- (1.) Leave granted. As a consequence of a collision between an oil tanker and a bus belonging to the appellant-the State Road Transport corporation-respondent No. 1, Mallikarjun sanganabasappa Shettar had a fracture on his right wrist. He claimed compensation before the Motor Accidents Claims tribunal concerned. A sum of Rs. 2,00,000 was awarded by the Tribunal in favour of the respondent No. 1. However, the Tribunal apportioned the liability of the owner of the oil tanker and the Corporation as equal. The respondent No. 2 insurance company is the insurer of the owner of the oil tanker.
(2.) The appellant Corporation contends that the compensation amount awarded for the fracture on the wrist is very much on the higher side. Learned counsel for the respondent No. 1 made an attempt to sustain the large amount of compensation on the premise that the said fracture affected his future earning when a doctor had assessed the disability at 25 per cent.
(3.) The Tribunal awarded a sum of rs. 1,57,416 solely towards future loss of income. The respondent No. 1 is doing business as a dealer in chemicals and fertilizers. We are not satisfied as to why the respondent No. 1 did not approach any specialist in orthopedics when such experts are certainly available at Bangalore (respondent No. 1 is the resident of karnataka State) and also at Belgaum where medical college hospitals are in plenty. If he had approached one of them we have no doubt that the disability of 25 per cent should have been rectified considerably, if not fully. If, for any reason, it is not rectified, it is for the respondent to satisfy why it could not be rectified.;