K.V. RUDRASWAMY ALIAS RUDRESH Vs. B.K. DINESH, G.C. SHIVAMURTHY AND THE MANAGER, UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the judgment and award in MVC No. 871/2006 dated 24.09.2008 on the file of the I Addl. Civil Judge (Sr.Dn.) and III Addl. MACT at Davanagere, whereby the Tribunal has awarded total compensation of Rs. 2,06,800/ - with interest at 6% p.a. from the date of the petition till the date of deposit. Learned counsel for the appellant/claimant submits that the claimant had sustained grievous injuries in the accident. He took treatment from the Government hospital at Channagiri. Then he was admitted to Bapuji Hospital, Davanagere. Thereafter he was referred to Kasthurba Hospital, Manipal. He was hospitalized for 66 days,. He was working as a bus agent and earning more than Rs. 6,000/ - per month. However, the Tribunal has taken his income at Rs. 3,000/ - per month. It is argued that he has spent substantial amount towards medical expenses. Even after the disposal of the case, he has taken treatment at Kasthurba Hospital, Manipal. The Doctor at KMC had opined that the claimant had to under go surgeries and he requires Rs. 1,00,000/ - to 1,50,000/ - towards medical expenses. It is further contended that the Tribunal has not awarded appropriate compensation towards loss of amenities, loss of earning during the laid up period and also towards conveyance, nourishment, etc.

(2.) ON the other hand, learned advocate appearing for the respondent -insurance company has sought to justify the impugned judgment and award. It is further submitted that the claimant is not entitled for any amount towards future medical expenses.

(3.) THE accident had occurred on 7.11.2005. It is clear that the claimant was working as bus agent. He was aged about 22 years. Though, he contends that he was earning Rs. 8,000/ - per month, he has not produced any documents in support of the said contention. Therefore, it is just and proper to notionally fix his income at Rs. 4,000/ - per month. The Doctor in his evidence has stated that the claimant had sustained 55% permanent disability to the whole body. The Tribunal has taken 15% permanent disability to the whole body. I am of the view that it is just and appropriate to assess 18% permanent disability to the whole body. By taking his income at Rs. 4,000/ - with application of multiplier 18 and 18% permanent disability, the compensation payable towards loss of future earning comes to Rs. 1,55,520/ -.