JUDGMENT : P.G.M. PATIL, J. 1. The insurer and claimant being aggrieved by the judgment and award dated 15.11.2008 passed in MVC No.352/2009 by the Senior Civil Judge and Additional MACT, Ramadurg have filed these appeals. 2. The case of the claimant before the tribunal is that on 15.11.2008 while she was brining water to her house on the left side of the road leading to Chanapur village, all of a sudden driver of Tum Tum Auto Rickshaw bearing Reg. No.KA.24/4501 drove the same in high speed and in a rash and negligent manner from opposite direction and dashed to the petitioner. In that accident, petitioner fell down and sustained grievous injuries. Immediately she was shifted to Dr.Uday Naik, Hospital at Mudhol and took treatment there as inpatient for 20 days and spent Rs.35,000/- for medicine and treatment. Prior to the accident she was doing coolie work and earning Rs.5,000/- per month. Due to the accidental injuries she is unable to attend the coolie work. Therefore, she filed claim petition against the owner and insurer of the offending vehicle claiming compensation of Rs.6,50,000/-. 3. In pursuance to the notice, the respondents No.1 and 2 appeared before the tribunal and filed the written statement and denied the contents of the claim petition. Respondent No.1 has further stated that the claim made by the petitioner is highly excessive and exorbitant. Respondent No.2 has specifically denied that respondent No.1-driver was having valid Driving license and thereby there is breach of policy condition. He has denied the manner in which the accident occurred. He has also denied the age, occupation, income of the claimant. 4. On the basis of the pleadings of the parties, the tribunal framed issues. In support of his claim petition, the claimant and another witness were examined as PWs.1 and 2 and got marked 14 documents as Exs.P.1 to P.14. Per contra, the respondent No.2 got examined its witnesses as RWs.1 and 2, and got marked 5 documents as Exs.R.1 to R.5. The tribunal after hearing both the parties, passed the judgment, awarding compensation of Rs.92,760/- with interest at 9% p.a. from the date of petition till realization. Respondent No.2. being the Insurance Company was directed to deposit the compensation amount. 5. The insurer being aggrieved by the impugned judgment has filed MFA.No.24415/2010 disputing the quantum. 6. The claimant being dissatisfied with the impugned judgment has filed MFA.Crob. Respondent No.2. being the Insurance Company was directed to deposit the compensation amount. 5. The insurer being aggrieved by the impugned judgment has filed MFA.No.24415/2010 disputing the quantum. 6. The claimant being dissatisfied with the impugned judgment has filed MFA.Crob. No.799/2011 seeking enhancement of the compensation by considering the income of the petitioner at Rs.4,500/- p.m. and also that the compensation awarded by the tribunal on the other heads are on the lower side. 7. The learned counsel for the insurer- appellant in MFA.No.24415/2010 has filed the memo seeking permission to withdraw the appeal. Therefore, in view of the said memo, the appeal filed by the insurer is liable to be dismissed and accordingly, MFA.No.24415/2010 is dismissed as withdrawn. 8. Learned counsel for the claimant submitted that the tribunal has considered income of the petitioner at Rs.3,000/- p.m. , which ought to have been considered at Rs.4,250/- considering the year of the accident and as per the guidelines provided for settlement of cases before the Lok-Adalath. Further, the tribunal ought to have considered disability of the petitioner at 8% of the whole body. 9. The learned counsel for the insurer supported the impugned judgment and award. 10. On reassessment of the evidence, it is seen that the accident in question occurred on 15.11.2008 and the claimant has contended before the tribunal that she was doing coolie work and earning Rs.5,000/- per month. However, she has not produced any positive evidence to show her income. Therefore, the tribunal has considered her income as Rs.3,000/- per month. On the basis of the guidelines provided for settlement of cases before the Lok Adalath and also considering the year of accident as 2008 it is just and necessary to consider the income of the petitioner as Rs.4,250/- per month for the purpose of awarding compensation. Further, the medical evidence on record goes to show that the petitioner is suffering from 25% of the disability in respect of particular limb and therefore, 1/3rd of the such disability has to be accepted which comes to the extent of 8%. Accordingly, on reassessment, the following just compensation is awarded. Pain and suffering as awarded by the tribunal Rs.30,000/-, Towards medical expenses as awarded by the tribunal Rs.10,000/-. The income of the petitioner is taken as Rs.4,250/- per month. Towards the loss of future earning capacity the claimant is entitled for compensation of Rs.53,040/- (4,250x12x8%x13) . Accordingly, on reassessment, the following just compensation is awarded. Pain and suffering as awarded by the tribunal Rs.30,000/-, Towards medical expenses as awarded by the tribunal Rs.10,000/-. The income of the petitioner is taken as Rs.4,250/- per month. Towards the loss of future earning capacity the claimant is entitled for compensation of Rs.53,040/- (4,250x12x8%x13) . Rs.5,000/- awarded by the tribunal towards attendant charges is maintained. Rs.5,000/- awarded by the tribunal towards special diet and conveyance is maintained. A sum of Rs.8,500/- is awarded towards loss of income during laid up period. A sum of Rs.20,000/- is awarded towards loss of amenities and discomfort in life. Therefore, the claimant is entitled for total compensation of Rs.1,31,540/- as against the compensation awarded by the tribunal of Rs.92,760/-. The point for consideration in this regard is answered accordingly. In the result, this Court proceed to pass the following: ORDER MFA No.24415/2010 is hereby dismissed and MFA Crob. 799/2011 is allowed in part. The claimant-appellant is awarded compensation of Rs.1,31,540/- with interest at the rate of 6% p.a. from the date of petition till its realization. The amount of compensation deposited by the insurer in MFA.No.24415/2010 shall be transmitted to the concerned tribunal forthwith. Further, the insurer is directed to deposit the remaining amount of compensation before the tribunal within eight weeks. Send the records to the concerned tribunal.