r IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 28TH DAY OF NOVEMBER 2011 BEFORE THE HON’BLE MRJUSTICE KGOVINDARAJULU MFA. No,21162 OF 2011 [MV] BETWEEN: D DHANUNJAYA S/O D RAVI DAS AGE: 21 YEARS, 0CC: EXTAIL0R. RIO. JRS COLONY, RAYADURGATQ, NOW R/O: COWL BAZAR, BELLARY, DIST: BELLARY. APPELLANT (BY SR1.MNJUNATH C. PATIO ADV,,’ AND: I SRI. K LOKESHWARA REDDY 8/0 YALLA REDDY OWNER OF THE ETCHER VAJN REQ. NO. 01 /B3275, R/O: NO19322, RANI NAGAR, ANANTHAPURA. AR 2. THE BRANCH MANAGER “! S REL\CF’ CE\ERAL COMPANY LIMITED, MAIN ROAD, PARVATHI NAGAR, BELLARY. RESPONDENTS (BY SRI. NAGARAJ C. KOLLORI FOR R2) MFA FIlLED U/SEC.173(1) OF THE MOTOR VEHICLE A.C.T, AGAINST THE JUDGMENT AND AWARD 11.2010 PASSED IN MVC NO.725/2009 ON THE FILE OF THE III MOTOR ACCIDENT CLAIMS TRIBUNAL AT BELLRI FARTL\ ALLUTNG THE CLAIM PETTICY\ )R COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR ADMISSION THIS DAY. THE COURT DELIVERED THE FOLLOWING: JUDGMENT The case of the claimart in MVC No.725,/2009 is that on 28.0L2009 the petitioner alongwith Pothulaiah were moving in a bicycle towards market, then the driver of the Richer van lLearing registration No.KA0 1 B3275 has dashed against the petitioner. It resulted in accident. So for the pain sufferings and agony seek for CUIfleJSdJOfl. 3 2. Insurance Company has filed objections, deny the accident pleaded by the claimant, contend that the claim is exaggerated, plead for dismissal of the claim application. 3. The learned Member of the Tribunal while recording the evidence has marked Exs.P1 to P8. PW1, PW2 are examined. In response RWs.1 and 2 are examined. Exs.R1 to R3 are marked. Learned Member of the Tribunal has awarded a sum of Rs.91,760/-. 4. The learned advocate for the claimant in this appeal contend that the disability of the petitioner as the one claimed is proved. The learned Member of the Tribunal has assessed the disability at 10% but accident is of the year 2009. So taldng the earning of the injured / driver at Rs.3,600/- p.m., is on the lower side. So seek for assessing the income of the injured atleast to Rs.5,000/- to Rs.6,000/- per month. So pray 4, for enhancing the compensation under the head of loss of cairning capacity, Also subn. it that the e.omper.sation aw‘ai.ded un.der the head of pain and sufferings, medical expenses, nourishment charges is on the lower side. So seek for enhancement. 5. The learned advocate SrLNagaraj C. Koilur submit that the learned Member of the Tribunal has considered all the aspects of the ease and then given a finding. So pray for dismissal of the appeal. 6. Carefully considered the material placed on record. Accident is of the year 2009. No documents are produced in regard to the earning of the injured but his occupation is tailor, it is not disputed. So assessing the income T Rs,;3,600 per month requires interference. So the Court assesses the. income: rf the trailer as skilled labour (2 Rs,4,500 / Takin.g I 0% of the said earning it becomes Rs450/asl2=Rs5,400xl8= Rs,972OO Rs77,76O/ (awarded by the Tribunai) the difference would be Rs19,44O/ Further, under the head of pain and sufferings a further sum of Rs.5,OOO/ is awarded. Similarly under the head of Medical Education in addition to Rs. 1 ,OOQ/- further sum of Rs.4,000/- is awarded, Under the head of Nourishment and attendant expenses in addition to Rs3,OOO/ further sum of Rs,5,OOO/ is awarded. A sum of Rs.1O,OOO/ is awarded under the head of Loss of Amenities. The enhanced amount of Rs43,44O/ shall carry interest at the rate of 6% The appeal is allowed accordingly. lnsurance company to deposit in two months. ici•j itit1