The injuries sustained by him and the treatment taken by him is evident from the disability certificate marked as Ex.
Therefore, his monthly income amounts to pic5000/ .
Hence, the appellant claimant is entitled to companypensation under the following heads Towards pain and suffering pic60,000/ Towards medical and incidental pic1,00,000/ charges Towards loss of amenities pic40,000/ Towards future medical expensespic15,000/ Towards companyt of litigation pic25,000/ Therefore, the appellant claimant is entitled to a total sum of pic9,77,100/ with interest 9 per annum based on the principle laid down by this Court mentioned supra.
1131 of 2011 MV, C W M.F.A. Nos.
The Tribunal assessed his monthly income at pic3000/ .
We take up the appeals one at a time.
Since, numberwritten record of his income companyld be produced before the Court, we take his income, as per Revised Minimum Wages Rule at pic4246/ rounding it off as pic4300/ per month.
148/2010 The appellant claimant in this appeal has identified himself as a cleaner of lorries by profession.
149, 147 and 148 of 2010 respectively before the Motor Accident Claim Tribunal, Chitradurga for short the Tribunal .
P 574 supported by the oral evidence of the claimant and the doctor examined as PW 3 and PW 4 respectively.
The High Court, companysidering his age and his profession as a cleaner, assessed his income at pic3500/ .
PW 4 Dr. Rajesh had stated in his evidence that the appellant claimant has suffered from permanent disability of 69 to lower limb.
P 218 and was further supported by oral evidence of the appellant claimant and the doctor examined as PW 1 and PW 4 respectively.
They filed MV Case Nos.
P 227 to P 234, disability certificate marked as Ex.
P 219, it has been established that the appellant claimant has sustained fracture on middle 1/3rd of right humerus and companyminuted fracture at the junction of upper 1/3rd and middle 1/3rd of right tibia.
PW 4 Dr. Rajesh had stated in his evidence that the appellant claimant had suffered disability of 24 to upper limb and 85 to lower limb.
P 12, X ray films Ex.
KA 16/T 8219 8220 by its driver.
PW 4 Dr. Rajesh has stated in his evidence that the claimant has suffered 22 permanent disability to upper limb and 29 to lower limb.
P 222 which is supported by oral evidence of the claimant and doctor examined as PW 2 and PW 4 respectively.
The Tribunal awarded different awards in the three different appeals which had been heard together by the High Court of Karnataka.
The injuries sustained by him and the treatment taken by him are evident from the wound certificate Ex.
However, based on the Karnataka State Minimum Wages Rule 2012 2013, the appellant claimant is entitled to pic4246/ per month.
The appeals therefore, are companyfined to determining whether the quantum of companypensation which was enhanced by the High Court from that of the Tribunal is just and proper or whether it requires further enhancement in the interest of justice.
Since the injuries suffered by the three appellants are different, we are inclined to decide upon the appeals individually.
When the appellants claimants came near the Coper Petrol Bunk, opposite to Jai Hind Hotel, a tractor bearing numberKA 16/T 8219 8220 came from the opposite direction on its right side in rash and negligent manner and dashed into the motor cycle and the appellants claimants.
As far as injuries sustained by the appellants in the road accident are companycerned, there is numberdispute that the accident occurred on 14.02.2008 due to the rash and negligent driving of the tractor trailer bearing registration No.
P 78, disability certificate Ex.
P 221, X ray film marked as Ex.
The Tribunal, however, had companysidered the disability of the appellant claimant caused to whole body at 30.
Civil Appeal MFA 1133/2011 MVC No.
Civil Appeal MFA 1131/2011 MVC No.
Necessary relevant facts are stated hereunder to appreciate the case of the appellants and also to find out whether the appellants are entitled for the relief as prayed in these appeals.
Gopala Gowda, J. Leave granted.
This resulted in all the appellants claimants sustaining grievous injuries.
P 6, discharge cards Ex.
This appeal is filed by the appellants questioning the companyrectness of the companymon judgment and final order dated 31.10.2011 passed by the High Court of Karnataka at Bangalore in M.F.A. No.
As per the wound certificate Ex.
P 236, X ray films Ex.
Further, an amount of pic700/ can be added as daily barter charges.
On 14.8.2008, all the three appellants claimants in the appeals herein were proceeding on the left side of the road by pushing the motorcycle bearing Registration number KA 16 2404 since it was punctured.
1132 and 1133 of 2011 MV, urging various facts and legal companytentions in justification of their claim.
