The court determined that the proper assessment of compensation must account for permanent disability and its impact on future income, thereby enhancing the award to the claimant.

JUDGMENT :

SHIVASHANKAR AMARANNAVAR, J.

1. This appeal is filed by the appellant-claimant seeking enhancement of compensation as awarded in the judgment and award dated 17.01.2019 passed in MVC.No.1413/2015 by the IV Additional District and Sessions Judge and Member, MACT-13, Vijayapura (for short ‘Tribunal’).

2. The facts leading to filing of claim petition are as under:-

That on 21.07.2015 at about 10.00 a.m. the appellant-claimant being driver of auto-rickshaw bearing Reg.No.KA-28-5090 was driving his auto-rickshaw towards Vijayapura from Devarahipparagi, at that time a Truck Eicher bearing Reg.No.KA-28-B-1745 came from opposite direction in a high speed and rash and negligent manner and driver lost control over the said vehicle and dashed against the auto-rickshaw. Due to which, the claimant sustained grievous injuries. The claimant taken treatment and filed the claim petition. The Tribunal assessed compensation and passed the impugned award. The claimant has filed the present appeal seeking enhancement of the compensation.

3. Heard learned counsel for the appellant-claimant and learned counsel for respondent No.2-insurance company.

4. Learned counsel for the appellant-claimant would contend that the PW.2 - doctor who has issued the disability certificate at Ex.P.9 has stated that there is a permanent disability of the appellant - claimant of 10 to 20 percent of the whole body and in spite of that the Tribunal has not taken the said disability and not awarded the loss of future income. He further submits that there is a head injury and fracture of nasal bone with left parietal hematoma and considering the same, disability has to be assessed. He further submits that notional income fixed as per the Chart prepared for settlement of disputes in Lok- Adalath by the Karnataka Legal Services Authority, the notional income for the year 2015 is Rs.8,000/- per month. He further submits that the compensation awarded under the head of loss of income during the laid up period is on lower side. The Tribunal has not awarded the compensation towards loss of amenities, attendant and conveyance charges. With these, he prays to allow the appeal.

5. Learned counsel for respondent No.2-insurance company would contend that the due to injury, the claimant has not sustained any disability. Considering the same, the Tribunal has rightly not awarded the loss future income and compensation awarded under other heads are just and proper. With these, he prays to dismiss the appeal.

6. Having heard learned counsel for the appellant-claimant and learned counsel for respondent No.2-insurance company, this Court perused the impugned judgment and the materials placed on record.

7. The appellant-claimant was aged 52 years as on the date of accident and he was a driver by occupation. PW.2-Doctor who has issued Ex.P.9 – disability certificate wherein it is stated that the claimant is having 10 to 15 percent disability of the whole body. The claimant has sustained head injuries and fracture of nasal bone. Considering the same and the disability stated by the doctor, the claimant is entitled to loss of future income by taking the disability at 7%. The appellant-claimant was aged about 52 years at the time of accident, the proper multiplier applicable is 11.

8. In view of the above, the claimant is entitled to loss of future income as under :-

Rs.8,000/- x 12 x 11 x 7% = Rs.73,920/-.

9. The Tribunal has rightly awarded the compensation at Rs.30,000/- towards pain and suffering and Rs.25,000/- towards medical expenses and extra nourishment.

10. Considering the fracture of nasal bone, the appellant – claimant is entitled to loss of amenities in a sum of Rs.30,000/-.

11. The Tribunal has not awarded the compensation towards attendant and conveyance charges. Therefore, the claimant is entitled to compensation towards attendant and conveyance charges at Rs.10,000/-.

12. The Tribunal has awarded Rs.10,800/- towards loss of income during the laid up period. Considering the fracture a