MOHAMMED ILAHI, S/O SHEQ KHADAR JHAN Vs. THE MANAGING DIRECTOR, KSRTC BHAVAN, K.H. DOUBLE ROAD, SHANTHINAGAR, BANGALORE AND THE MANAGER, UNITED INDIA INSURANCE CO. LTD., SOUTH END ROAD, NEAR SHANTHI TALKIES, 2ND AND 4TH FLOOR, BANGALORE@RESPONDE

JUDGEMENT

(1.) THE case of the claimant is that on 05 -01; -2008 at about 11.45 AM., when he was proceeding along with family members towards his house near Pradeep Junction, Kalasipalya Main Road in Bangalore, a BMTC bus bearing No. KA -01/F - 1759 came from Market Circle in high speed and in a rash and negligent manner and dashed against him, as a result of which, he sustained severe injuries to both of his legs. Immediately, he was shifted to the Victoria hospital for treatment. On a claim Petition being filed under Section );">166 of the Motor Vehicles Act, the Tribunal awarded a sum of Rs. 64,900/ - along with interest. Seeking enhancement of the compensation awarded by the Tribunal, the present appeal is filed. The Tribunal awarded compensation as follows: -

(2.) IT is the contention of the learned counsel for the petitioner that no amount was awarded towards permanent disability or future earning capacity. According to PW.2, the Doctor who treated the petitioner, the disability to limb is to an extent of 36%. So, it is appropriate to hold disability to the whole body to an extent of 12%.

(3.) THE Tribunal has awarded a sum of Rs. 9,000/ - Towards loss of income during the laid up period. The appellant must have required at least a period of 6 months to recover from the injuries sustained. Hence, a sum of Rs. 33,000/ -(Rs. 5,500 x 6) is awarded under the said head.