The court may consider the nature of injuries and their impact on the claimant's ability to work when determining compensation for road traffic accidents.

JUDGMENT/ORDER

1. This appeal under Sec. 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') has been filed by the claimant being aggrieved by the judgment dtd. 3/10/2011 passed by MACT, Mysore in MVC 269/2011.

2. Facts giving rise to the filing of the appeal briefly stated are that on 12/8/2010 when the claimant was proceeding on TVS XL moped bearing registration No.KA-09-ET-83 from Vasu Extension to Vivekananda Road, at that time, goods auto bearing registration No.KA09-B-2298 being driven by its driver at a high speed and in a rash and negligent manner, dashed to the vehicle of the claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.

3. The claimant filed a petition under Sec. 166 of the Act seeking compensation. It was pleaded that he spent huge amount towards medical expenses, conveyance, etc. It was further pleaded that the accident occurred purely on account of the rash and negligent driving of the offending vehicle by its driver.

4. On service of notice, the respondents appeared through counsel and filed written statements in which the averments made in the petition were denied.

5. On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter recorded the evidence. The claimant himself was examined as PW1 and Dr.Harsha.C.K. was examined as PW-2 and got exhibited documents namely Ex.P1 to Ex.P12. On behalf of the respondents, one witness was examined as RW-1 and got exhibited documents namely Ex.R1 to Ex.R3. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the claimant sustained injuries. The Tribunal further held that the claimant is entitled to a compensation of Rs.45,240.00 along with interest at the rate of 6% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. Being aggrieved, this appeal has been filed.

6. The learned counsel for the claimant has contended that claimant has sustained fracture of shaft right femur and fracture of distal end of radius right. PW2, the doctor has stated in his evidence that the claimant has suffered disability of 37.5% to upper limb. Due to the accident, the claimant has sustained grievous injuries. He was treated as inpatient for a period of 11 days. Even after discharge from the hospital, he was not in a position to discharge his regular work. He has suffered lot of pain during treatment. He has produced medial bills at Ex.P7. Considering the nature of injuries, the overall compensation awarded by the Tribunal is on the lower side. Hence, he sought for allowing the appeal.

7. On the other hand, the learned counsel for the Insurance Company has contended that the injuries sustained by the claimant are minor in nature. He was working at Government Pre University College, Belagola and after recovering from injuries, he has continued his employed and there is no loss of income. Therefore, the Tribunal has rightly not granted any compensation for 'loss of future income'. Considering the age and avocation of the claimant, the Tribunal has granted just and reasonable compensation and it does not call for interference. Hence, he sought for dismissal of the appeal.

8. Heard the learned counsel for the parties and perused the judgment and award of the Tribunal.

9. It is not in dispute that the claimant has sustained injuries in the road traffic accident occurred on 12/8/2010 due to rash and negligent driving of the offending vehicle by its driver. As per wound certificate, the claimant has sustained fracture of shaft right femur and fracture of distal end of radius right. PW-2, the doctor has stated in his evidence that the claimant has suffered disability of 37.5% to upper limb. Due to the accident, the claimant has sustained grievous injuries. He was treated as inpatient for a period of 1