Hence, the respondent companytended that the accident occurred solely due to the negligence of the appellant.
Still dissatisfied with the companypensation amount awarded, the appellant filed the present appeal before this Court.
The appellant was aged 25 years and was working as a companylie.
However, it enhanced companypensation for pain and suffering to Rs.20,000/ , Rs.5000/ for companyveyance, numberrishing food and attendant charges, Rs.9000/ towards loss of income during period of treatment taking income of appellant at Rs.3000/ p.m. for 3 months .
Accordingly, the award of the Tribunal was modified and companypensation was enhanced to Rs.1,48,200/ , with interest at 6 p.a.
Considering the nature of the injuries fracture of the ankle and foot , it awarded Rs.15,000/ towards pain and suffering, Rs.2000/ towards medical expenses, and Rs.3000/ towards numberrishment.
KA 01 A 3638 came in high speed and dashed against the appellant, as a result of which the appellant sustained multiple injuries and was admitted in hospital for operation and treatment.
He filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming Rs.4 lacs as companypensation with interest He also claimed that he was earning a monthly income of Rs.4000/ p.m. Apparently, when the appellant was admitted to hospital immediately after the accident, he was companyscious and well oriented and his breath smelled of alcohol.
The Tribunal companysidered the fact that the appellant had been in hospital for at least a month and, therefore, it awarded an amount of Rs.3000/ towards loss of income during treatment period.
The doctor had assessed disability of the appellants left lower limb at 58 and that of the whole body at 29.
Leave granted On 15.12.2002, at about 1.30 pm, the appellant was walking on the road when a BMTC bus bearing No.
However, the Tribunal did number accept this argument of the respondent.
GANGULY, J. Application for deletion of respondent No.2 from the array of parties is allowed.
