These two appeals are filed challenging the impugned

judgment and award dated 31.10.2018 in MVC.No.708/2018

on the file of Prl.Senior Civil Judge & MACT, Kalaburagi,

whereby the petition filed under Section 163-A of the Motor

Vehicles Act, 1988 (‘M.V.Act’ for short) came to be partly

allowed granting compensation in a sum of Rs.1,35,200/- with

a direction the respondent to pay the same with interest at

9% p.a.

2.

While MFA.No.202347/2018 is filed by petitioner

seeking enhancement of compensation, MFA.No.200228/2019

is filed by respondent/Insurance Company with a prayer to

dismiss the claim petition.

3.

For the sake of convenience, the parties are

referred to by their rank before the Tribunal.

4.

FACTS: It is the case of the petitioner that on

04.07.2017 at 7.30 a.m, petitioner was proceeding on motor

cycle bearing registration No.KA-32/EN-6249 (‘offending

vehicle’ for short) belonging to him. On Raichur-Gobbur Road,

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near Kalmal bus stop, accident occurred due to the rash or

negligent driving by the offending vehicle. In the said

accident, he sustained grievous injuries. Immediately, he was

shifted to Raichur Institute of Medical Sciences. Later on he

took treatment at Navodaya Hospital, Raichur. Despite

prolonged treatment, he is not completely cured. He is the

owner of the offending vehicle. It is insured with respondent.

At the time of accident, he was earning Rs.15,000/- p.m as a

Lab Technician. Respondent is liable to pay the compensation

and hence, the petition.

5.

Respondent has appeared through counsel and

filed objections admitting that petitioner is the owner of the

offending vehicle and was insured with the respondent as on

the date of accident. However, petition filed under Section

163-A of the M.V.Act by the petitioner seeking compensation

against respondent is not maintainable. At the time of

accident, petitioner was not holding a valid driving license and

thereby violated the terms and conditions of the policy. The

compensation claimed is highly exorbitant, fanciful and

without any basis. Having regard to the fact that the income

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of the petitioner was Rs.15,000/- petition under Section 163-A

is not maintainable and prays to dismiss the petition.

6.

Based on these pleadings, the Tribunal has framed

necessary issues.

7.

In support of his case, petitioner has examined

himself as PW-1 and one Dr.Ramakanth Kulkarni who has

issued disability certificate as PW-2. He has relied upon Ex.P1

to 20.

8.

On behalf of respondent one witness is examined

as RW-1 and Ex.R1 and 2 are marked.

9.

Vide the impugned judgment and award, the

Tribunal has partly allowed the claim petition granting

compensation in a sum of Rs.1,35,200/- with interest at 9%

p.a. and directed respondent to pay the same. The details of

compensation granted by the Tribunal is as below:

Head of compensation

Amount in Rs.

Pain, shock and agony

5,000

Medical expenses

15,000

Loss of income towards permanent

disability

1,15,200

TOTAL

1,35,200

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10.

Seeking

enhancement

of

the

compensation,

petitioner has filed MFA.No.202347/2018 contending that the

compensation granted is on the lower side. The compensation

granted under all the heads is on the lower side. The disability

ought to have been taken at 30-35% to the whole body. The

Tribunal has erred in considering the disability at 16% only. The

Tribunal has also not granted any compensation under the head

diet, attendant charges, extra nourishment, conveyance and loss

of enjoyment. No compensation is granted under the head future

medical expenses. No compensation is granted under the head

loss of amenities of life, loss of income during laid of period,

damages caused to the offending vehicle, loss of marriage

prospects and prays to allow the appeal.

11.

In support of his arguments, learned counsel

appearing for petitioner has relied upon the following decision:

(i)

Chandrakanta Tiwari Vs. New India Assurance

Co.Ltd & Anr. (Chandrakanta Tiwari’s case)¹

12.

On the other hand respondent has challenged the

impugne