R. SHANTHA MURTHY S/O. RANGACHARI Vs. THE DIVISIONAL CONTROLLER KSRTC., CHICKBALLAPUR DISTRICT OFFICE: DIVISIONAL CONTROLLER CSI HOSPITAL ROAD, CHICKABALLAPUR TOWN CHICKBALLAPUR TALUK

JUDGEMENT

(1.) ON 30.1.2008, appellant sustained grievous injury in a road traffic accident. A claim petition filed under Section );">166 to the Motor Vehicles Act, 1988, against the respondent was allowed in part. The award passed by the MACT has not been questioned by the respondent. This appeal by the claimant is for enhancement of compensation. Appellant is working as Head Master in a Government: Primary School, drawing salary of Rs. 13,887/ -, as is evident from Ex. P14. The injury sustained was fracture of tibia and fibula. Though PW. 2 has opined that there is permanent disability suffered to an extent of 31% in respect of the lower limb and 12% in relation to the whole body, there is no functional disability suffered since the appellant continues to draw the salary and allowances which he was drawing prior to the date of occurrence of the accident. There is just and reasonable award by the MACT under the heads, pain and suffering, medical expenses, toss of future earning during treatment and rest period and future medical expenses.

(2.) HOWEVER , the award under the head, loss of amenities, at Rs. 20,000/ - is not reasonable, keeping in view the fact that the appellant, aged about 42 years will have to suffer in future as well. In the circumstances, impugned Judgment and Award is modified and the compensation payable stands determined at Rs. 1,40,000/ -, 'as against Rs. 1,26,450/ -'. The award amount shall carry interest at 6% p.a. from the date of filing of the petition till the date of deposit. Respondents are granted 2 months time to deposit the balance amount in MACT.