BASAVANNEPPA Vs. ULAVAPPA

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 6th November, 2009 in MVC No. 3145 of 2008 passed by the MACT at Bailhongal. In a motor accident on 7-12-2008, the appellant sustained injuries. On the date of the accident, appellant was aged about 40 years and he was an agriculturist. The medical evidence on record discloses that appellant suffered disability to several parts of the body, in all, amounting to 55% disability. The Tribunal had taken only 15% disability to the whole body. Even the income taken by the Tribunal at Rs. 3,000/- per month is on lower side. By considering the evidence on record, the Tribunal awarded a compensation of Rs. 1,60,830/- under the following heads:

(2.) The first grievance of the appellant is that the compensation awarded under the head 'loss of future earning' at Rs. 86,400/- is on the lower side. On the date of the accident, appellant was aged about 40 years. The proper multiplier is '15'. The medical evidence on record discloses that appellant suffered disability to several parts of the body, in all, amounting to 55% disability. The Tribunal had taken 15% disability to the whole body. The settled position of law is that a minimum of 1/3rd is to be taken as disability to the whole body. In that event, 18% disability to the whole body is to be taken. On the date of the accident on 7-12-2008, the appellant was doing agriculture. In support of this contention, appellant produced the RTC extracts as per Ex. P.13. A minimum of Rs. 4,000/- is to be taken as monthly income of the appellant. Therefore, the appellant is entitled for compensation under the head "loss of earning capacity" as under: