Claimant in MVC No.1038/2019 on the file of I

Additional Senior Civil Judge and MACT at Kalaburagi

(hereinafter referred as ‘Tribunal’) being aggrieved by the

impugned judgment and award passed in the said case

dated 13.04.2022, has preferred this appeal seeking for

enhancement of compensation

Parties will be referred to as per their ranking

before the Tribunal.

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3.

It was the case of the appellant that on

04.11.2016 at 6.30 P.M. he was riding the motorcycle

bearing

No.MH-13/L-0009

and

proceeding

from

Pandharapur

to

Velapur;

at

Shivashambho

Mangal

Karyalaya Velapur, he met with an accident by Maruti Car,

bearing MH-13/N-7934, due to rash and negligent driving of

the said Car by its driver. Due to impact he sustained

grievous injuries such as fracture of right temparo parietal

area and other skull bones. He had incurred huge medical

expenses. He has been suffering from permanent disability

due to injuries sustained in the accident. He was aged

about 50 years at the time of accident and earning

Rs.32,000/- per month. He lost his earning capacity due to

permanent

disability.

With

these

reasons,

the

appellant/petitioner has prayed to award the compensation

of Rs.32,00,000/-.

4.

Respondent No.2 denied the contention of the

appellant. It has contended that accident was taken place

due to negligence of petitioner. It’s liability is restricted to

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terms and conditions of policy of insurance. And prayed for

dismissal of the petition.

5.

From the rival contention of the parties, the

Tribunal had framed the necessary issues.

6.

Appellant/ petitioner had examined PW1 and

PW2 and got marked Ex.P1 to Ex.P13. Respondent No.2 has

got marked Ex.R1 and not let in any oral evidence.

7.

The Tribunal on appreciation of the pleadings

and evidence available on record, awarded compensation of

Rs.11,24,300/- under the following heads:

Pain and suffering

:

Rs.20,000/-

Attendant Charges, food and

conveyance charges

:

Rs.13,600/-

3.

Loss of future income

:

Rs.2,88,750/-

4.

Medical expenditure

:

Rs.6,80,721/-

5.

Future medical expenses

:

Rs.75,000/-

6.

Loss of income during treatment

:

Rs.26,250/-

7.

Loss of amenities and nutrition

food

:

Rs.20,000/-

Total :

Rs.11,24,321/-

Rounded off :

Rs.11,24,300/-

8.

Appeal is come up for hearing on admission; with

the consent of learned advocates for both the parties, the

matter is taken up for final disposal.

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9.

The

learned

advocate

for

appellant

has

vehemently contended that the Tribunal has not accepted

the earnings of the deceased at Rs.32,000/- per month and

on the contrary, held his income as Rs.8,750/- per month,

which is on lower side. The Tribunal has not considered the

evidence of PW2 and assessed the disability as 25% to whole

body. The amount of compensation awarded under the

heads are meager. Therefore, prayed for enhancement of the

compensation.

10.

The learned advocate for respondent No.2 has

supported the impugned judgment and further submitted

that it doesn’t call for any interference by this Court.

11.

The following point emerges for determination.

“Whether the appellant is entitled for

enhancement of compensation?

12.

The Tribunal on appreciation of the evidence,

held that accident was taken place due to rash and negligent

driving of Car by its driver. The said finding is not

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challenged by respondent No.2 and hence, no need of

interference, in the same.

13.

It is a settled law that the Tribunal has to award

just and reasonable amount of compensation. The Tribunal

has appreciated the evidence at para 15 in the impugned

judgment and held that there were no acceptable evidence to

accept the contention of the petitioner that he was earning

Rs.32,000/- per month. Therefore, on the basis of

guidelines of Karnataka State Legal Services Authority,

Tribunal has taken the income of the petitioner/ appellant

as Rs.8,750/- per month, since accident was taken place

during the year 2016. It does not call for any interference.

14.

The learned