SWAMY S/O BASAVARAJU Vs. S P MANJUNATHA

JUDGEMENT

(1.) APPEAL is by the claimant seeking enhancement of the award passed by the Addl. MACT, Tiptur in MVC 339/2004 on 19.10.2010.

(2.) CLAIMANT sustained injuries in the accident on 5.4.2004 while he was walking along with his father on the left side of the road near Ayyana Bavi on NH 206 when the rider of the motorcycle bearing No.KA 13 K 8143 dashed against the claimant due to which claimant sustained fracture of left leg. He was treated initially at Government Hospital, Tiptur and has undergone operation and there is said to be insertion of a steel rod. The Tribunal, after inquiry, having held that the accident was due to the negligence of the rider of the motorcycle, awarded total compensation of Rs.45,000/- on the following heads:

(3.) HAVING regard to the nature of injuries sustained, claimant could be awarded another Rs.10,000/- towards pain and suffering; Rs.5,000/- towards medical expenses; Rs.10,000/-towards diet, conveyance and attendant charges and Rs.25,000/- towards loss of amenities and enjoyment in life. Claimant was said to be doing fruit vending, however, no proof is produced. Taking the notional income, he could be awarded Rs.30,000/- towards loss of future earning due to disability. Thus, claimant would be entitled to Rs.80,000/- over and above what has been awarded by the Tribunal with 6% interest from the date of petition till deposit.