V MALLESH Vs. B G HARIPRASAD; ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) The appellant is aggrieved by the judgment and award passed by the Principal M.A.C.T. and Chief Judge, Court of Small Causes, Bangalore ('the Tribunal' for brevity), on his file in M.V.C.No.8689/2010 dated 29.2.2012, whereby compensation of Rs.1,21,286/- is awarded with interest @ 6% per annum in his favour.

(2.) Briefly stated, the appellant/claimant filed a claim petition under Section 166 of the Motor Vehicles Act seeking compensation of Rs.5 lakhs from the respondents. His case was, on 5.11.2010 while proceeding on a motor cycle bearing registration No.KA3 05/K-7766 as a pillion rider, the rider of the motor cycle while almost crossed the junction at N.R.Colony, 4th Main, 9th Cross, Bangalore, at that time, the offending vehicle/motor cycle bearing registration No.KA-05/EW- 90 came in a rash and negligent manner and dashed against the motor cycle. Due to the impact, both rider and pillion rider fell down; the claimant sustained compound fracture of both bones of the right leg. He was treated as inpatient in the private hospital from 5.11.2010 to 8.11.2010. He was working as a driver earning Rs.6,000/- per month.

(3.) Sri.A.S.Girish, learned Counsel appearing for the appellant/claimant submits, that the appellant having suffered the fracture of both bones of right leg underwent surgery and suffered permanent disability at 11.09%, the amount awarded towards loss of earning during laid up period at Rs.12,000/- by assuming his monthly income at Rs.4,000/- for a period of three months is totally erroneous and misconceived. In fact, his employer had given employment certificate mentioning that he was paying a salary of Rs.6,000/- per month with bata of Rs.100/- per day, which fact is ignored by the Tribunal. In proof of his profession, he had produced the copy of driving licence/Ex.P7 to show that he held licence to drive LMV Cab. While calculating the loss of future income, since his income is taken at Rs.4,000/- per month and percentage of disability at 10%, that has substantially reduced the compensation amount. Hence, the judgment and award may be re-assessed by enhancing the compensation by just and reasonable amount.