RENUKA G.B. D/O BASAVAPPA Vs. THE MANAGING DIRECTOR B.M.T.C., K.H. ROAD, SHANTINAGAR, BANGALORE - 560027 AND THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., NO. 19-19/1, DO-IV, SOUTH END ROAD, 2ND FLOOR, BASAVANAGUDI ROAD, BANGALORE - 56

JUDGEMENT

(1.) AGGRIEVED by the Judgment and award dated 3 -10 -2008 passed in MVC. No. 4187/2007 on the file of XIX Additional SCJ, MACT, Bangalore, the claimant has preferred this appeal. The case of the claimant is that on 12 -1 -2007 at about 6.40 p.m., on Old Madras Road, Benniganahalli Bus Stop, when the petitioner was travelling in a Mini Bus bearing No. KA -01 -F2730, when he was getting down from the bus, all of a sudden, the driver of bus drove in a rash and negligent manner, as a result of which the petitioner fell down and the wheel of the mini bus ran over his legs due to which he sustained fractures and sustained permanent disabilities. That she was a tailor earning Rs. 6,000/ - per month and she has spent huge sums of money towards medical treatment and thereafter claim Petition was filed wherein by the impugned Judgment and award a sum of Rs. 2,23,000/ - with interest @ 6% per annum was granted from the date of the petition till its realisation. Being dissatisfied with the quantum this appeal is filed seeking enhancement.

(2.) HEARD counsels and examined the records.

(3.) THE Tribunal while considering the income of the claimant has taken the same at the rate of Rs. 100/ - per day. In the case of Sri Ramachandrappa Vs. The Manager, Royal Sundaram Alliance Insurance Company Limited, AIR 2011 SC 2951 , the Hon'ble Supreme Court has taken the income of a daily wager at Rs. 4,500/ - per month for an accident that occurred in the year 2004. In the instant case, the accident is of the year 2007. The claimant is a tailor by profession. She has even produced the Tailoring Certificates vide Ex. P -12 and Ex. P -13 to substantiate the same. Hence, under the given circumstances it would be just and reasonable to take the income at Rs. 4,500/ - as her monthly income. The Doctor in his evidence has stated that she has suffered 30% of the whole body disability which is acceptable. Hence, loss of future earnings is calculated as follows: - Rs. 4,500 x 12 x 18 x 30% = Rs. 2,91,600/ -