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Judgment
B. Manohar, J.—Appellant is the claimant, being unsatisfied with the quantum of compensation awarded in MVC No. 2307/2009, dated 18.08.2010 by the Motor Accidents Claims Tribunal, Belgaum (for short ''the Tribunal'') filed this appeal seeking for enhancement of compensation. In the claim petition, it was contended that on 04.04.2009 at about 8.00 p.m. the claimant was proceeding in a motor bike as a pillion rider. When they reached Shindoli road, a Hero Honda Motor bike bearing registration No. KA-22/S-326 came in a rash and negligent manner and dashed against the Motor bike in which the claimant was travelling. As a result of which, the claimant has sustained grievous injuries and he was admitted to the private hospital, Belgaum wherein he had taken '' treatment as inpatient for a period of 7 days. In the accident he has sustained comminuted fracture of tibia and fibula and fracture of patila. He was aged about 23 years, working as the mason and earning sum of Rs. 6,000/- p.m., due to the accident, he has sustained permanent disability and sought for compensation of Rs. 12,00,000/-.
The respondents entered appearance. The first respondent filed objections admitting the accident and denied that the accident has occurred due to rash and negligent act of the rider of the offending vehicle. Further contended that the vehicle in question was insured with the second respondent. Hence, sought for dismissal of the claim petition as against the first respondent.
The second respondent-Insurer filed objections admitting the accident however denied that the accident has occurred due to the rash and negligent act of the rider of the motor cycle bearing No. KA-22/ER-1517. They have also contended that the claim petition is bad for nonjoinder of necessary parties. The rider of the motor cycle did not possess the valid and effective driving license at the time of accident. Hence, sought for dismissal of the claim petition.
The Tribunal after considering the oral and documentary evidence adduced by the parties and also taking into consideration the injury he has sustained and sufferings he has under gone awarded sum of Rs. 2,19,800/- with interest at 9% p.a. from the date of petition till realization. The claimant, being unsatisfied with the quantum of compensation awarded by the Tribunal, has filed this appeal.
Sri. Vitthal S. Teli, learned Counsel appearing for the appellant contended that judgment and award passed by the Tribunal is contrary to law. The compensation. awarded towards loss of future earnings, taking into consideration income of Rs. 3,000/- p.m. is on the lower side. The claimant is a Mason by- profession and earns more than Rs. 5,000/- p.m., the Tribunal ought to have taken the income at Rs 5,000/- p.m. Hence, sought for enhancement of the compensation.
On the other hand, Sri. Laxman B. Mannoddar, learned Counsel appearing for the second respondent-Insurer argued in support of the judgment and award passed by the Tribunal and contended that just and fair compensation is awarded for the injury sustained and for sufferings he has undergone and sought for dismissal of the claim petition.
I have carefully considered the arguments addressed by the parties, perused the impugned judgment and award and the oral and documentary evidence adduced by the parties. The records clearly disclose that the claimant sustained injuries in the road traffic accident occurred on 04.04.2009 and sustained fracture of tibia and fibula and fracture of patila. He was a mason by profession. The income of Rs. 3,000/- p.m. taken by the Tribunal is on the lower side. Even the daily wagers would earn more than Rs. 3,000/- p.m. during the year 2009. Hence income of the claimant is to be taken at Rs. 4,500/- p.m. Taking into consideration the disability at 15% and applying appropriate multiplier of 18, the claimant is entitled for the loss of future earning at Rs. 1,45,018/- as against Rs. 91,800/- awarded by the Tribunal. Hence the claimant is entitled for enhanced compensation of Rs. 54,000/- with interest at 9% from the date of claim petition till the date of realization. Accordingly, I pass the following:
ORDER
The Appeal is allowed in part. The claimant is entitled for enhanced compensation of Rs. 54,000/- with interest at the rate 9% p.a. from the date of petition till realization.