Heard learned counsel for both the parties.

This appeal is filed by the claimant challenging

the judgement and award passed in MVC No.663/2012

dated 21.07.2014 on the file of the Principal Civil Judge

and Additional MACT, Dharwad (hereinafter referred to as

‘the Tribunal’ for short), questioning the quantum of

compensation.

3.

Brief facts of the case are as under:

A claim petition came to be filed under Section 166

of the Motor Vehicles Act contending that on the claimant

met with an accident on 15.01.2012, as a result he had

suffered comminuted fracture of femur, tibia and fibula

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and he was inpatient for a period of 105 days on three

different occasions and he spent huge money for his

treatment

and

thus

sought

for

awarding

suitable

compensation.

4.

Learned counsel for the claimant vehemently

contends that in support of his claim, he examined doctor

as PW.2 and he assessed the disability at 56% to whole

body and Tribunal taken disability of 19% and failed to

take note that he had suffered compound fracture of

femur, tibia and fibula and also there are mal union of

tibia and fibula. The Tribunal also taken the income on a

lesser side i.e. Rs.6,000/- and accident is of the year 2012

and notional income would be Rs.6,500/- and apart from

that he was working as driver and was an agriculturist and

in order to substantiate his contention that he was working

as driver copy of driving extract at Ex.P.7 is produced.

Counsel also submits that the income taken by the

Tribunal while calculating future loss of income and loss of

income during laid up period is also meager and

- 4 -

compensation awarded by the Tribunal on other heads is

also very meager. Thus, sought for enhancement of

compensation.

5.

Per contra, learned counsel for respondents

submits that the Tribunal considered the income at

Rs.6,000/- in the absence of any documentary evidence

and also awarded just and reasonable compensation on

other heads and hence, it does not require any

interference.

6.

In view of the factual aspects, the following

point would arise for consideration:

1. Whether the Tribunal has committed an error

in

not

awarding

just

and

reasonable

compensation?

2. What order?

7.

Regarding point Nos.1 and 2: Having heard the

learned counsel for parties and on perusal of the material

on record, the claimant got marked wound certificate as

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Ex.P.4, wherein he has suffered fracture of right femur,

tibia and fibula and in support of his claim also examined

doctor as PW.2 and doctor in his evidence has deposed the

disability as 56% and Tribunal considered future loss of

income considering the disability of 19% and the doctor

says in his evidence that permanent physical impairment

to the extent of 56% with respect to right lower limb and

Tribunal taken 1/3^rd of the disability and failed to take note

of evidence of doctor, wherein he has categorically stated

that right knee and leg shows mal united fracture of tibia

and fibula. The Tribunal further failed to take note of the

mal uniting of fracture of tibia and fibula. When such being

the case, the disability taken by the Tribunal is on lesser

side and hence, it is appropriate to add 10% to fracture of

femur and 8% to tibia and 4% to supporting bone fibula, it

comes to 22% and having added another 4% for mal

union of fracture of tibia and fibula, it comes to 26% and

photographs produced before the Court are also taken

note of regarding condition of the injured claimant.

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8.

Now

this

Court

has

to

reassess

the

compensation in keeping the medical records available on

record and also period of treatment. The Tribunal has

awarded Rs.50,000/- towards pain, shock and suffering

and having considered the claimant was inpatient in the

hospital on different occasions for three times and also

considering compound fracture of femur, tibia and fibula

and he was subjected to surgery, it is appropriate to

enhance

the

same

to

Rs.75,000/-

as

against

Rs.50,000/-. The Tribunal has awarded Rs.40,000/- on

loss of amenit