IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.6758 OF 2015 (MV) BETWEEN:
CHINNAMMA W/O. LATE MADHU, AGED ABOUT 42 YEARS, RESIDING AT NO.146, CHAMUNDINAGAR SLUM, 3RD CROSS, BSK III STAGE, BANGALORE.
AND:
(BY SRI BHUSHANI KUMAR, ADVOCATE) ... APPELLANT 1. THE MANAGER UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD., NO.7/3, KUD TOWER, 2ND FLOOR, OLD MADRAS ROAD, INDIRANAGAR, BANGALORE.
2. M/S. HARI ENTERPRISES PROPRIETOR CHANNEGOWDA, NO.9/10 , 100 FEET RING ROAD, OPPOSITE PES COLLEGE, HOSAKEREHALLI, BANGALORE.
... RESPONDENTS (BY SRI RAVI S. SAMPRATHI, ADVOCATE R-1; & SRI MADHUKAR NADIG, ADVOCATE FOR R-2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 25-2-2015 PASSED IN M.V.C. NO.6251 OF 2013 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE & XXXIV A.C.M.M., MEMBER, M.A.C.T-7, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
J U D G M E N T Aggrieved by the compensation of Rs.1,85,114/-, the claimant/appellant has challenged the judgment and award dated 25-2-2015, passed by the IX Additional Small Causes and Additional Motor Accident Claims Tribunal, Bangalore, in M.V.C. No.6251 of 2013.
2. The brief facts of the case are that on 23-9-2013 at about 11:30 a.m., the appellant and her cousin, namely Thirupathi, were standing on the side of the road, near P.E.S. I.T. College. At that time, one Goods Luggage Auto, bearing Registration No.KA-41 6377, driven by its driver, in a rash and negligent manner, came from west side towards east side and dashed against the appellant.
Due to the impact, the appellant fell down and her left leg trapped under the said Auto and she was dragged few feet away from the accident spot. As a result, the appellant sustained crush injury over the left foot, compound fracture of 2nd, 3rd, 4th and 5th metacarpal, fracture of left lateral mallelous and other injuries all over the body. The appellant filed a claim petition before the Tribunal. By award dated 25-2-2015, the Tribunal has awarded compensation as aforementioned. Hence, this appeal before this Court.
3. I have gone through the judgment and award passed by the Tribunal. The only ground, according to the appellant, on which she seeks enhancement, is towards ‘loss of future income’, and ‘loss of income during laid up period’.
4. Considering the nature of injuries suffered and evidence of the doctor P.W.2, the disability is assessed at 15%. The Tribunal has assessed the monthly income at Rs.4,500/-. Taking into consideration, the year of accident and place of residence, it is reasonable to assess the monthly income at Rs.7,500/-. Hence, ‘loss of future income’ works out to Rs.2,02,500/- (Rs.7,500 x 15/100 x 12 x 15) as against Rs.81,000/- assessed by the Tribunal. The consequential compensation towards ‘loss of income during laid up period’ works out to Rs.45,000/- (Rs.7,500 x 6 months) in place of Rs.27,000/- awarded by the Tribunal. Thus, the enhanced compensation comes to Rs.1,39,500/-.
5. Accordingly, the appeal is party allowed. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The appellant is entitled for an additional compensation of Rs.1,39,500/- (Rupees one lakh thirty-nine thousand five hundred only) with interest at the rate of 6% per annum from the date of claim petition till the date of realisation.
Sd/- JUDGE kvk