IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.496/2019(MV) BETWEEN:
G.N.SHEKAR @ CHANDRASHEKHAR S/O G.NARAYANAPPA, AGED ABOUT 32 YEARS R/O BHOVI COLONY, B.H.ROAD, PAVAGADA RURAL-561 202, TUMKUR DISTRICT. ..APPELLANT (BY SRI R SHASHIDHARA, ADVOCATE) AND:
1 . SANNERAPPA S/O NAGAPPA, AGED ABOUT 48 YEARS R/O MARADASANAHALLI, Y.N.HOSAKOTE POST, PAVAGADA TALUK-561 202.
2 . THE NATIONAL INSURANCE CO. LTD., KASTURI MANSION, MG ROAD, BEHIND KRISHNA TALKIES, ABOVE CORPORATION BANK, TUMKUR-572 101. ..RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST JUDGMENT AND AWARD DATED 25.07.2017 PASSED IN MVC NO.810/2015 ON THE FILE OF SENIOR CIVIL JUDGE & JMFC, PAVAGADA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though the appeal is listed for orders on I.A., in the nature and circumstances of the case I.A.1/2019 is allowed. Delay of 385 days in filing the appeal is condoned. The matter is taken up for final disposal.
Appeal is directed against the Judgment and award dated 25.07.2017 passed in MVC No.810/2015 by the Senior Civil Judge and MACT, Pavagada, wherein claim petition came to be allowed in part and an amount of Rs.4,00,000/- with interest at the rate of 6% p.a. from the date of petition till realisation came to be granted to the petitioner. Being not satisfied with the quantum of compensation, petitioner has preferred this appeal seeking enhancement.
2. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
3. Road Traffic accident is dated 25.01.2015 when the petitioner went along with his friend namely Ramanji and Hanumantharaya to attend a marriage function of their relatives at Maridsanahalli Village and after marriage function they were returning on motorcycle bearing registration No.KA-06-/S-4634 Ramanji was riding the vehicle and when they reached Hanmanthanahalli Saravatapura Road near Anjaiah land from Saravatapura gate a Tractor bearing registration No.AP-04/S-9466 and trailor bearing registration No.AP-04/S-9465 was driven by the driver in a rash and negligent manner and dashed against the vehicle on which the petitioner was traveling because of which petitioner fell down and sustained grievous injuries and had to undergo medical treatment and incurred expenses.
4. Learned Member of the Tribunal after considering the disability of 41.52% to particular limb and 13.84% to the whole body as assessed by the Doctor, has considered permanent disability of the petitioner to the whole body at 8% and granted compensation of Rs.3,98,920/- together with interest at 6% p.a. However the amount is rounded of to Rs.4,00,000/-. The break up of compensation granted by the Tribunal is as under:
SL.NO. DESCRIPTION AMOUNT 1. Pain and sufferings Rs. 75,000/-
2. Loss of income on account of permanent disability Rs. 97,920/-
3. Permanent disability Rs. 50,000/-
4. Loss of income during the period of treatment Rs. 6,000/-
5. Medical expenses Rs.1,45,000/-
6. Attendant Charges Rs. 5,000/-
7. Loss of amenities Rs. 20,000/- Total Rs.3,98,920/-
5. The injuries suffered by the petitioner are:
Fracture femur right, fracture of shaft of humerus right.
6. Learned counsel for appellant Sri Shashidhara would submit that the compensation assessed towards loss of income due to disability should have been considered at proper and regular manner. But the learned Member has faulted in considering at 8% and that has resulted in drastic reduction in quantum of compensation. Learned counsel would further submit that over all amount of compensation considering all the heads is on the lower side. They require to be increased.
7. Sl.Nos.3 and 4 are necessary to be focused. The income of the petitioner is considered by the Member at Rs.6,000/- per month. Considering the injured was working as assistant cook, compensation granted under loss of income due to disability is calculated at 8% of Rs.6,000/- = 480x12x17=Rs.97,920/-.
Incidentally the next head on which compensation is granted is permanent disability. Learned Member has granted another Rs.50,000/- towards permanent disability when added to the compensation granted under the said head loss of income due to disability comes to Rs.1,47,920/- which is sufficient and also maintains the balance on the total amount of compensation to make it just and equitable.
8. However learned Member of the Tribunal shall apply his mind in accordance with the principles of granting compensation with concentration as the compensation under head `loss of income due to disability’ is nothing but permanent disability of the functional head being converted on the total body in accordance with the proportion.
Appeal is liable to be rejected at this stage itself. No further proceedings are necessary. Accordingly appeal is rejected.
Registry to send a copy of the Judgment under this appeal to the learned Member wherever he is working.
Sd/- JUDGE SBN