Judgment · High Court

28.10.2010. On 3.4.2008, around 2.50 p.m. when the claimant along with his friend was riding TVS Victor bearing No.KA 46 E 2121 near Hanubalu Hobli, the driver of the KSRTC bus bearing No.KA 13 F 1169 came in a rash and negligent manner and dashed to the claimant due to which claimant sustained grievous injuries all over the body. In the claim petition filed, Tribunal having held that the accident was due to the negligence on the part of the driver of the KSRTC bus, awarded a total compensation of Rs.1,30,800/- on the following heads:: Medical Expenses Rs.23,000/- Pain & suffering Rs.30,000/- Loss of future earnings Rs.64,800/- Loss of amenities Rs.15,000/- Conveyance & Nourishment Rs.5,000/- Loss of earnings during treatment Rs.3,000/- 3 Not satisfied with the quantum of compensation, claimant is before this Court. Heard the counsel representing the parties. Claimant has sustained swelling and abrasion over the right wrist and tenderness over the right knee and cut wound on the right frontal region. As per the claimant, he was treated at Tejaswini Hospital and Crawford Hospital. The disability is assessed at 15% to the upper limb and 21% to the right lower limb. The disability is taken at 12% to the whole body by the Tribunal and has awarded Rs.64,000/- by taking income at Rs.13,000/-. According to the learned counsel, appellant is an income tax payee and income has to be taken on the higher side and he is the proprietor of Earth Movers. 4 On the head loss of future earning, claimant would not be entitled for any enhancement much less, any award on that head. Be that as it may, claimant could be awarded another Rs.10,000/- over and above what has been awarded by the Tribunal with 6% interest from the date of petition till deposit which would be towards pain and suffering and also towards loss of amenities. Insurer to deposit the amount in three months. Appeal is allowed in part. An Sd/- Judge