Court found initial compensation amounts inadequate and enhanced awards based on claimants' permanent disabilities and losses sustained due to vehicular accident.

JUDGMENT :

RAVI V. HOSMANI, J.

1. Though matter is listed for admission, with consent of learned counsel appearing for parties, it is taken up for final disposal.

2. Challenging common judgment and award dated 02.07.2021 passed by IV Additional Senior Civil Judge and MACT-XV (‘tribunal’ for short) Vijayapur, in MVCs no.331/2019 and 332/2019, these appeals are filed.

3. Sri Koujalagi Chandrakant Laxman, learned counsel submitted, appeals were by claimants for enhancement of compensation. It was submitted on 04.02.2019 at about 3:30 p.m. when claimants were proceeding on motorcycle bearing no.KA-33/V-4338 on Kalakeri-Sindagi road, near Byakod Primary School, driver of Jeep bearing no.KA-28/N-5028 drove same in rash and negligent manner and dashed against motorcycle causing accident. In accident, claimants sustained grievous injuries and despite taking treatment, they sustained permanent physical disability/loss of earning capacity. Therefore filed claim petition against owner and insurer of Jeep under Section 166 of MV Act.

4. On contest, wherein owner-insurer appeared and filed objections admitting accident and stating that Jeep was insured and policy was in force as on date of accident, but denying age, income, occupation and loss of earning capacity by claimants and also alleging violation of policy conditions by insured, tribunal framed issues and recorded evidence. Claimants examined themselves as PWs.1 and 2 and Dr.Ashok Nayak, an orthopedic surgeon as PW3. Exhibits P.1 to P.18 were marked. Respondents did not lead evidence, but got marked copy of insurance policy with consent as Ex.R.1.

5. On consideration tribunal held accident occurred due to rash and negligent driving of Jeep by its driver, claimants had sustained permanent physical disability/loss of earning capacity, vehicle was insured with insurer and therefore, claimants were entitled for compensation from insurer as follows:

MVC No. 331/2019:

MVC No. 332/2019:

6. Not satisfied with compensation, claimants were in appeal.

7. Insofar as MVC no.331/2019 is concerned, it was submitted, though claimant sustained compound fracture of neck and upper 1/3rd of femur, fracture of right head of tibia and upper 1/3 of fibula, tribunal awarded only Rs.20,000/-towards pain and suffering.

8. It was submitted, PW3-Dr.Ashok Nayak examined claimant and assessed limb disability of 50-55%. However, tribunal considered functional disability at 10% which was on lower side. Though, claimant had taken inpatient treatment for 8 days, tribunal awarded only Rs.5,000/- towards food, nourishment and other incidental charges and Rs.4,000/- towards conveyance and attendant charges which was on lower side. Even award of Rs.5,000/- towards loss of amenities and Rs.26,500/- towards loss of income during laid-up period were