These appeals are filed under Section-173(1) of

the Motor Vehicles Act 1988 (hereinafter referred to

as ‘MV Act’ for brevity) challenging the judgment and

award

dated

05.07.2018,

passed

in

M.V.C.No.

251/2017, on the file of the Motor Accident Claims

Tribunal, Udupi (Sitting at Kundapura), Kundapura,

(hereinafter referred to as ‘the Tribunal’ for brevity).

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MFA No.9170/2013 is filed by the appellant-

claimant seeking enhancement of the compensation

awarded by the Tribunal.

MFA No.8511/2018 is filed by the appellant-

Insurance

Company

of

the

offending

vehicle

challenging the quantum and for reducing the

compensation amount awarded by the Tribunal.

Brief facts:

2.

On 10.10.2016 at about 11.00 a.m., the

appellant-claimant was proceeding on his motor cycle

bearing registration No.KA-20-EG-8398 from Gangolli

side towards Maravanthe side in a very slow and

careful manner, when the said motor cycle reached

Prarthana Paper owner house Cross, Nayakwadi,

Gujjadi Village, Kundapura Taluk, at that time another

motor cycle bearing registration No.KA-20-K-6028

belonging to the first respondent ridden by its owner

in a rash and negligent manner came from western

5

side of the mud road and dashed the claimant’s motor

cycle. Due to the said impact, the claimant sustained

grievous injuries all over his body. Immediately, after

the accident, the claimant was shifted to Adarsha

Hospital, Udupi wherein he was treated as inpatient.

3. Hence, a claim petition was filed by the

appellants-claimants under Section-166 of the M.V.

Act, claiming compensation for the injuries sustained

in the accident. In pursuance of the Notice issued to

respondent Nos.1 and 2, they appeared through

counsels and filed separate written objections and

denied the case.

4.

To substantiate the contentions of the

appellant–claimant, the claimant got himself examined

as PW-1 and the Doctor was examined as PW-2 and

got marked documents at Exhibits-P1 to P13. The

respondents neither examined any witnesses nor

produced any documents.

6

5.

The Tribunal on appreciating the materials

on record, allowed the petition in part, and awarded a

compensation of Rs.5,47,840/- along with interest at

the rate of 6% per annum on Rs.4,32,840/-

(excluding interest on ‘Future Medical Expenses’ of

Rs.1,15,000/-) from the date of petition till the date of

realization. The Tribunal held respondent Nos.1 and 2,

jointly and severally liable to pay the compensation

with costs and insurance company liable to pay the

compensation.

6.

Heard arguments of the learned counsel for

the appellant-claimant and the learned counsel for the

insurance company and perused the materials on

record.

7.

The learned counsel for the appellant-

claimant submitted that the quantum of compensation

awarded under various heads is on lesser side.

7

Therefore,

seeks

for

enhancement

of

the

compensation.

8.

On the other hand, the learned counsel

appearing

for

the

appellant–insurance

company

submits that the Tribunal has awarded excess

compensation and hence prays for reducing the

compensation amount awarded.

9. The compensation awarded by the Tribunal

is as follows:

Towards

Pain,

Injuries

And

Suffering

:

Rs.

60,000/-

Towards Medical Expenses

:

Rs.

1,11,343/-

Future Medical Expenses

:

Rs.

1,15,000/-

Loss of earning during treatment

:

Rs.

6,000/-

Bed rest

:

Rs.

18,000/-

Loss of Future Earning capacity

:

Rs.

2,29,500/-

Conveyance,

nourishment

and

attendant charges

:

Rs.

8,000/-

TOTAL :

Rs.

5,47,843/-

10. Exhibit-P3 is the Wound Certificate, which

shows that the claimant had suffered the following

injuries:

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“i.

Reddish Abrasion on the right side of

forehead,

ii.

Redding abrasion on the nose,

iii.

Swelling and deformity of right side of

lower jaw with CT scan showing fracture

of

right

parasymphyseal

fracture

of

mandible with left angle of left mandible

fracture,

iv.

Reddish abrasion on upper right forearm,

v.

Reddish abrasion on left knee,

vi.

Reddish abrasion on right knee,

vii.

Reddish abrasion on left foot.”

11. Injury No.(