RUDRAPPA Vs. V.KRISHANAPPA

JUDGEMENT

(1.) The appellant is the claimant in MVC No.580/2016 on the file of the Senior Civil Judge and MACT, Chincholi (for short, 'the Tribunal'). The appellant is aggrieved by the Tribunal's judgment and award dtd. 7/4/2018, and the Tribunal has awarded a total sum of Rs.1,04,200.00 as compensation with interest at the rate of 6% per annum under the following heads:

(2.) Sri Harish, the learned counsel who appears for Sri Harshavardhan R. Malipatil who is on record for the appellant, and Sri Sudarshan M., the learned counsel for the contesting respondent viz., the Insurer of the offending vehicle - Tempo Traveler bearing Reg.No.KA-05- AC-5346 are heard for final disposal of the appeal in the light of the appellant's limited ground that the Tribunal has not granted any amount towards future disability.

(3.) It is seen from the records that the appellant suffered fracture of right clavicle in a road accident on 14/10/2015 when he was traveling with another in an auto rickshaw. The appellant, to sustain the claim of compensation under the head of loss of income due to disability, has relied upon the Disability Certificate [Ex.P-11] and according to this Disability Certificate, the appellant has permanent disability of 30% of the whole body. The Tribunal has not accepted this Certificate primarily for reasons such as that the doctor who has treated the appellant is not examined and that the appellant, who was aged 24 years as of the date of the accident, was working as a Quality Engineer. The Tribunal has opined that in the absence of the evidence of the doctor who has treated the appellant, it cannot be opined that there is any permanent disability.