NAGAPPA Vs. SAJAT ALI AND ORS.

JUDGEMENT

(1.) DISSATISFIED with the quantum of compensation awarded by the tribunal, this appeal is preferred by the claimant.

(2.) ON 30.6.2010, the appellant -claimant was proceeding from Wadi to Jewargi on motor cycle bearing No. KA. 32/L -4061 on the left side of the road at about 11.30 p.m. When he was near Dadapeer Darga of Tonasalli village, another Hero Honda motor cycle bearing No. KA.32/V -1039 came from opposite direction in rash and negligent manner and dashed against the motor cycle wherein the claimant was proceeding, as a result of the impact, the claimant fell down and sustained grievous injury, for which, he was treated in Basaveshwar Hospital, Gulbarga and thereafter at Dr. P.G. Shah Hospital, Gulbarga, wherein he was treated as inpatient from 9.10.2010 to 20.11.2010. It is stated that he was working as driver. On account of injuries, he lost his income and even after proper treatment, he suffered disability. He filed claim petition claiming compensation under Section 166 of the M.V. Act. The claim petition was opposed by the Insurer of the offending vehicle. It came up for consideration before the tribunal. The tribunal on appreciation of evidence recorded a finding that the accident occurred on account of negligence of the rider of the motor cycle bearing KA.32/V -1039. The tribunal by taking the income of the claimant as Rs. 3,000/ - p.m. and disability at 20% of the whole body, awarded Rs. 1,29,600/ - towards 'loss of future income due to disability', which according to the claimant is on the lower side. It is contended that the compensation awarded under other heads is also on the lower side and that it requires to be enhanced considerably.

(3.) ON hearing the learned counsel and on perusal of the entire records, the point that would arise for my consideration is: -