IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY M.F.A. No.1156/2015[MV] BETWEEN :
BHARATESHACHAR S/O LATE NANJUNDACHAR AGED ABOUT 39 YEARS, R/O OLD SEEGEBAGI, BHADRAVATHI – 577301, SHIVAMOGGA DISTRICT.
(BY SRI. P.N.HARISH, ADV.) AND :
1. G. NARAYANACHAR, S/O LATE BALACHARYA, AGED ABOUT 64 YEARS, R/O. ‘PAJAKA’, NST ROAD, OLD TOWN, BHADRAVATHI – 577301, SHIVAMOGGA DISTRICT.
2. IFFCO-TOKIO GENERAL INSURANCE CO. LTD., STRATEGIC BUSINESS UNIT, KSCMF BUILDING, 3RD FLOOR, 3RD BLOCK, CUNNINGHAM ROAD, BANGALORE – 560052.
... APPELLANT …RESPONDENTS (BY SRI. KESTHUR N. CHANDRASHEKHAR ADV. FOR R1.
SRI. E.I. SANMATHI, ADV. FOR R2.) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 14.08.2014 PASSED IN MVC NO. 18/2013 ON THE FILE OF THE C/C. PRINCIPAL SENIOR CIVIL JUDGE, & JMFC, ADDITIONAL MACT, BHADRAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The appellant has filed this appeal for enhancement of compensation against Judgment and Award dated 14.08.2014 passed by the Prl. Senior Civil Judge and JMFC & Addl. MACT – 11 at Bhadravathi in MVC No.18/2013.
2. The appellant has sustained grievous injuries on account of the motor vehicle accident occurred on 22.11.2012. The appellant has filed claim petition seeking compensation. The Tribunal has awarded a compensation of a sum of Rs.1,90,000/-. Aggrieved by the same, this appeal is filed.
3. It is a case of the appellant that he was working as a carpenter and earning Rs.10,000/- p.m.
The Doctor-PW.2, who has examined the injured has stated that the appellant has sustained grievous injuries. However, the Tribunal has awarded only a sum of Rs.45,000/-(Rs.5,000*12*15/100*15) under the head of loss of future income.
4. The learned counsel for the appellant has sough to enhance the compensation.
5. The learned counsel for the respondent sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
6. I have gone through the Judgment and Award passed by the Tribunal. The Ex.P.59 shows that the appellant has suffered disability of 13.5% the appellant has sustained the injury i.e., Clow left foot and ankle with tear of EHI Compound fracture base of 5th material with severe contamination, closed calcaneal fracture with intra articular extension left heel and Pin point compound segmental fracture ulna with communition with distal 3rd radius fracture right fore arm. The appellant has sustained disability 10.5% to the whole body. He was in-patient for 8 days. For awarding compensation under the head future loss of income the Tribunal has taken income of the injured at Rs.5,000/-. Considering the nature of injuries sustained by the appellant and the year of accident 2012, the notional income of the injured is assessed at Rs.7,000/-. Hence, the appellant is entitled for a sum of Rs.63,000/-(7,000*12*5*15%) towards under the head loss of future income as against Rs.45,000/- awarded by the Tribunal.
7. The appellant is entitled for a sum of Rs.28,000/-(7,000*4) for loss of income during laid up period for 4 months as against Rs.15,000/- awarded by the Tribunal.
8. The appellant is awarded a sum of Rs.40,000/- towards loss of amenities.
9. Accordingly, the appeal is allowed in part.
The appellant is entitled for an enhanced compensation of Rs.71,000/-. The enhanced compensation carries interest at 6% p.a. from the date of petition till the date of payment.
Sd/- JUDGE Nm