JUDGMENT : 1. This appeal is filed under Section 173 (1) of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded by the Senior Civil Judge and XIV Motor Accidents Claims Tribunal, Tiptur, (hereinafter referred to as ‘The Tribunal’ for short), by its judgment and award dated 03.03.2012 in MVC No. 754/2006. 2. The appellant in his memorandum of appeal has taken a contention that the quantum of compensation awarded by the Tribunal under various heads are all meager. That the Tribunal ought to have awarded the compensation as claimed by him. It is further contended that the Tribunal has not awarded compensation towards loss of amenities and loss of future income suffered by the appellant due to the injuries sustained by him. Thus, he has prayed for allowing the appeal. 3. Heard the arguments from both sides and perused the materials placed before this court. 4. Learned counsel for the appellant in his arguments reiterated the contention taken up by the appellant in his memorandum of appeal. 5. The present appeal being the claimant’s appeal and the respondents having not preferred either cross-objection or a counter appeal, the question of occurrence of accident on the date, time and place as alleged by the claimant and also the alleged rash and negligent driving on the part of the driver of the offending vehicle is not in dispute. Therefore, the question of occurrence of accident and the alleged liability of the respondents to pay compensation to the injured claimant for the injuries sustained by him in the accident need not be re-analysed again. The only question that remains to be considered is about the quantum of compensation awarded by the Tribunal. 6. After analyzing the evidence and the materials placed before it, the Tribunal has awarded the compensation under the following heads with the sum shown against them:- Towards pain and agony Rs. 30,000.00 Towards medical expenses Rs. 6,500.00 Towards nourishment Rs. 2,000.00 Attendant charges Rs. 1,000.00 TOTAL Rs. 39,500.00 7. Learned counsel for the appellant contended that even though the appellant has established that he has sustained the disability, the Tribunal has not considered the same. 30,000.00 Towards medical expenses Rs. 6,500.00 Towards nourishment Rs. 2,000.00 Attendant charges Rs. 1,000.00 TOTAL Rs. 39,500.00 7. Learned counsel for the appellant contended that even though the appellant has established that he has sustained the disability, the Tribunal has not considered the same. It is the further argument of the learned counsel for the appellant that even after examining the doctor through Court Commissioner who has spoken about the appellant suffering with 30% disability, the Tribunal has not taken the same into consideration which has resulted in the Tribunal not awarding any compensation under the head loss of future income. He also submitted that the Tribunal also failed to award any compensation towards future medical expenses and loss of future earning capacity. 8. On the other hand, learned counsel for the respondent-Insurance Company in his argument submitted that the quantum of compensation awarded by the Tribunal is reasonable, as such, it does not warrant any interference at the hands of this Court. 9. The evidence of PW-2 as the complainant when read in the light of the wound certificate at Ex.P19 would go to show that the appellant/claimant has sustained the following injuries: 1. 5 x 5cm punctured wound over distal thigh. Bleeding present. Tenderness, deformity, abnormal mobility. 2. Laceration over right knee anteriority. 3. Fracture middle 1/3rd of right femur partial bone loss of lateral right tibia and femur. 10. The appellant also got examined the Medical Officer through Court Commissioner. The said Medical Officer in his evidence has stated that he has examined the claimant with respect to the injuries sustained by him in the road traffic accident and has come to the conclusion that the claimant has put to 30% disability to a particular part. However, the Tribunal has observed that the alleged disability has not been mentioned in the wound certificate as disability. Merely because the alleged disability is not mentioned in the wound certificate though the same was issued after the Medical Officer assessing the disability, by itself does not make his evidence unbelievable. Since the Medical Officer got examined before the Tribunal and was also subjected to cross examination from the respondent side, his evidence requires to be considered in the light of other available materials. As already observed, wound certificate at Ex.P19 speaks about the claimant sustaining fracture of middle 1/3rd of right femur and also partial bone loss. Since the Medical Officer got examined before the Tribunal and was also subjected to cross examination from the respondent side, his evidence requires to be considered in the light of other available materials. As already observed, wound certificate at Ex.P19 speaks about the claimant sustaining fracture of middle 1/3rd of right femur and also partial bone loss. The medical evidence of the Medical Officer is also with respect to the very same injuries and after considering the effect of the said injuries on the body of the injured, he has opined that injured was suffering with 30% disability to a particular limb. Thus, the said evidence is required to be accepted. When the said percentage of disability is applied to the whole body, it can be taken at 10%. 11. The claimant has stated that prior to the accident, he was doing agricultural work and also doing drip irrigation contract and was earning Rs. 7,000/- per month. In the absence of any corroborative evidence, it is the notional income prevailing for the relevant year 2006 which is at Rs. 3,750/- is required to be taken. As could be seen in the wound certificate at Ex.P19, age of the injured as on the date of accident is 35 years, for which the relevant multiplier would be ‘16’. Thus, the quantum of compensation towards loss of future income for which the appellant is entitled would be Rs. 3750 x 12 x 16 x 10/100 = Rs. 72,000/-. 12. The Medical Officer in his evidence has also stated that the claimant is required to undergo a surgery to remove implants fixed at the injured limb, for which, the claimant may incur an expenditure of Rs. 15,000/-. The Tribunal has not considered the said aspect. As such the appellant is also entitled for a compensation of a sum of Rs. 15,000/- towards future medical expenses. 13. By sustaining the fracture of right femur bone and having a foreign body implanted in support of the broken bone, the appellant is deprived of some amenities in his life. The Tribunal has not considered the said aspect. Thus, towards loss of amenities the appellant is entitled for a compensation of Rs. 10,000/-. 14. Barring the above, the appellant is not entitled for enhancement of compensation or awarding of compensation under any other heads. 15. The Tribunal has not considered the said aspect. Thus, towards loss of amenities the appellant is entitled for a compensation of Rs. 10,000/-. 14. Barring the above, the appellant is not entitled for enhancement of compensation or awarding of compensation under any other heads. 15. Thus, in total the appellant/claimant is entitled for a total enhancement of a sum of Rs. 97,000/- (Rupees ninety seven thousand only), which is in addition to the compensation of a sum of Rs. 39,500/- awarded by the Tribunal. 16. Accordingly, I proceed to pass the following: ORDER The appeal is allowed in part. 17. The judgment and award passed by the Senior Civil Judge and XIV Motor Accidents Claims Tribunal, Tiptur in MVC No. 754/2006 dated 03.03.2012 is modified to the extent that the compensation awarded at Rs. 39,500/- is enhanced by a sum of Rs. 97,000/- thus fixing the total compensation at Rs. 1,36,500/- (Rupees one lakh thirty six thousand five hundred only). 18. The rest of the order of the Tribunal with respect to fixing the liability upon the respondents and the terms regarding deposit of the awarded amount, awarding the interest, its rate, terms regarding release of the amount awarded, shall remain unaltered. 19. Draw modified award accordingly.