IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2017 BEFORE THE HON’BLE MR. JUSTICE B MANOHAR MFA No.2043/2012 (MV) BETWEEN MR.ABDUL RAHIMAN AGED ABOUT 60 YEARS S/O PAKEER BEARY R/AT MADAKA HOUSE THUMBE POST BANTWAL TALUK -574211. .. APPELLANT (By Sri S VISHWAJITH SHETTY, ADVOCATE) AND 1. MR T H ASIF IQBAL AGED ABOUT 36 YEARS S/O T H HUSSAINABBA R/AT MADAKA HOUSE THUMBE POST BANTWAL TALUK-574211.
2. THE BRANCH MANAGER M/S FUTURE GENERAL INSURANCE COMPANY LIMITED, 201 AND 202 INLAND AVENUE, M G ROAD, BALLALBAGH MANGALORE – 575 001. .. RESPONDENTS (By Sri H S LINGARAJ, ADVOCATE FOR R2, R1 – NOTICE DISPENSED WITH V/O DTD.12.9.2014) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:17.12.2011 PASSED IN MVC NO.843/2010 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, MEMBER, MACT-II, DAKSHINA KANNADA, MANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT Appellant is the claimant. Being aggrieved by the quantum of compensation awarded in the judgment and award dated 17th December, 2011 passed in MVC No.843/2010 by the Motor Accident Claims Tribunal, Dakshina Kannada, Mangalore (for short `Tribunal’), he has filed this appeal seeking for enhancement of compensation.
2. The appellant filed a claim petition contending that on 14.3.2010 at about 1.30 p.m. while he was proceeding in a Qualis vehicle bearing Registration No.KA-20/MF 1522 from Thumbe to B C Road, due to rash and negligent driving of the said vehicle, it met with an accident. Due to that, the claimant and other passengers traveling in the said vehicle sustained grievous injuries. Immediately after the accident, the claimant was shifted to B A Hospital and Training Center, Thumbe. In the accident, he has sustained fracture of rib (right), fracture of three fingers of left hand and other three lacerated wounds all over the body. In the claim petition, it was contended that he was doing fish vending business and earning Rs.15,000/- per month. In view of the permanent disability he suffered, he cannot do the fish vending business and sought for compensation of Rs.5,00,000/-
3. The Insurance Company defended the case by filing written statement.
4. After trial, the Tribunal held that due to actionable negligence on the part of driver of the Qualis car, the accident had occurred and claimant has sustained injuries. Hence he is entitled for compensation.
5. The Tribunal taking into consideration the wound certificate-Ex.P22 and discharge summary-
Exs.P23 and 24 held that the claimant has sustained crush injuries to left fingers and he underwent wound debridement, K-wire fixing and he took treatment as inpatient from 14.3.2010 to 20.3.2010. The Tribunal noticed the broken bones of left little finger, middle finger and index finger. The doctor, who treated the claimant, assessed the permanent disability to an extent of 16.5% towards particular limb. The Tribunal taking into consideration the injuries sustained and sufferings undergone awarded Rs.10,000/- towards `pain and sufferings’, Rs.42,800/- towards `medical expenses’, Rs.4,000/- towards `loss of income’, Rs.30,000/- towards `loss of future happiness, discomfort, etc.’, Rs.1,750/- towards `attendant charges’ and Rs.5,000/- towards `conveyance’. In all, a sum of Rs.93,550/- has been awarded with interest at 6% p.a. The claimant being not satisfied with the compensation awarded by the Tribunal has filed this appeal.
6. I have carefully considered the arguments addressed by Sri Vishwajith Shetty, learned Advocate appearing for the appellant and Sri H S Lingaraj, learned Advocate appearing for respondent No.2 and perused the judgment and award, oral and documentary evidence let in by the parties.
7. The dispute in this appeal is only with regard to quantum of compensation.
8. The occurrence of accident and injuries sustained by the claimant are not in dispute. In the road traffic accident, the claimant has sustained the following injuries:
1. Complains of pain over the right and left pectyoral region (chest).
2. Diffused tenderness over the lateral aspect of pectoral region.
3. 4 small lacerated wounds over the hands and dorsum area and abrasion too.
4. Fracture of Rib (right)- lateral part and hand of the humorous.
9. The claimant underwent wound debridement and K-wire fixing, he took treatment as inpatient for a period of seven days and thereafter he took follow-up treatment. In view of the crush injuries he sustained, there are broken bones in his left little finger, middle finger and index finger. The top portion of left little finger was chopped off. Though the doctor assessed the disability to an extent of 16.5% to the particular limb, the Tribunal has awarded very meager compensation. The compensation awarded towards pain and sufferings is on the lower side. In view of the injuries sustained to the left little finger and fracture of right ribs, the claimant is entitled to another sum of Rs.20,000/- towards `pain and sufferings’ in addition to Rs.10,000/- awarded by the Tribunal. Further, in view of the injuries to the left hand, he cannot do the fish vending business. A sum of Rs.4,000/- awarded towards `loss of income during the laid up period’ is on the lower side. Hence, the claimant is entitled to another sum of Rs.7,000/- towards `loss of income during the laid up period’ in addition to Rs.4,000/- awarded by the Tribunal. A sum of Rs.5,000/- awarded towards `conveyance etc’. and Rs.1,750/- towards `attendant charges’ are on the lower side. Admittedly, the claimant was an inpatient for a period of seven days and thereafter he took followup treatment. Hence, he is entitled to another sum of Rs.10,000/- towards `attendant and conveyance charges’. Further, in the absence of future loss of income, the Tribunal has not awarded any compensation towards `loss of amenities of life’. Looking into the injuries sustained and the sufferings undergone by the claimant, it is appropriate to award another sum of Rs.15,000/- towards `amenities in life’ in addition to Rs.30,000/- awarded towards `future unhappiness, discomfort, inconvenience etc’. Hence, the claimant is entitled to enhanced compensation of Rs.52,000/- in addition to the compensation of Rs.93,550/- awarded by the Tribunal with interest at 6% p.a. Accordingly, I pass the following:
ORDER Appeal is allowed in part. The judgment and award dated 17.12.2011 passed in MVC No.843/2010 by the Motor Accident Claims Tribunal, Dakshina Kannada, Mangalore is modified. Claimant is entitled to enhanced compensation of Rs.52,000/- (Rupees fifty two thousand only) with interest at the rate of 6% p.a. in addition to Rs.93,550/- awarded by the Tribunal.
Sd/- JUDGE Bkm.