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.1769/2015 [MV/SJ] BETWEEN :
H.G. VINOD KUMAR, S/O. VEERASWAMY, AGED ABOUT 24 YEARS, AGRICULTURIST BY OCCUPATION, R/O. HOOVINAHOLE VILLAGE, HIRIYUR TALUK, CHITRADURGA DISTRICT – 572 143. (BY SRI SHASHIDHARA R., ADV.) AND :
1. MANJUNATHA G.S., S/O. SHIVANNA, MAJOR, RC OWNER OF JCV BEARING NO. KA-16/A-7889, R/O. KOVERAHATTY VILLAGE, HIRIYUR TALUK – 572 143.
2. AUTHORIZED MANAGER, CLAIM SETTLE OFFICER, ...APPELLANT THE IFFCO TOKIO GENERAL INSURANCE CO. LTD., SRI SHAKTHI TOWERS, 5TH FLOOR, 141, 3RD MAIN, EAST-OFF, N.G.E.F. LAYOUT, KASTURI NAGAR, BANGALORE – 43.
…RESPONDENTS (BY SRI PRADEEP, ADV. FOR R-2 NOTICE TO R-1 D/W. V/O. DTD.2.09.2015) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 14.01.2015 PASSED IN MVC NO.160/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, MEMBER, ADDITIONAL MACT, HIRIYUR, 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 challenging the Judgment and Award dated 14.01.2015 passed by the Senior Civil Judge and Addl. MACT at Hiriyur in MVC No.160/2014 seeking enhancement of compensation.
2. It is the case of the appellant that he has sustained grievous injuries in a motor cycle accident occurred on 12.08.2013. The appellant filed claim petition before the Tribunal seeking compensation. The Tribunal has awarded a compensation of Rs.2,10,200/-.
3. The learned counsel for the appellant submitted that the compensation awarded by the Tribunal is on the lower side and sought to enhance the same.
4. The learned 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 the sides and perused the Judgment and Award passed by the Tribunal. It is seen that the appellant has sustained fracture injuries i.e., fracture of proximal tibia with partial injury, right side treated inter condoler fixation with screw and external fixation wound debnridement etc. The evidence of the doctor shows that there is disability of 30% to the whole body but the Tribunal has assessed the same at 10%. Though the appellant-claimant has claimed income at Rs.8,000/-p.m., he has not proved the same. The Tribunal has taken income at Rs.4,500/- which is on the lower side.
6. Considering the year of accident as 2013 and the place of residence, I am inclined to take the notional income of the injured at Rs.8,000/- is taken for the purpose of awarding compensation towards loss of future income on account of disability. Hence, the appellant is entitled for a sum of Rs.1,72,800/- (Rs.8,000X10X12X18%) towards loss of future income. The appellant was in-patient for 3 months. Hence, the appellant is entitled for a sum of Rs.24,000/- (Rs.8,000X3) towards loss of income during laid up period. The appellant is also entitled for another sum of Rs.5,000/- towards attendant charges and another sum of Rs.10,000/- towards traveling expenses.
7. Accordingly, the appeal is allowed in part.
The appellant is entitled for enhanced compensation of Rs.1,14,600/- in addition to the compensation 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