IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MRS.JUSTICE S.SUJATHA AND THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ M.F.A.No.4167/2014 [MV] BETWEEN :
B.M.CHIRANJEEVI S/O MAHADEVAIAH AGED ABOUT 24 YEARS, MAHIGHATTA POST, NITTUR HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-572223 ...APPELLANT (BY SRI G.S.PRASANNA KUMAR, ADV.) AND :
1. THE DIVISIONAL MANAGER ORIENTAL INSURNCE CO. LTD., DIVISIONAL OFFICE #20, 1ST FLOOR, 100FT ROAD, JALAHALLI CROSS, BENGALURU-560057 2. ANNAPPA G. GUDIGAR S/O NOT KNOWN TO APPELLANT ADULT BY AGE 3. Dr. A.SACHIDANANDA S/O ANNAPPA R. GUDIGAR ADULT BY AGE RESPONDENT Nos.2 & 3 ARE R/AT #51, XI CROSS, III MAIN PRASHANTH NAGAR II STAGE, BENGALURU-560079 …RESPONDENTS (BY SRI C.SHANKAR REDDY, ADV. FOR R-1; R-2 & R-3 ARE SERVED.) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 19.12.2013 PASSED IN MVC NO.11/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE, PRESIDING OFFICER, ADDITIONAL MACT-17, GUBBI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE S.SUJATHA J., DELIVERED THE FOLLOWING:
J U D G M E N T This appeal is directed against the judgment and award dated 19.12.2013 passed by the Senior Civil Judge & Addl. MACT-17, Gubbi in MVC No.11/2009.
2. Claim petition was filed by the claimant contending that on 22.07.2007 he met with the road traffic accident owing to the actionable negligence of the driver of the Tata Sumo bearing Reg. No.KA-02-B-4373 as a result of which, he suffered grievous injuries and was shifted to hospital for medical treatment, first at Aditya Orthopedic and Trauma Centre, Tumkur and thereafter at Bhagawan Mahaveer Jain Hospital, Bangalore and he has spent more than Rs.2,00,000/- towards medical expenses and is further spending Rs.3,000/- per month for his treatment. Accordingly, he sought for compensation.
3. On service of notice, respondent No.1 has appeared and contested the matter. Despite service of notice, respondent Nos.2 and 3 remained absent and they have been placed exparte.
4. On consideration of the pleadings, the Trial Court awarded total compensation of Rs.97,040/- with interest @ 6% p.a. from the date of petition till realization. Being dissatisfied with the quantum of compensation awarded, the claimant is before this court in appeal.
5. The material on record discloses that the claimant has sustained three grievous injuries and has undergone surgery for the fractures suffered with the orthopedic implants inserted. The claimant has taken treatment as an inpatient. He was operated on 2.8.2007 and discharged on 6.8.2007 as could be seen from the evidence of PW-3-Orthopedic Surgeon. The claimant was aged about 18 years at the time of the accident and was a II Year PUC student and also assisting his parents in agriculture and business. In the circumstances, monthly income determined by the Tribunal at Rs.3,000/- appears to be meager and the same is re-assessed at Rs.3,500/- per month.
6. Considering the gravity of the injuries sustained by the claimant, we deem it appropriate to award a sum of Rs.35,000/- towards pain and suffering as against Rs.20,000/- awarded. Considering the monthly income at Rs.3,500/- with the multiplier of 18 and disability of 6% as determined by the Tribunal, the compensation towards loss of future earnings would work out to Rs.45,360/-. The medical expenses of Rs.35,800/- awarded by the Tribunal remains undisturbed. A sum of Rs.5,000/- is awarded towards attendant, food and nourishment charges. The claimant is entitled to a sum of Rs.25,000/- towards loss of amenities considering the injuries sustained by him at the young age which would have a repercussion for his entire life.
7. Accordingly, the compensation awarded by the Tribunal is modified as under:
a. Pain & suffering - Rs.35,000/-
b. Medical expenses - Rs.35,800/-
c. Loss of future earning and permanent disability -Rs.45,360/-
d. Attendant charges, food and nourishment -Rs. 5,000/-
e. Loss of amenities -Rs.25,000/-
Total Rs.1,46,160/-
7. The appeal is allowed in part. The claimant is entitled to a total compensation of Rs.1,46,160/- as against Rs.97,040/- awarded by the Tribunal which shall carry interest @ 6% p.a. from the date of petition till the date of realization.
The liability, payment and disbursement shall be in terms of the order of the Tribunal.
Sd/- JUDGE Sd/- JUDGE Dvr: