SHEENA POOJARY S/O. NARAYANA POOJARY, RESIDENT OF AVARSE, HILIYANA VILLAGE, UDUPI TALUK AND DISTRICT Vs. SRI. H. RAMA NAIK S/O CHANDU POOJARY

JUDGEMENT

(1.) THE claimant being not satisfied with the compensation awarded to him by the Motor Accidents Claims Tribunal (for short 'the Tribunal'), Kundapur in MVC No.472/1999 dated 23rd February 2005 has preferred this appeal.

(2.) IN a road traffic accident that occurred on 18 -3 -1997. the claimant sustained fracture of Type III B open fracture of left tibia with 20 cm x 10 cm wound over middle 1/3 of tibia and fracture of mandible. The Tribunal awarded total compensation of Rs. 1,22,200/ - . Being not satisfied with the same, the present appeal is filed.

(3.) CONSIDERING that the claimant was a maison by profession, his income has to be assessed at Rs. 100/ - per day and also considering the functional disability of left lower limb, we would like to assess the same as 10% and future loss of income has to be assessed at Rs. 300/ - p.m. and Rs. 3,600/ - p.m. by applying the multiplier of 13, the appellant is entitled for a sum of Rs. 46,800/ - and the same is rounded of Rs. 47,000/ - .