In motor accident injury claims (specifically limb amputation), the functional disability assessment must account for the claimant's specific vocation and inability to perform manual Labor, while income calculation should follow standard notional income charts prescribed by Legal Services Authorities for the relevant year.

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.02.2022 PASSED IN MVC No.134/2021 ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE AND MACT, TUMAKURU, MADHUGIRI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT

1. This appeal is filed by the appellant/claimant seeking enhancement of compensation awarded in Judgment and Award dated 19.02.2022 passed in MVC No.134/2021 by IV Additional District Judge and MACT, Tumakuru, sitting at Madhugiri.

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

a) On 10.11.2020 at about 06.15 p.m. near Dandi Maramma Temple, located near Surenahalli, on Thovinakere-Kabbigere Road, Koratagere Taluk, when the petitioner was proceeding on the left side of the road as a pedestrian towards Kabbigere, the rider of motorbike bearing registration No. KA 06 EN 5051 came from back side by riding his Passion Pro bike in a rash and negligent manner and dashed to the appellant/claimant. As a result of the accident, the claimant fell down and sustained grievous injuries. The claimant took treatment in Hemavathi Hospital, Tumakuru and spent huge money for treatment. The claimant lost his left hand in the accident and is not able to do work as earlier. The claimant is an agriculturist doing agricultural coolie work earning Rs.20,000/- per month. The accident occurred due to rash and negligent driving of the rider of the motorcycle of respondent No.1 which is insured with respondent No.2.

b) Respondent No.2 in the objections denied each and every averment of the petition i.e., age, income, occupation of the petition and occurrence of the accident due to rash and negligent driving of the rider of the bike and injuries sustained by the claimant etc.

c) On the basis of the said pleadings, the Tribunal has framed the following issues:

(i) Whether the petitioner proves that on 10.11.2020 at about 6.15 p.m. near Dandinamaramma Temple near Surenahalli on Thovinakere – Kabbigere Road, Koratagere Taluk, when the petitioner was proceeding as a pedestrian towards Kabbigere, the rider of bike bearing Regd.No.:KA06-EN-5051 by driving his vehicle in a rash and negligent manner caused the road traffic accident and injuries to the petitioner?

(ii) Whether the petitioner is entitled for compensation? If yes, how much, and from whom ?

(iii) What order?

d) The claimant has been examined as P.W.1 and got examined doctor as P.W.2 and got marked Exs.P1 to P16. The respondents have not lead any evidence.

e) The Tribunal after hearing arguments and appreciating the evidence on record has awarded compensation under different heads as under:

f) The Tribunal has awarded interest on compensation at the rate of 6% per annum from the date of petition till realisation. The Tribunal held that the respondent No.2 - insurer is liable to pay the compensation with interest.

g) The claimant filed the present appeal seeking enhancement of compensation awarded by the Tribunal.

3. Heard the learned counsel for the appellant and learned counsel for respondent No.2 - Insurer.

4. Learned counsel for the appellant contended that, in the accident, the a