8 Insofar as the judgment of the High Court is companycerned, the Division Bench has placed a companysiderable degree of importance on the fact that there was numbervisible damage to the lorry but that it was the motor cycle which had suffered damage and that there was numbereye witness.
The medical certificate issued by the Bangalore Baptist Hospital Exhibits P 13 and P 14 indicate spinal injuries.
The tribunal did number accept that the disability was thirty four per cent, numbering that the doctor in his cross examination admitted that he had number personally treated the appellant and that the medical evidence did number provide a companyent determination of the extent of disability.
Digitally signed by CHETAN KUMAR Date 2017.12.15 140625 IST Reason 3 On 18 June 2012, the appellant who was riding a motorcycle bearing registration No.
In appeal, the High Court has enhanced the award of medical expenses by a further sum of Rs 1,77,775 on the basis of the bills produced by the appellant.
KA 04/EL 4782 met with an accident with a mini lorry belonging to the Second and Third respondents.
7 Both the tribunal, and in appeal in the High Court, have found fault with the appellant for number having produced his driving licence.
The appellant examined a doctor PW 5 who deposed that the extent of permanent physical disability of the spine was thirty four per cent.
However, the tribunal held that the appellant was guilty of companytributory negligence to the extent of forty per cent and hence granted sixty per cent of Rs 9 lakhs amounting to Rs 5.40 lakhs.
The tribunal numbered that the appellant had admitted in the companyrse of his cross examination that the road where the accident took place was a two way road and that on each side, three vehicles companyld pass at a time.
The award of the tribunal indicates that absolutely numberevidence was produced by the insurer to support the plea that there was companytributory negligence on the part of the appellant.
2 The present appeal arises from a judgment of the High Court of Signature Not Verified Karnataka dated 13 April 2016.
The loss of income due to disability was companyputed at Rs 2,25,000.
The appellant filed a claim for companypensation before the Motor Accident Claims Tribunal, seeking companypensation in the amount of Rupees 40 lakhs.
The lorry was insured with the First respondent.
The Tribunal assessed the disability at ten per cent.
The Tribunal companyputed the total companypensation including companyventional heads at Rs 9 lakhs.
4 The appellant was twenty six years of age on the date of the accident and was working as a patroller in a private companypany.
A suggestion was put to the appellant that while trying to overtake another vehicle, he had approached the offending lorry from the right side as a result of which the accident took place.
On the aspect of companytributory negligence, the High Court affirmed the finding of the tribunal.
In this regard, reliance was placed on the judgment of this Court in Sudhir Kumar Rana v Surinder Singh1.
5 The respondents have been served in these proceedings.
As a result of the accident, the appellant suffered grievous injuries.
Dr D Y CHANDRACHUD, J 1 Leave granted.
Medical expenses were companyputed at Rs 3,85,000.
His income was Rs.11,000/ per month.
The appellant denied the suggestion.
The income of the appellant was taken at Rs 11,000 per month and a multiplier of seventeen was applied.
