JUDGMENT 1. This appeal under Sec. 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') has been filed by the claimant being aggrieved by the judgment dtd. 2/7/2011 passed by MACT, Bengaluru in MVC No.1300/2009. 2. Facts giving rise to the filing of the appeal briefly stated are that on 24/1/2009 at about 03.00 a.m., the claimant was traveling in a Indica Car bearing Registration No.KA-01-Z-336 on NH-4 road near Basavanatha gate Kolar Bye pass road, Kolar town, at that time, the driver of the lorry bearing Registration No.AP- 27-X-5659 drove the same in rash and negligent manner and dashed against the claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized. 3. The claimant filed a petition under Sec. 166 of the Act seeking compensation. It was pleaded that he spent huge amount towards medical expenses, conveyance, etc. It was further pleaded that the accident occurred purely on account of the rash and negligent driving of the offending vehicle by its driver. 4. On service of notice, the respondent No.1 appeared through counsel and filed written statement in which the averments made in the petition were denied. It was pleaded that the petition itself is false and frivolous in the eye of law. The age, avocation and income of the claimant and the medical expenses are denied. It was further pleaded that the quantum of compensation claimed by the claimant is exorbitant. Hence, he sought for dismissal of the petition. The respondent No.2 did not appear before the Tribunal inspite of service of notice and was placed ex- parte. 5. On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter recorded the evidence. The claimant himself was examined as PW-1 and Dr.Alwin was examined as PW-2 and got exhibited documents namely Ex.P1 to Ex.P29. On behalf of the respondents, neither any witness was examined nor any document was produced. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the claimant sustained injuries. The Tribunal further held that the claimant is entitled to a compensation of Rs.3,56,660.00 along with interest at the rate of 6% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. The Tribunal further held that the claimant is entitled to a compensation of Rs.3,56,660.00 along with interest at the rate of 6% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. Being aggrieved, the present appeal has been filed. 6. The learned counsel for the claimant has raised the following contentions: Firstly, the claimant is Income Tax Assessee and he has produced IT Returns for the period of 2003-04, 2004- 05, 2005-06, 2006-07 and 2007-08. The Tribunal has not considered the same and has taken the notional income as merely as Rs.8,000.00 per month. Secondly, the claimant has examined the doctor as PW-2. The doctor in his evidence has stated that the claimant has suffered whole body disability at 20%. But the Tribunal has not assessed any disability and has not granted any compensation under the head of 'loss of future income due to disability'. Thirdly, due to the accident, the claimant has sustained grievous injuries. He was treated as inpatient for a period of 17 days. Even after discharge from the hospital, he was not in a position to discharge his regular work. He has suffered lot of pain during treatment. Considering the same, the compensation awarded by the Tribunal under the heads of 'loss of amenities', 'pain and sufferings' and other incidental expenses are on the lower side. Hence, he sought for allowing the appeal. 7. On the other hand, the learned counsel for the Insurance Company has raised following counter contentions: Firstly, the Tribunal considering the documents produced by the claimant and considering the injuries suffered by the claimant has rightly considered the notional income of the claimant as Rs.8,000.00 per month. Secondly, even though the doctor in his evidence has stated that the claimant has suffered whole body disability at 20%, the Tribunal considering the injuries sustained by the claimant and evidence of the doctor, has rightly held that the claimant has not suffered any loss due to disability. Therefore the Tribunal has rightly not granted any compensation under the head of 'loss of future income due to disability'. Thirdly, considering the injuries sustained by the claimant and considering the age and avocation of the claimant, the compensation awarded by the Tribunal under the heads of 'loss of amenities', 'pain and sufferings' and other incidental expenses is just and reasonable and it does not call for interference. Thirdly, considering the injuries sustained by the claimant and considering the age and avocation of the claimant, the compensation awarded by the Tribunal under the heads of 'loss of amenities', 'pain and sufferings' and other incidental expenses is just and reasonable and it does not call for interference. Hence, he prays for dismissal of the appeal. 8. Heard the learned counsel for the parties and perused the judgment and award of the Tribunal. 9. It is not in dispute that the claimant has sustained injuries in the road traffic accident occurred due to rash and negligent driving of the offending vehicle by its driver. The claimant has produced IT Returns as per Ex.P18 to Ex.P21. Considering the same, I am of the opinion that the monthly income of the claimant can be assessed at Rs.12,000.00.00. As per wound certificate, the claimant has sustained fracture shaft right femur, inter trochanteric fracture of left femur, fracture of right acetabulum and fracture of left distal radius. The doctor in his evidence has stated that the claimant has suffered whole disability of 20%. Therefore, taking into consideration the deposition of the doctor and injuries mentioned in the wound certificate, I am of the opinion that the whole body disability can be assessed at 15%. The claimant is aged about 46 years at the time of the accident and multiplier applicable to his age group is 13'. Thus, the claimant is entitled for compensation of Rs.2,80,800.00 (Rs.12,000.00*12*13*15%) on account of 'loss of future income' as against the compensation of Rs.25,000.00 awarded by the Tribunal under the head of 'disability'. The nature of injuries suggests that the claimant must have been under rest and treatment for a period of 03 months. Therefore, the claimant is entitled for compensation of Rs.36,000.00 (Rs.12,000.00*03 months) under the head 'loss of income during laid up period'. Due to the accident, the claimant has suffered grievous injuries and also undergone surgery. He was treated as inpatient for more than 17 days in the hospital. He has suffered lot of pain during treatment and he has to suffer with the disability stated by the doctor throughout his life. Considering the same, I am inclined to enhance the compensation awarded by the Tribunal under the head of 'pain and sufferings' from Rs.50,000.00 to Rs.60,000.00 and under the head of 'loss of amenities' from Rs.20,000.00 to Rs.50,000.00. He has suffered lot of pain during treatment and he has to suffer with the disability stated by the doctor throughout his life. Considering the same, I am inclined to enhance the compensation awarded by the Tribunal under the head of 'pain and sufferings' from Rs.50,000.00 to Rs.60,000.00 and under the head of 'loss of amenities' from Rs.20,000.00 to Rs.50,000.00. Considering the nature of injuries, the compensation awarded by the Tribunal under other heads is just and reasonable. 10. Thus, the claimant is entitled to the following compensation: Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) Pain and sufferings 50,000 60,000 Medical expenses 2,17,660 2,17,660 Loss of income during laid up period 24,000 36,000 Loss of amenities 20,000 50,000 Loss of future income due to disability 25,000 2,80,800 Future medical expenses 20,000 20,000 Total 3,56,660 6,64,460 11. In the result, the appeal is allowed in part. The judgment of the Claims Tribunal is modified. The claimant is entitled to a total compensation of Rs.6,64,460.00. The Insurance Company is directed to deposit the enhanced compensation amount along with interest @ 6% p.a. from the date of filing of the claim petition till the date of realization, within a period of six weeks from the date of receipt of copy of this judgment excluding interest for the compensation awarded under the head of 'future medical expenses'.