IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE B.SREENIVASE GOWDA MISCELLANEOUS FIRST APPEAL No.4480/2012 (MV) BETWEEN:
BAIYAMMA @ BANGARAMMA W/O KATAIAH AGED ABOUT 48 YEARS OCC: COOLIE, R/O BUDNAHATTY VILALGE CHALLAKERE TALUK, CHITRADURGA – 577501 …APPELLANT (BY SRI G.SHANKAR GOUD, ADV.) AND:
1. NARASIMHALU S/O M.T.VENKATARAMANAPPA AGED ABOUT 48 YEARS R/O GUGGARAHATTY VILLAGE, 5TH WARD, VENKATAMMA COLONY BANGALORE ROAD, BELLARY OWNER OF THE LORRY BEARING NO.AP-02/T-8662 2. THE BRANCH MANAGER ORIENTAL INSURANCE CO. LTD., SHARADA COMPLEX, OPP: KSRTC BUS STAND, CHITRADURGA - 577501 …RESPONDENTS (BY SRI KN.SRINIVASA, ADV. FOR R-2; NOTICE TO R-1 DISPENSED WITH.) THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT & AWARD DATED 04.03.2011 PASSED IN MVC NO.217/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, CHALLAKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T With the consent of learned counsel appearing for the parties, appeal is heard, admitted and disposed of finally.
2. Perused the Judgment and Award passed by the Tribunal.
3. Claimant aggrieved by the quantum of compensation awarded by the Tribunal, has preferred this appeal seeking enhancement of compensation.
4. As there is no dispute regarding certain injuries sustained by the claimant in a road traffic accident that occurred on 13.12.2007 due to rash and negligent driving of a lorry bearing registration No.AP-02-T-8662 by its driver and liability of the insurer of the said vehicle, the only point that arises for consideration in the appeal is:
“Whether the quantum of compensation of Rs.54,020/- with interest at 6% per annum awarded by the Tribunal is just and reasonable or does it call for enhancement? ”
5. As per Ex.P4 – wound certificate issued by the Medical Officer, PHC, Mudigere, claimant had sustained tenderness over left forearm and left shoulder joint case. As per the X-ray report, he had sustained communited fracture of left humerus. Injuries sustained and treatment taken by the claimant are also evident from Ex.P6 and Ex.P7 – case sheets. Ex.P8 is the medical bills, Ex.P9 is outpatient slip, Ex.P10 is disability certificate and Ex.P11 – X-ray and supported by oral evidence by PW-1 and PW-2 respectively. PW-2, Dr.P.H.Jayaram in his evidence has stated that the claimant has suffered disability of 25% to 30%.
6. Considering the nature of injuries sustained by the claimant, a sum of Rs.30,000/- is awarded towards pain and suffering as against Rs.15,000/- awarded by the Tribunal. The claimant has produced medical bills for Rs.7,820/- which is not disputed. Therefore, the said amount is awarded towards medical expenses.
7. The claimant was treated as inpatient for a period of one week at Government Taluk Hospital, Challakere and then shifted to District Government Hospital, Chitradurga and treated there as inpatient for two weeks. Considering the duration of treatment, a sum of Rs.10,000/- is awarded towards incidental expenses like conveyance nutrition, diet, attendant charges etc.
8. Income of the claimant is taken at Rs.3,000/- per month as claimed by him. Nature of injuries suggests that he must have been under rest and treatment for a period of 4 months and therefore a sum of Rs.12,000/- is awarded towards loss of income during the laid up period.
9. The claimant is aged about 40 years and multiplier applicable to his age group is 15. His income is assessed by Rs.3,000/- per month as claimed by him. The doctor though has stated that the claimant has suffered disability of 25% to 30%, has not stated as to the percentage of disability caused to particular limb and to whole body separately. Considering the nature of injuries sustained by the claimant, disability caused to whole body is taken at 9%, for the purpose of working out loss of future income. So, loss of future income would work out to 3,000 x 12 x 15 x 9% = Rs.48,600 and it is awarded as against Rs.25,200/- awarded by the Tribunal.
10. The nature of injuries suggests that he may have to undergo certain amount of discomfort and unhappiness in his future life and therefore, a sum of Rs.20,000/- is awarded towards loss of amenities.
11. Thus, the claimant is entitled for the following compensation:-
12. Accordingly, the appeal is allowed-in-part.
The Judgment and Award passed by the Tribunal is modified to the extent stated herein above. The claimant is entitled for an additional compensation of Rs.74,400/- with interest at 6% p.a. from the date of claim petition till the date of realisation.
The Insurance Company is directed to deposit the additional compensation amount together with interest within two months from the date of receipt of a copy of this Judgment and same is ordered to be released in favour of the claimant immediately after the deposit.
No order as to costs.
Sd/- JUDGE NC.