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Judgment
The claimant being not satisfied with the compensation awarded to him by the Motor Accidents Claims Tribunal (for short ''the Tribunal''), Kundapur in MVC No.472/1999 dated 23rd February 2005 has preferred this appeal.
In a road traffic accident that occurred on 18-3-1997. the claimant sustained fracture of Type III B open fracture of left tibia with 20 cm x 10 cm wound over middle 1/3 of tibia and fracture of mandible. The Tribunal awarded total compensation of Rs. 1,22,200/- . Being not satisfied with the same, the present appeal is filed.
To show the disability caused to the claimant, the claimant has replied upon the evidence of P.W. 2 Dr.Surendra Shetty who has deposed that the claimant is suffering from 25% to left lower limb and 12.5% to the whole body. We have also seen the judgment of the Tribunal, The Tribunal has awarded compensation on all the heads, except future loss of income. In the circumstances, we are inclined to consider the case of the appellant so far as it relates to not awarding compensation under the head future loss of income. We are also of the view that the compensation awarded on other heads does not call for any interference by this Court.
Considering that the claimant was a maison by profession, his income has to be assessed at Rs. 100/- per day and also considering the functional disability of left lower limb, we would like to assess the same as 10% and future loss of income has to be assessed at Rs. 300/- p.m. and Rs. 3,600/- p.m. by applying the multiplier of 13, the appellant is entitled for a sum of Rs. 46,800/- and the same is rounded of Rs. 47,000/- .
In the result, the appeal is allowed in part. The appellant is entitled for enhanced compensation of Rs. 47,000/- with, interest at the rate of 6% p.a. from the date of petition till the date of payment. Considering the age of the appellant, we direct the Tribunal to release the entire enhanced compensation to him.