KUTUB Vs. PANDURANG ANKUSH MOTE AND OTHERS

JUDGEMENT

(1.) Claimant-Injured dissatisfied with the quantum of compensation by Judgment and award dated 22-10-2013 in MVC 81/2012 of the Motor Accident Claims Tribunal (for short MACT) No. IV, Bijapur has presented this appeal for higher compensation.

(2.) In the accident that occurred on 3-8-2011 involving a motor vehicle petitioner sustained the following injuries :

(3.) In the claim petition filed before MACT invoking section 166 of Motor Vehicles Act, 1988, petitioner claimed compensation of Rs. 30,90,000/-. In the trial before MACT one Dr. Shantappa S. Nagathan was examined as PW-2 in support of the claim of the claimant that he suffered from permanent disability of 25% to 30% to left lower limb and 45%-50% to right lower limb. The MACT declined to accept the evidence of PW-2 as credible evidence since he is not the Doctor who treated the claimant for the injuries and therefore reckoned 20% whole body disability by methof of calculation that disability to both the limbs together is 70% and 1/3rd of the same is the whole body disability. Reckoning 14,500/- as monthly income of claimant since there was no material whatsoever placed before MACT, in support of the same, and applying 20% disability, arriving at Rs. 900/- as the future monthly loss of income and to the annual loss was applied multiplier 16 for age 32 of the appellant to arrive at Rs. 1,72,800/- towards loss of future income. To that was added Rs. 13,500/- towards loss of income during laid up period; Rs. 25,000/- towards pain and suffering; Rs. 15,000/- towards loss of amenities; Rs. 15,000/- towards attendant charges, nourishment and conveyance and Rs. 20,000/- towards future medical expenses, in addition to Rs. 1,45,600/- towards medical bills in all totaling to Rs. 4,06,900/- with interest at 6% p.a. by Judgment and award impugned.