In motor accident injury claims, Tribunals must assess the victim's income based on their skill level rather than minimum wage, apply future prospects if disability is significant, and conduct a realistic appraisal of contributory negligence based on the specific evidence of the accident site.

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR)

This appeal is filed by the appellant –claimant seeking enhancement of compensation awarded in judgment and award dated 29.12.2023 in MVC No.1380/2019 by the VI Additional District and Sessions Judge and Additional M.A.C.T, Belagavi. (hereinafter referred to as ‘Tribunal’ for brevity).

2. The facts leading to the filing of claim petition are as under;

a. On 18.11.2018 at about 3.15p.m., the appellant –claimant was proceeding in a motorcycle bearing registration No.KA-22 /X-9555 on NH-4 service road near Yuvaraj Dabha. At that time, rider of motorcycle bearing registration No.KA-22/ EL 3076 came in opposite directed in a rash and negligent manner, dashed to the appellant –claimant and caused accident. Due to the said impact, the appellant –claimant has sustained injuries and immediately he has been shifted to Civil Hospital, Belagavi and thereafter, shifted to Vijaya Hospital, Belagavi. The claimant was admitted in the hospital for 02 months as inpatient and underwent major operations and in the first operation his toes were amputated and thereafter, his is right leg below knee was amputated. It is contended that the claimant has spent an amount of Rs.6,00,000/- towards medical expenses and he is required Rs.1,00,000/- for future medical expenses. The appellant -claimant was aged 20 years as on the date of accident and he was working as vehicles spray painter and earning Rs.25,000/- per month and maintaining his family. With this, he made claim petition claiming compensation.

b. Respondent No.1 in his objections has denied petition averments in toto and contended that the appellant-claimant due to his own rash and negligent act, dashed to respondent No.1 and due to which the said accident occurred. He further contended that the vehicle is insured with respondent No.2 –insurance company and any liability, may be fastened upon respondent No.2.

c. Respondent No.2 –insurer denied the entire petition averments and admits the policy but contended that it is subject to terms, conditions, limitation, exception and rider of the vehicle holding valid and effective driving license. Further contended that the accident in question was due to the rash and negligent act of the appellant –claimant. Therefore, respondent No.2 is not liable to pay the compensation.

3. Based on the said pleading, the Tribunal has framed the following issues;

1) Whether the petitioner proves that he sustained bodily injuries as described in para-11 of the petition in a road traffic accident occurred on 18-11-2018 at about 3.15 pm, on NH-4 service road, near Yuvaraj Dhaba, within the jurisdiction of Traffic North Police Station, Belagavi due to rash and negligent riding of the motorcycle bearing No. KA-22/EL-3076 by its rider?

2) Whether the petitioner is entitled for compensation? If so, what is the quantum and from whom?

3) What order or award?

4. The appellant -claimant has been examined as P.W.1, doctor is examined as P.W.2, two witnesses are examined as P.W.3 and 4 and got marked documents as Ex.P1 to P33. Both of respondents have not let oral evidence and only got marked insurance policy as Ex.R1. The Tribunal after hearing the arguments on both sides and appreciating the evidence on record has answered issue Nos.1 and 2 in the affirmative and awarded the compensation under different heads as under;