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.1049/2015 [MV] BETWEEN :
MR. GURURAJ S/O LATE B RAMAPPA AGED ABOUT 46 YEARS R/O YOGINI COMPOUND KULASHEKARA POST BIKARNAKATTE MANGALORE TALUK, D.K. – 575 008 ...APPELLANT (BY SRI G.RAVISHANKAR SHASTRY, ADV.) AND :
1. THE PRINCIPAL KARAVALAI INSTITUTE OF TECHNOLOGY PADU PADAMALE POST VIA NEERMARGA, MANGALORE TALUK D K DISTRICT.
2. IFFCO TOKIO INSURANCE CO. LTD., 1ST FLOOR, SHANKARMUTTA ROAD MYSORE REPRESENTED BY ITS BRANCH MANAGER …RESPONDENTS (BY SRI B C SEETHARAMA RAO, ADV., FOR R2;
VIDE ORDER DATED 13.01.2017 NOTICE TO R1 IS DISPENSED WITH) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 12.11.2014 PASSED IN MVC NO.1251/2013 ON THE FILE OF THE VI ADDITIONAL DISTRICT & SESSIONS JUDGE, AND MEMBER, MACT, D.K, MANGALORE, 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 seeking enhancement of compensation against the Judgment and Award dated 12.11.2014 in MVC No.1251/2013 passed by the IV Additional District and Sessions Judge and Member, MACT, D.K., Mangalore.
2. It is the case of the appellant that when the appellant was pillion rider going in a motor cycle on 03.08.2013, the accident had occurred near Nanthoor circle, when the bus came from opposite direction and dashed against the motor cycle. The appellant fell down and sustained fracture of 6th rib with head injury with left fibula fracture. The disability is assessed at 10%. The Tribunal has awarded a compensation of Rs.50,000/-. Aggrieved by the same this appeal is filed.
3. The learned counsel for the appellant submitted that the compensation awarded by the Tribunal on all the heads is on the lower side.
4. The leaned counsel for the respondents sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
5. I have heard learned counsel for both sides.
It is seen that the appellant has sustained fracture of 6th rib with head injury with left fibula fracture. The disability is assessed at 10%. Looking to the nature of the injuries sustained by the appellant and the evidence of the Doctor, I am inclined to award another sum of Rs.20,000/- towards Pain and suffering and another sum of Rs.25,000/- towards loss of future amenities. The appellant is also entitled for Rs.21,000/- towards loss of income during laid up period. The MACT has taken disability at 10% which is not discussed in detail.
Hence, the appellant is entitled for Rs.25,000/- towards loss of future income.
6. Hence, the appeal is allowed in part. The appellant is entitled for a sum of Rs.1,41,000/- as against Rs.50,000/- awarded by the Tribunal. The enhanced compensation amount carries interest at 6% p.a., from the date of petition till the date of payment.
Sd/- JUDGE Nm