LOKESH ALIAS LOLESH Vs. RAVI,

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the impugned judgment and award dated 29.12.2010 passed in MVC No.184/2009 on the file of the Sr.Civil Judge & JMFC, MACT, Arasikere (hereinafter referred to as 'Tribunal' for short).

(2.) BY its judgment and award, the Tribunal has awarded a sum of Rs.2,95,000/ - with interest at 6% p.a., from the date of petition till its realization as against the claim made by the appellant, on account of the injuries sustained by him in the road traffic accident.

(3.) IT is case of the appellant that, he was aged about 38 years as on the date of accident, hale and healthy prior to the accident and was an agriculturist apart from doing business. On 16.07.2009 at about 7.00 p.m. when the appellant was waiting for a bus near Gandasi Handpost to go to Aladahalli, at that time, an Auto bearing Reg.No.KA -13 -A -5358 driven by its driver in a rash and negligent manner came and dashed against the appellant. Due to the impact, the appellant suffered fracture of right femur, abrasion over the right fore -arm and other injuries over the body. Immediately he was shifted to Government Hospital, Arasikere and later he was taken to Chamarajendra Hospital, Hassan where he was admitted as in -patient for a period of one and a half months and also underwent surgery. The Doctor who has treated the claimant has assessed the permanent disability at 50%. The appellant -claimant has urged that the Tribunal has erred in awarding only Rs.5,000/ - under the head, pain and suffering for one grievous injury suffered by the appellant. Further it is stated that, on account of accident, the appellant has suffered injuries which have rendered him unfit to carry out any labour or manual work. Further, it is the grievance of the appellant that, the Tribunal has erred in taking the income of the appellant at only Rs.3,000/ -p.m. with regard to his avocation as businessman and agriculture. Having regard to the year of the accident i.e. 2009, the Tribunal ought to have atleast taken Rs.4,500/ - as monthly income while determining the compensation under the head loss of future income. Thus, he prays for enhancement of compensation.