I IN TIlE HIGH COURT OF K.M?Nj.TAKA CIRCUII.’ BENCH AT GULBARGA DATED Ti05 THE 30k” DAY OF MARCH 2010 BEFORE THE HON’BLE MR. J JSTi(.E AN. YENUGOPALA U . OWDA BE’TWEE SOMU S/ 0 DESU CHAWAN, AGE:37 YEARS, 0CC: AGRICULTURE, R/O. KE•SARAL TANDA -4, TALUK & DISTRIOF BIJAPUR. APPELLANT (BY SRI. BAPUGOULA SIDDAPPA, ADVOCATE) AND 1. BASAYYA 5/0 MADI ALAYYA LADDIMATH, AGE: MAJOR, CCC: OWNER OF VEHICLE R/O. MATHAPATI GALLI, NEAR GACCHINAMATH COLONY, BIJAPUR - 586101. 2. THE MANAGER ORIENTAL INSURANCE CO LTD S S FRONT ROAD HIJAPUR - 586101. RESPONDENTS (BY SMT. SUMITRA H., ADVOCATE FDR R2 & NOTICE TO RI IS DISPENSED WITH) MFA FILED U/S 173(1) OF MV ACP AGAINST THE JUDGMENT AND AWARD DATED:24.0L2009 PASSED IN MVC NO .32 1/2006 ON THE FILE OF MEMBER MACU3, BIJAPUR PARPLY ALLOWING IHE• CLAIM PE’DTION FOR COMPENSATION ANI) SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT This appeal is by the petitioner to award just compensation contending that, the award made by the Tribunal is meager. 2. Heard the learned counsel on both sides and perused the records. 3. Petitioner has deposed as PW. 1. He has produ cccl the vouncl certificate as at Ex.P.4. There is no denial of the accident, on account of the rash and negligent driving of the vehicle, which had been insured by the 2’ respondent. On account of the inconsistency in the evidence of PW2. with reference to the documentary evidence, the Tribunal held that no amount, can be srantcd under the head ‘loss of future income’. However, the Tribunal has granted certain sum under the head ‘loss of amenities’. 4. Considering the nature of injuries, as could be found from the evidence of PWs. 1 & 2 and Ex.P.4 as well as the disability certificate as at Ex.P.6 supported by the Xrav Ilim Ex. P.7. in nw opinion there is fracture of lower end of left fibula. apart from other injuries. The appellant being an agriculturist. vi1l have to do hard work, which he cannot undertake in full measure, on account of the accidental injury. In the circumstance, there is a partial permanent disability at least. to an extent of 1 0% to the whole body. which will reduce the future earning capacity of the appellant by Rs.300/- p.m.. 5. The just compensation. which the appellant is entitled to is as follows 1. Pain & suffering : Rs.20.000/- 2. Medical expenses : Rs. 3.000/— 3. Incidental charges : Rs. 3.000/- 4. Loss of income dunin& laid up period (Rs.3,000X2) : Rs. 6.000/- 5. Loss of future income (Rs.300X12X16) : Rs,57,600/- 6. Loss of amenities : Rs. 5.000/— Total: Rs.94.60)J 4 In the result, the appeal is allowed in part. In modification of the impuned award. the petitioner is held entitled to compensation of Rs.94600/-, as against Rs.4 1 .000/-. The enhanced compensation shall carry interest 6% p.a.. hom the date cf petition till deposit. Sd/ JUDGE INV