BHIMANNA Vs. BALAJI RAMACHANDRA JADHAV

JUDGEMENT

(1.) The claimant is before this Court in this appeal filed under Sec. 173(1) of the Motor Vehicles Act, 1988, seeking enhancement of compensation awarded under judgment and award dated 27.11.2015 in MVC No.298/2013 on the file of the Motor Accident Claims Tribunal No.XII, Vijaypur.

(2.) It is the case of the appellant/claimant that he suffered fracture of right tibia and fibula due to motor accident occurred on 23.10.2012. While he was walking, a motorcycle bearing Reg. No.MH-25/V-3842 came from backside and dashed to the appellant. It is the case of the appellant that he was aged about 30 years at the time of accident and he was earning Rs.9,000.00 per month by doing coolie work.

(3.) Learned counsel for the appellant/claimant contends that the Tribunal has taken income of the appellant at Rs.5,000.00 per month, which is erroneous and he contends that the Tribunal ought to have taken minimum of Rs.6,500.00 per month as income of the appellant for the accident of the year 2012. He further submits that the Tribunal has not awarded any amount on the head of 'loss of amenities', where the appellant is entitled for minimum of Rs.20,000.00.