JUDGMENT :

J.B. PARDIWALA, J.

1. Leave granted.

2. This appeal has been filed against the impugned final judgment and order dated 25th of April, 2018 passed by the High Court of Karnataka (Dharwad Bench) in Shri Sidram S/o Raju Bhosale vs. Shri Siddu Mahadev Bhosale and Another urging various legal grounds and contentions for further enhancement of compensation in the case of a motor accident involving the appellant-claimant herein whereby the High Court enhanced the compensation awarded by the Motor Accidents Claims Tribunal, Belgaum (for short ‘Tribunal’) by Rs. 3,13,800/- to a total of Rs. 9,26,800/-. The Tribunal had awarded compensation of Rs. 6,13,000/- under the various heads along with interest at the rate of 6% per annum from the date of filing of the petition till the date of realisation of payment.

3. The briefs facts of the case are given herein-under. The appellant-claimant suffered grievous injuries in a road accident that occurred on 18.07.2012, while he was walking on the left side of the Kulgod-Gokak road. While the claimant was near the Laxmeshwar crossing, a goods vehicle bearing Registration No. KA-23/9426, being driven in a rash and negligent manner banged into the appellant-claimant. The appellant-claimant was shifted to a hospital and was treated as an indoor patient from 18.07.2012 till 06.08.2012. On account of the accident, the appellant-claimant suffered permanent disability to the extent of 45%. The appellant-claimant suffered from paraplegia due to the accident. The appellant-claimant was in the business of selling utensils in different villages of the district.

4. The appellant-claimant filed a claim petition before the First Additional Senior Civil Division Judge and MACT, Belgaum at Belgaum which was registered as the M.V.C. No. 1786 of 2012. Before the Tribunal, the appellant-claimant examined himself (PW-1) and also examined Dr. Anil B. Patil as PW-2 in respect of his claim and various other documents were taken on record as evidence.

5. The Tribunal held that the accident took place due to the rash and negligent driving of the offending vehicle as a result of which, the appellant sustained injuries and was awarded pecuniary as well as non-pecuniary damages. The Tribunal held that the appellant was entitled to the compensation as under:

6. Aggrieved by the order of the Tribunal, the appellant filed an appeal in the High Court praying for enhancement of the compensation on the ground that the Tribunal ought to have awarded enhanced compensation on the basis of the evidence adduced. The contentions of the appellant will be taken up in detail at a later stage.

7. The High Court enhanced the compensation to Rs. 9,26,800/-. The High Court in its impugned order held:

“9. The Tribunal has taken the income of the claimant at Rs. 5,000/- which is on the lower sipe. The accident is of the year 2012 and the notional income of the claimant could be taken at Rs. 7,000/- per month considering the nature of business carried on by him.

10. Thus, the claimant would be entitled to compensation under the head of loss of future earning as follows:

Rs. 7,000/- x 12 x 18 x 40% = Rs. 6,04,800/-

11. The compensation awarded under the head of pain and suffering, medical expenses, conveyance, special diet, etc. loss of amenities in life and marriage prospects is just and proper and same is not disturbed. The claimant who suffered grievous injury would have suffered loss of earning during the laid up. The comp