BASAVARAJ Vs. SAMEERULLAKHAN

JUDGEMENT

(1.) This miscellaneous first appeal is filed by the appellant who was the claimant before the Tribunal in MVC No.254/2016, seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, at Raichur.

(2.) The admitted facts are that the appellant while travelling on his motorcycle bearing No.KA-36/V- 3506, towards Bagalawad, on 10.02.2016 to see his daughter, met with a motor vehicle accident at about 9.00 p.m. The Tribunal has found that the accident was caused by the rash and negligent driving of a lorry bearing No.KA-36/5977. The appellant suffered serious injuries on his body and as a consequence of which his right leg had to be amputated. The appellant also suffered fracture of the right forearm, right zygomatic arch, right orbit middle 1/3rd of tibia, right ulna, right femur and other injuries over the head and also other parts of the body. The appellant was shifted to the Government Hospital, Sirawar and thereafter shifted to Raichur Institute of Medical Sciences, Raichur. The appellant was treated as an inpatient and underwent surgeries, including amputation of the right leg up to knee. The appellant claims that he was working as a mason and agriculturist. Since the appellant was not able to produce any documentary proof of permanent source of income, the Tribunal has taken Rs.6,000/- as the notional income and proceeded to award a sum of Rs.10,40,400/- towards loss of future earning on account of disability suffered to the extent of 85% to the whole body. The Tribunal has awarded in all, a sum of Rs.14,36,400/-.

(3.) Learned counsel for the appellant submits that the notional income at Rs.6,000/- per month taken by the Tribunal is on the lesser side and therefore seeks enhancement in this regard. Further, the learned counsel submits that the Tribunal has not awarded anything towards amenities and towards future prospects.