MURALI Vs. BHASKAR M.T.

JUDGEMENT

(1.) This appeal is filed under Section 173 (1) of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded by the learned XII Addl.Small Causes Judge, Member, M.A.C.T., Bengaluru, (hereinafter referred to as 'The Tribunal', for short), by judgment and award dated 09.08.2012, passed in MVC No.6934/2010.

(2.) The summary of the case of the claimant in the Tribunal is that on 16.5.2010, at about 12.30 p.m., respondent No.1-Bhaskar, being the driver of a Maruti Swift car bearing registration No.KA-09-P-9380, drove the same in a rash and negligent manner on Doddaballapura-Gowribidanur road and near Makali Durga Forest, coming from a wrong side of the road, he dashed his vehicle against a motorcycle bearing registration No.KA-03-EE-8450, on which the present claimant was a pillion rider. Due to the said accident, the claimant sustained fracture of important bones of both legs and became disabled to pursue his avocation as a Carpenter. Stating that prior to the accident, he was earning a sum of Rs. 9,000/- per month by doing carpenter work and due to the accident, he could not pursue his avocation, he has claimed compensation for a sum of Rs. 7 lakhs from respondents 1 and 2 holding them MFA.No.10994/2012 liable as owner and insurer of the alleged offending vehicle respectively.

(3.) After analysing the evidence and the materials placed before it, the Tribunal has awarded the compensation under the following heads with the sum shown against them: Amount (Rs. ) Pain and agony 30,000-00 Loss of income during laid up period 24,000-00 Loss of earning capacity on account 86,400-00 of functional disability Loss of happiness and future 5,000-00 amenities Medical and incidental expenses 5,000-00 Future medical expenses 12,000-00 Total 1,62,400-00