Though this matter is listed for admission, with the

consent of learned counsel appearing for the parties, the

matter is taken up for final disposal.

Heard the learned counsel appearing for the

appellant

and

the

learned

counsel

appearing

for

the

respondents.

The factual matrix of the case of the claimant

before the Tribunal is that on 16.04.2015 at about 4.00 p.m.,

when the claimant/appellant was proceeding as a pillion rider

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on a newly purchased motorcycle belonging to his friend from

Ankola towards Karwar and when they came near Amadalli

railway bridge, one TATA Indica car bearing registration No.

KA-47/6883 driven by its driver in a rash and negligent manner

from Ankola towards Karwar, hit the motorcycle. As a result of

the same, the claimant/appellant sustained grievous injuries.

Immediately he was shifted to Government Hospital at Karwar

for treatment and from there he was shifted to Tejaswini

Hospital and SSIOT Mangalore, for further treatment. He was

treated as an in patient for more than 80 days and spent a sum

of Rs.7,50,000/- towards medical expenses. It was the claim

of the claimant before the Tribunal that prior to the accident,

he was hale and healthy and he was an Engineering student.

Due to the accident, the appellant discontinued his education

and has lost his future and he cannot stand properly and

cannot fold his leg as earlier. Further, it is his case that he has

become physically and permanently disabled and he cannot do

any work. Hence, the claimant filed claim petition before the

Tribunal seeking for compensation.

4.

In support of his claim, the claimant got examined

himself as PW-1 and the doctor as PW-2 and also got marked

- 4 -

documents

Ex.P.1

to

Ex.P.191.

On

the

other

hand,

respondents examined its Administrative Officer as RW-1,

A.R.T.O as RW-2 and respondent No.2 before the Tribunal got

examined himself as RW-3 and got marked the documents

Ex.R.1 to Ex.R.6. The Tribunal after assessing both oral and

documentary evidence allowed the claim petition awarding

compensation of Rs.6,98,730/- with interest at the rate of

7% p.a. Being aggrieved by the judgment and award, the

claimant has filed the present appeal seeking for enhancement

of compensation.

5.

Learned counsel for the appellant contends that the

appellant has suffered fracture of right fibula and tibia, CLW

over chin and abrasion over the hand and at the first instance

he has taken treatment as an inpatient for a period of 46 days

and again admitted to the hospital for the second time and he

was inpatient for a period of 5 days and in order to substantiate

the nature of the injuries and permanent disability he examined

the doctor as P.W.-2. He would further submit that the

Tribunal has committed error in taking the monthly income of

the appellant only at Rs.7,000/- p.m. when the doctor has

assessed the physical disability at 100% to the whole body and

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that no compensation is awarded under the head ‘food and

nourishment and other incidental charges’ and the amount

awarded towards loss of amenities is only Rs.35,000/-. The

appellant was aged about 23 years as on the date of the

accident and no compensation is awarded towards loss of

marriage prospects. He also submits that the Tribunal has

taken only three months as the laid up period in spite of

appellant being in the hospital as an inpatient for more than 70

days. Hence, the judgment and award of the Tribunal calls for

interference of this Court.

6.

Per

contra,

learned

counsel

for

respondent

No.3/Insurance company would submit that the disability of

20% taken by the Tribunal is just and reasonable and the

Tribunal taking into consideration the nature of the injuries, has

rightly awarded compensation of Rs.6,98,730/- and the same

does not call for interference of this Court.

7.

Having heard the learned counsel appearing for the

parties and also on perusal of the material available on record,

it is seen that the appellant has sustained comminuted fracture

of right fi