The claimant is in appeal seeking enhancement of

the compensation awarded by the III Additional Senior

Civil Judge and MACT at Kalaburagi (for short 'Tribunal') in

MVC No.413/2011, vide judgment and award dated

20.10.2014.

The claimant suffered extensive injuries on his

face, resulting in fractured nasal bone, loss of teeth and

fracture of both jaws in a road traffic accident. The

claimant

claimed

that

the

accident

happened

on

22.11.2009, when he was riding a Hero Honda motorcycle,

which was dashed against by a Jeep bearing registration

No.MH-03/H-3051

(henceforth

referred

as

'offending

vehicle'). He was treated as an inpatient between

22.11.2009 to 14.12.2009. He claimed that he was

employed as a conductor in a bus belonging to Bengaluru

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Metropolitan Transport Corporation (for short 'BMTC') and

was drawing monthly salary of Rs.10,000/-. He claimed

that due to the injuries suffered, he was not in a position

to report to duty as he had lost his ability to remember.

Hence, he filed a claim petition under Section 166 of the

Motor Vehicles Act, 1988, claiming compensation of

Rs.18,50,000/- from the owner and insurer of the

offending vehicle.

3.

The claim petition was contested by the insurer,

who contended that the claimant did not have a valid

licence to ride the motorcycle which met with the accident.

It also claimed that the driver of the offending vehicle did

not possess a valid licence to drive the offending vehicle.

It alleged that the accident was due to rash and negligent

riding of the motorcycle by the claimant and there was no

negligence on the part of the driver of the offending

vehicle.

4.

Based on these rival contentions, the claim

petition was taken up for trial. The claimant was

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examined as PW.1 and he marked Exs.P1 to P20. He also

examined a doctor as PW.2, who deposed that the

claimant had suffered disability to the extent of 40% to

the whole body. The insurer examined one of its officials

as RW.1 and marked the policy of insurance as Ex.R1.

5.

Based on the oral and documentary evidence,

the Tribunal held that the accident was due to the rash

and negligent driving by the driver of the offending

vehicle. It held that the claimant was employed with the

BMTC and he was discontinued from service due to his

unauthorized absence from 20.03.2008 to 21.08.2008 and

from 05.04.2009 till 18.05.2010 as per Ex.P14. It

considered the notional income of the claimant at a sum of

Rs.6,000/- per month and the disability suffered by the

claimant at 13% to the whole body and awarded the

following compensation:

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Towards pain and suffering

Rs.30,000/-

Towards loss of amenities

and enjoyment in life

Rs.10,000/-

Towards

loss

of

future

income

Rs.1,49,760/-

Towards medical expenses

and incidental charges

Rs.1,21,556/-

Towards

attendant's

charges, food, nourishment

and conveyance expenses

Rs.22,000/-

Towards

loss

of

income

during period of treatment

Rs.18,000/-

Total

Rs.3,51,316/-

6.

The Tribunal directed the insurer of the

offending vehicle to pay the compensation along with

interest at the rate of 6% per annum from the date of

claim petition till the date of realization. Being aggrieved

by the quantum of compensation awarded, the claimant is

in appeal.

7.

The learned counsel for the appellant/claimant

submitted that the claimant had suffered fracture of nasal

bone and he had lost teeth and also suffered injuries

resulting in fracture of both jaws. He therefore contended

that the Tribunal must have considered the disability

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suffered by the claimant at 40%, as deposed by PW.2. He

also contended that due to the injuries to the head, the

claimant lost his memory. He contended that the claimant

cannot now seek continuation of his employment with the

BMTC and therefore, prays that the compensation awarded

by the Tribunal be enhanced. He contended that the

Tribunal committed an error in considering the notional

income of the claimant at a sum of Rs.6,000/- per month

though the claimant w