This appeal is filed under Section 173 (1) of the

Motor Vehicles Act, 1988, (for short 8the M.V.Act9) by

claimant seeking enhancement in respect of the

judgment and award dated 07.07.2018 passed in MVC

No.100/2015 on the file of Principal District Judge and

MACT, Kodagu - Madikeri (for short, 'the Tribunal').

2. There is no serious dispute regarding the

factual aspects.

3. The brief factual matrix leading to the case is

that, on 21.11.2014 at about 9 a.m. the claimant was

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proceeding

on

his

Pulsar

Motor

Cycle

bearing

Regn.No.KA-12/L-3240 on Harangi to Kushalnagar

Main

road.

Near

Chikkathur

forest

in

front

of

Mohankumar's house, a Ambassador Car bearing

Reg.No.KA-01/GB-1000 driven by its driver in a rash

and negligent manner came from Kushalnagar side and

dashed against the motor cycle of claimant resulting in

the accident. Due to the said impact, the claimant

sustained grievous injuries and immediately he was

shifted to Government hospital, Kushalnagar and

thereafter he was shifted to JSS Hospital Mysore,

wherein he took treatment as inpatient and spent huge

amount. It is further asserted that he has permanently

disabled and as such he has filed a claim petition under

Section 166 of the M.V. Act claiming compensation of

Rs.20,00,000/- with interest thereon.

4.

The respondents contested the matter by

disputing the claim and asserted that there is an

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actionable negligence on the part of the claimant

himself and sought for dismissal of the petition.

5.

The Tribunal after assessing the oral as well

as

documentary

evidence,

awarded

a

total

compensation of Rs.3,92,640/- with interest at 9% p.a.

under the following heads:

Towards pain and suffering

Rs.20,000/-

Medical expenses,

Attendant, conveyance &

nourishment charges

Rs.2,94,800/-

Loss of amenities in life

Rs.8,000/-

Loss of income during

treatment

Rs.18,000/-

Loss of future earning

Rs.51,840/-

Total

Rs.3,92,640/-

Further, the Tribunal has directed the respondent

No.3/Insurer to deposit entire compensation amount

within 1 month from the date of award thereon. Being

dissatisfied with this award, the claimant has filed this

appeal seeking enhancement.

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6.

Heard the learned counsel for appellant and

learned counsel for respondent. Perused the records.

7.

The learned counsel for appellant would

contend that the Tribunal has awarded meager amount

under the heads of pain and suffering, loss of amenities

and monthly income of the claimant is also on lower

side. Hence, she would seek for enhancement.

8.

Per contra, the learned HCGP appearing for

respondents No.2 and 3 would support the judgment

and award passed by the Tribunal.

9.

Having

heard

the

arguments

and

on

perusing the records, it is evident that the claimant has

suffered fracture of right humerus bone and fracture of

upper end of right tibia bone in the road traffic accident

dated 21.11.2014. The Tribunal has held that the

accident in question is because of the negligence on the

part of the driver of the offending Car i.e., respondent

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No.1. This finding of the Tribunal is not at all challenged

by the respondents.

10. The Tribunal has awarded Rs.20,000/- under

the head of pain and suffering. The records disclose that

the claimant has suffered fracture of right humerus

bone and facture of upper end of right tibia bone. He

has suffered two fractures and considering the nature of

injuries, the amount awarded under the head of pain

and suffering to the tune of Rs.20,000/- appears to be

on lower side. Hence, I proposed to enhance the same

to Rs.30,000/-.

11. Further, the Tribunal has also awarded

Rs.8,000/- under the head loss of amenities in the life.

Considering the disability caused to the claimant

because of the fractural injuries, the amount awarded

under this head is on lower side and hence I proposed

to award Rs.20,000/- under the head of loss of

amenities in the life.

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12. The Tribunal has also awarded medical

expenses to the tune of Rs.2,81,380/- considering the

documen