SHIVABASAPPA Vs. AHMADSAB H. FANIBAND

JUDGEMENT

(1.) Aggrieved by the judgment and award dated 16.5.2011, passed by the Prl. Civil Judge (Sr.Dn.) and Addl. MACT, Hubli, in MVC No. 167/2011, the claimant has Hied this appeal seeking enhancement.

(2.) The accident and liability are admitted. The claimant is the injured. The evidence on record would indicate that his salary was Rs. 5,161.00 and after deducting Rs. 100.00towards professional tax, the same was held to be Rs. 5,061.00 rounded off to Rs. 5,000.00per month. We do not find any logic of the tribunal in rounding off the figure to a lesser figure which would be detrimental to the claimant. If at all the figure has to be rounded off, it should be in favour of the claimant and not against his interest. Therefore in view of the admitted position, we will take his income as it is, namely, at a sum of Rs. 5,061.00per month. The percentage of disability as held by the doctor is not questioned and would remain at 8%. The multiplier of 15 as adopted is proper. Therefore his loss of future income arrived at is as follows:

(3.) In view of the injuries sustained, the sum of Rs. 40,000.00 awarded towards pain and agony is on the lower side. It stands enhanced to Rs. 60,000.00. The amount of Rs. 29,650.00 awarded towards medical expenses is in terms of the bill and is therefore undisturbed. A sum of Rs. 5,000.00 in addition is awarded towards attendant charges (Rs. 5,000.00 is awarded by the tribunal). Towards future unhappiness, the same is enhanced by a further sum of Rs. 10,000.00 Rs. 20,000.00 is awarded by the tribunal). A sum of Rs. 15,000.00 is awarded towards litigation expenses.