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Judgment
Mr. S. Sujatha, J.—The claimant is in appeal challenging the Judgment and award passed by the Motor Accident Claims Tribunal, Bangalore Rural District [the Tribunal'', for short] in MVC No.232/2013 whereby the Tribunal has awarded total compensation of Rs.7,89,800/- under different heads as under:
SI. No.
Particulars
Amount [in Rs.]
1
Pain and sufferings
50,000
2
Medical expenses
2,53,500
3
Loss of earnings during laid up period
35,000
4
Loss of future earning on account of permanent disability
3,71,300
5
Loss of amenities and future unhappiness
40,000
6
Attendant, diet, conveyance and other charges
15,000
7
Award amount on permanent disability
25,000
TOTAL
7,89,800
Heard the learned counsel for the parties and perused the material on record.
The appellant had sustained head injury for brachial plexus, fracture of middle ?rd of left clavivle bone, fracture of left 2nd and 3rd ribs, multiple sutured wound over forehead and left zygoma and tenderness over the left chest, which are grievous in nature. The appellant was admitted and had taken treatment as an inpatient at Shekhar hospital, NIMHANS and Sriram hospital. The Tribunal assessed the permanent functional disability of the claimant to the whole body at 26% considering the assessments made by PW-2 and PW-3 coupled with the wound certificate and other dependable medical records. The said assessment made by the Tribunal is justifiable in the factual background of the case. The monthly income determined at Rs.7,000/- is also reasonable considering the date of accident, i.e. 01.05.2012, the age of the claimant - 28 years, the avocation/occupation of the claimant, i.e. driver. Taking all these aspects into consideration, the Tribunal has awarded a sum of Rs.3,71,300/- towards loss of future earning on account of functional disability. Besides, the Tribunal has also awarded a sum of Rs.25,000/- towards permanent disability. In the given circumstances, the compensation awarded under different heads is just, fair and equitable and does not warrant any interference by this Court.
The appeal stands dismissed as devoid of merits.