SNEHA Vs. BASAVARAJ; DIVISIONAL MANAGER

JUDGEMENT

(1.) This appeal by the claimant is directed against the judgment and award in M.V.C.No.1173/2013 dated 16.09.2014 on the file of I Addl. Senior Civil Judge and Addl. M.A.C.T., Belgavi.

(2.) The claimant had sustained injuries in a motor vehicle accident occurred on 07.03.2013. She filed a claim petition seeking compensation in a total sum of Rs.30,00,000/- towards compensation for the injuries sustained by her in the accident. The respondents have opposed the claim petition by filing the objections. On the basis of the pleadings of the parties, the Tribunal framed the relevant issues. The claimant was examined as PW-1 and the Doctor was examined as PW-3.

(3.) The contention of the learned counsel for the appellant/claimant is that the claimant was a law student. In addition to that, she was giving tuitions and earning more than Rs.10,000/- per month. The Court below has taken her income notionally at Rs.15,000/- per annum for the purpose of computation of loss of future earning capacity. It is further contended that the Doctor has opined that the claimant has sustained 45% permanent disability to the whole body. However, the Court below has taken the permanent disability only at 11% to the whole body. She was hospitalised for 25 days. The Court below has awarded only a sum of Rs.10,000/- towards pain and suffering and Rs.5,000/- towards loss of amenities. No compensation has been awarded towards loss of future prospects and towards loss of income during the period of treatment. Proper compensation has also not been awarded towards food, nourishment etc.