Heard the petitioner counsel and also the counsel

appearing for the respondent.

2.

This appeal is filed challenging the quantum of

compensation

awarded

in

MVC

No.977/2015

dated

30.11.2016 on the file of the V Additional District and

Sessions Judge and MACT-VI, Belagavi.

3.

The factual matrix of the case of the claimant

before the tribunal is that, on account of the accident he

had suffered fracture of right inferior public rami, fracture

of left superior public rami and displaced fracture of right

ileum and the wound certificate discloses comminuted

fracture of ileum bone right side with bicolumnar

acetabular fracture along with fracture inferior public

Ramus – T – type Right side for and X-rays, CT-scan and

MRI had been done and operated on 01.03.2015 with

blood transfusion of total 3 whole blood given intra-

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operatively and given aseptic condition and he was an

inpatient for a period of 72 days and he took treatment in

three hospital and in total for a period of 72 days he was

in hospital and due to injuries the Doctor has assessed the

disability of 45% to the right lower limb and the tribunal

has taken 12% to the whole body and the taken the

income of Rs.7,000/- and awarded compensation under

different heads and all the compensations awarded are

very meager and hence, it requires interference.

4.

Per contra, the learned counsel appearing for

the respondent-Insurance company would submits that,

the

trial

Court

has

awarded

just

and

reasonable

compensation in a case of three fractures i.e. Rs.75,000/-

is awarded under the head of pain and suffering and the

same is also on the higher side and the compensation

awarded under other heads are also on higher side and it

does not require any interference.

- 4 -

5.

Having heard the respective counsel and on

perusal of the material on record, the point that would

arise for consideration are;

(i)

Whether the tribunal has committed an error in

not

awarding

just

and

reasonable

compensation ?

(ii)

What order?

6.

Answer to Point No.1 : The tribunal having

considered

the material available on

record, while

answering Issue No.2, taken income of Rs.7,000/- and it

was an accident of the year 2015 and in the absence of

documentary proof ought to have taken notional income of

Rs.8,000/- and also noticed that, he had suffered fracture

of right inferior pubic rami, fracture of left superior public

rami and displaced fracture of right ileum, awarded an

amount of Rs.75,000/- under the head of pain and

suffering and he was an inpatient in the Hospital at Sangli

from 21.02.2015 to 12.05.2015 and having considered the

nature of the injuries the compensation awarded under the

pain and suffering Rs.75,000/- is just and reasonable.

Doctor has assessed the disability of 45% to the right

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lower limb and fracture of pubic rami with respect to right

and left superior pubic rami and tribunal has taken the

disability of 12% and having considered the nature of

fracture of pubic rami and displaced fracture of left helium,

the disability taken by the tribunal is lesser side and ought

to have taken 1/3^rd, when the disability is assessed to the

limb and hence, taken as 1/3^rd, and apart from that,

Doctor evidence is clear that, there is a mall union and

hence, taken in total 18% disability. Having taken 18%

disability, this Court has to reassess the disability taking

the income of and Rs.8,000/- and he is aged about 38

years and the relevant multiplier applicable is ‘15’ and

having considered the multiplier ‘15’ and disability of 18%,

it comes to Rs.2,59,200/-.

7.

The tribunal awarded an amount of Rs.25,000/-

under the head of loss of amenities and when this Court

has reassessed disability, it is appropriate to award an

amount of Rs.35,000/- under the head of future loss of

amenities since he is aged about 38 years and he has lead

his rest of life with the disability.

- 6 -

8.

The

tribunal

awarded

compensation

of

Rs.21,000/- under the head of loss of income during the

laid up period and having considere