MD. ARIF Vs. P. KAMALLAL AND ORS.

JUDGEMENT

(1.) This appeal is directed against the judgment and award passed by the Motor Accident Claims Tribunal, Bidar in MVC No. 594/2011.

(2.) Briefly stated the facts are;

(3.) Learned counsel appearing for the appellant would contend that the appellant has sustained grievous injuries due to the motor vehicle accident and is crippled for the entire life. It is contended that the injured has undergone four major surgeries and his right limb above knee is amputed. P.W. 2/the doctor has adduced evidence assessing permanent disability of the injured at 100%. The Tribunal without any valid basis, ignored the crucial evidence of the doctor and assessed the permanent disability of the injured at 50% contrary to the evidence on record. It is also contended that the Tribunal has determined the monthly income of the injured at Rs. 3,000/ - which is grossly on a lower side. It is further contended that the Tribunal failed to appreciate the grievous injuries sustained by the appellant more particularly, the inconvenience and discomfort which he is required to face for the rest of his life. Even, pain and suffering undergone by the injured during the period of treatment and the post -treatment period is not considered by the Tribunal. Accordingly, he seeks for awarding of compensation under the different heads viz., pain and suffering, loss of amenities, expenses incurred during hospitalization period and loss of income during the hospitalization and the laid up period.