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.2156/2012 (MV) BETWEEN:
DHARANESHA @ DHARANEDRAPPA S/O PURADAPPA AGED 43 YEARS, AGRICULTURIST, R/O NAGENAHALLI VILLAGE, HOLALKERE TALUK, CHITRADURGA DSITRICT-577526 …APPELLANT (BY SRI B.L.KUMAR, ADV.) AND:
1. B MANJUNATH SINGH S/O BHEEMA SINGH AGE 38 YEARS, R/O THIRUVALLUVAR STREET, HULIYAR ROAD, HIRIYUR, CHITRADURGA-577626 OWNER OF LORRY REG.NO.KA-10/1209 2. THE DIVISION MANAGER THE NEW INDIA ASSURANCE CO. LTD., A.M.ARCADE, NEAR VIDYARTHI BHAVAN, C.J.HOSPITAL ROAD, DAVANAGERE-577 001 …RESPONDENTS (BY SRI C.R.RAVISHANKAR, ADV. FOR SRI RAVI S. SAMPRATHI, 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 08.08.2011 PASSED IN MVC NO.495/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE & ADDL. MACT, HOLALKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION 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 and disposed of finally.
2. The claimant aggrieved by the quantum of compensation awarded by the Tribunal has preferred this appeal seeking enhancement of compensation.
3. As there is no dispute regarding certain injuries sustained by the claimant in a road traffic accident that occurred on 15.03.2009 due to rash and negligent driving of lorry bearing registration No.KA-10/1209 by its driver and liability of the insurer of the said lorry, the only point that arises for consideration in the appeal is:
“Whether the compensation of Rs.44,438/- awarded by the Tribunal with 6% interest per annum is just and reasonable or does it call for enhancement? ”
4. As per Ex.P-12 – wound certificate, claimant had suffered two simple injuries and a fracture of Stigmatic Maxilla. Discharge card at Ex.P-14 reveals that he was treated as inpatient for a period of 16 days at Government Hospital, Hosadurga. The injuries sustained and treatment taken by the claimant are also evident from the medical bills at Ex.P17 to Ex.P51 and Ex.P13 treatment certificate.
5. Considering the nature of the injuries sustained by the claimant, a sum of Rs.35,000/- is awarded towards pain and suffering as against Rs.25,000/-.
6. In so far as medical expenses is concerned, the Tribunal has awarded Rs.13,938/- as per the medical bills produced at Ex.P17 to Ex.P51 which is just and proper and there is no scope for enhancing the same.
7. The claimant was treated as inpatient for 16 days at Government Hospital. Considering the duration of treatment, a sum of Rs.7,500/- is awarded towards incidental expenses such as conveyance, attendant charges and nourishment as against Rs.4,500/- awarded by the Tribunal.
8. The claimant claims to have been earning Rs.6,000/- per month by doing agriculture. He has produced RTCs at Ex.P75 and Ex.P76, which shows that he was owning 2 acres 7 guntas of land. Considering his age as 40, year of accident is 2009 and avocation as agriculturist, his income is assessed at Rs.5,000/- per month, nature of injuries suggest that he must have been under rest and treatment for a period of 3 months and therefore a sum of Rs.15,000/- is awarded for loss of income during the laid up period.
9. PW-6 – doctor has admitted before the Court that Ex.P13 is not the disability certificate and he has not mentioned the percentage of the disability in Ex.P13. For the first time, he has deposed before the Tribunal that, claimant has suffered disability of 30%. Therefore, the Tribunal was justified in not awarding compensation towards loss of future income. Nevertheless nature of injuries sustained by the claimant suggest that he must have some amount of permanent disability and has to undergo certain amount of unhappiness in his future life. Therefore justice would be met if a sum of Rs.30,000/- is awarded towards permanent disability and loss of amenities.
10. Thus, the claimant is entitled for the following compensation:-
HEADS Rs.
1 Pain and sufferings 35,000 2 Medical Expenses and incidental expenses 13,938 3 Incidental expenses 7,500 4 Loss of income during the laid up period 5 Loss of amenities and 15,000 30,000
11. 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.57,000/- with interest at 6% p.a. from the date of claim petition till the date of realisation.
12. 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 the said amount is ordered to be released in favour of the claimant.
No order as to costs.
Sd/- JUDGE NC.