WASIM AKRAM Vs. SANTOSH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by the claimant-appellant is directed against the final judgment and order dtd. 10/9/2024 passed by the High Court of Karnataka, Circuit Bench at Dharwad, in Miscellaneous First Appeal No. 102507 of 2018. By the said order, the High Court partly allowed the appeal filed by the appellant, enhancing the compensation from Rs.35,48,950.00 (as awarded by the Motor Accident Claims Tribunal) to Rs.53,55,650.00. Still aggrieved by the quantum of enhancement and the adoption of a low notional income, the appellant has approached this Court under Article 136 of the Constitution of India.

(3.) It is undisputed that on 21/9/2015, at approximately 08:10 P.M., the appellant, Wasim Akram, was travelling as the rider of a motorcycle (Registration No. KA-47/K-0457) with a pillion rider near Jewel Park Hotel at Hemmady Village. At that juncture, a bus (Registration No. KA-19/C-6259), belonging to Respondent No. 1 and insured with Respondent No. 2, was driven in a highly rash and negligent manner on the wrong side of the road and collided head-on with the motorcycle. The impact of the collision was so severe that it resulted in life-altering catastrophic injuries to the appellant. As per the medical records and the deposition of Dr. Ashwath Acharya (PW-4), the appellant sustained: