JUDGMENT Hemant Chandanagoudar, J. - The claimants being dissatisfied by the judgment and award dated 20.04.2011, passed in MVC No.140/2009, by the Presiding Of ficer, Fast Track Court, Sirsi, have f iled this appeal . 2. It is the case of the claimants before the Tribunal that on 05.11.2008, the petitioner was driving his Goods Tempo bearing No.KA-31 from Ranebennur to Sirsi via Akkialoor, in a moderate speed with care and caution, near Balehall i vi llage, after crossing Fourth cross towards Sirsi , a Tufan trax bearing No.KA-31/5549 came from opposite direction in a rash and negligent manner and dashed to the goods tempo of the petitioner. Due to the accident, the petitioner has sustained grievous injuries, the petitioner has suf fered permanent disabi lity. Hence, he claimed compensation of 5,00,000/- against the respondents jointly and severally. 3. In response to the notice, respondents No.1 and 2 appeared through their counsel before the Tribunal and f iled their written statement. Respondent No.1 contended that the accident was due to the negligent driving of the petitioner himself . His vehicle is duly insured with respondent No.2, in case the compensation is awarded, the liabi lity be shifted on respondent No.2. 4. Respondent No.2 insurance company fi led objections denying the averments made in the claim petition. However his l iabi lity is subject to the terms and conditions of the policy. 5. On the basis of the pleadings of the parties, the Tribunal framed issues. In support of their claim, PW.1 and one witness as PW.2 and got marked 61 documents as Exs.P.1 to P.61. Respondents No.1 and 2 have not adduced any evidence. The learned member of the Tribunal after hearing both the parties, passed the impugned judgment awarding compensation of 48960/- with interest at 6% p.a. from the date of petition til l real ization. Respondent No.2-insurer was directed to deposit entire compensation amount within a period of one month. 6. The claimants being dissatisf ied with the impugned award have f iled this appeal for enhancement of compensation on the grounds that the tribunal ought to have taken income of the deceased at 5,000/- per month as the deceased was working as driver holding HVT driving l icence and that the compensation awarded under other heads is also on lower side. 7. Heard the learned counsels appearing for the parties. 8. 10. 7. Heard the learned counsels appearing for the parties. 8. 10. The learned counsel for the claimants submitted that the negligence cannot be raised by the insurer in the petition f iled under Section 163A of the Motor Vehicle Act as held by the Hon'ble Apex Court in the case of United India Insurance Co. Ltd. V. Sunil Kumar and another, (2018) ACJ 1 . 9. Per contra, the learned counsel for respondent No.2 justif ied the award passed by the Tribunal after considering the submissions made by the learned counsel for the appel lant who has fi led the petition under Section 163A(2) of the Motor Vehicles compensation. 10. The question of contributory negligence cannot be raised by the insurer in the petition fi led under Section 163A of the Motor Vehicles Act as held by the Apex Court in the case of United India Insurance Co. Ltd. V. Sunil Kumar and another (supra). The tribunal has committed an error in deducting 50% of the amount of compensation awarded under loss of future income by saddl ing 50% of the liabi l ity towards contributory negligence. The appel lant is entitled for compensation of Rs.33,660/- under the head loss of future income. The tribunal has not awarded compensation under the head pain and suf fering. The appel lant is entitled for a compensation of Rs.5,000/- under the head pain and suf fering and Rs.15,000/- towards medical expenses. In al l the claimant is entitled a sum of Rs.53,660/- as against Rs.24,480/- awarded by the tribunal . 11. Hence the appeal is allowed in part. The impugned judgment and award passed by the tribunal is modi fied accordingly. The compensation awarded is enhanced to Rs.53,660/- with interest at the rate of 6% p.a. from the date of petition til l its real ization. The insurance company is ordered to deposit the enhanced compensation amount within a period of 6 weeks from the date of receipt of the copy of the this order.