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Judgment
K. Govindarajulu, J.—The claimant in MVC 1932/2006 on the file of MACT Shimoga is the Appellant,
2., Facts necessary for the consideration of the present appeal are as under:
The claim of the claimant is that on 17.1.1998 at about 8.45 pm, he was proceeding as pedestrian on by-pass road at Shimoga. The driver of the Tractor-Trailer bearing registration No. KA-.14/M-1125-1126 has driven rashly, negligently and dashed against the Petitioner, it resulted in road traffic accident. So, prays for compensation of Rs. 7,50,000/-.
Objections are filed, denied the claim, pleaded for the proof of the accident, contend that the claim is exaggerated.
Learned member of the Tribunal has framed issues, recorded evidence.P Ws and 2 are examined, Exs. P1 to P207 are marked.
Learned member of the Tribunal while appreciating the evidence has awarded the compensation of Rs. 75,000/ -.
Learned, advocate for the claimant submits that it is the case wherein there is a disability, The doctor has stated that the claimant has sustained 25% disability to the whole ''body, But the said. disability is not taken into consideration by the learned member of the Tribunal He farther submits that Tribunal has not awarded the compensation under the head loss of earning capacity. He also submits that the Court below ought to have awarded the compensation, under the head future medical expenses. So, prays for enhancement of compensation.
Learned Advocate for insurance Company supports the reasoning of the learned member of the Tribunal, prays for dismissal of the; appeal.
Carefully considered the material submissions. Accident, actionable negligence are not disputed. Finding has to be given as to the quantum alone.
In the evidence of PW2 - Dr. Palakshappa, he states that on account of accident, claimant has sustained disability to an extent of 25% to the whole body. Nothing is elicited to disbelieve the version of the doctor. Learned member of the Tribunal has rejected the evidence of doctor on the ground that the said disability is negligible and there is a chance of recovery. This method is not opt. So, it is set aside.
The claimant being the student, the notional income at Rs. 10,000/ - per year is adopted and the age of the claimant is ''19'' years, multiplier applicable in his age group is ''18''. 25% of 10,000/- 2,500/- 2,500/- X 18 = 45,000/-. Hence, the same is awarded under the head loss of earning capacity.
In addition to it a sum of Rs. 20,000/- is awarded under the head future medical expenses.
Accordingly appeal is allowed in part. So, the claimant is entitled for additional compensation of Rs. 65,000/- with interest at 6% per annum from the date of application till deposit. Entire amount be invested in fixed deposit: initially for a period of 4 years, authorizing the claimant to drawn interest at an interval of 3 months.