IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.8228/2015 (MV) Between:
Smt. Indira @ Indramma, W/o Sri. Govindaraju, Age : 39 years, Occ: House Keeping, R/o. No.338, 1st Cross, Behind Anjaneya Temple, Jakkur Layout, Bengaluru-64.
(By Sri. Suresh M. Latur, Advocate) And:
1. Sri. Basavaraj V.S., S/o Sri. Siddappa, Y, R/o No.111, Gladiyola Gardenia, B.D.S. Layout, Rachenahalli, Hegde Nagar, Bengaluru-560 077.
2. The Manager, ICICI Lombard General Insurance Co. Ltd., Hosur Main Road, 2nd Floor, S.V.R. Complex, Madivala, Koramangala, Bengaluru- 560 008.
…Appellant …Respondents (By Sri. A. M. Venkatesh, Advocate for R2; Notice to R1 dispensed with v/o dt:22.06.2017) This MFA is filed u/s 173(1) of MV Act against the Judgment and Award dated 24.06.2015 passed in MVC No.2613/2014 on the file of the XIX Additional Senior Civil Judge & XLI ACMM & MACT, Bengaluru, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This appeal coming up for Admission this day, the court delivered the following:
JUDGMENT Appeal by the injured/claimant as against the judgment and award dated 24.06.2015 passed in MVC No.2613/2014 on the file of the XIX Additional Senior Civil Judge & XLI ACMM & MACT, Bengaluru, partly allowing the claim petition for compensation. The Appellant has sought for enhancement of compensation. The Tribunal has awarded compensation of Rs.1,86,583/- with 6% interest. Accident is of the year 2014.
2. Learned counsel for the appellant submits that the compensation awarded by the Tribunal on all the heads are on the lower side and same has to be enhanced.
3. Learned counsel for the respondent supports the Judgment and award passed by the Tribunal and sought for dismissal of the appeal.
4. I have heard learned counsel for both sides and I have gone through the materials available on record.
5. The claimant/appellant has suffered injuries in the motor vehicle accident occurred on 27.05.2014. It is stated that while she was proceeding on the motorcycle bearing Reg.No.KA-50-Q-7288 as pillion rider, an offending vehicle car bearing Reg.No.KA-03- MB-9913 came from opposite direction with high speed in a rash and negligent manner and dashed to the motorcycle. Due to the said accident, she sustained multiple wound over face, fracture of pelvic bone, fracture of proximal phalanx of right thumb and other grievous injuries all over the body. The Doctor has been examined, who deposed that injured has suffered 35% disability. For the purpose of awarding compensation her income has been assessed at Rs.6,000/- p.m. Avocation as pleaded by the appellant is that she is a maid servant but, her income has not been proved. Under these circumstance, keeping in view year of accident, place, occupation and number of dependants, this Court assesses the notional income at Rs.8,000/- p.m. The claimant has claimed disability at 35%. The Tribunal has assessed the disability at 8%. Considering the Medical evidence and deposition of the claimant, I am of the view that disability has to be assessed at 12%. Hence, the compensation under the head loss of income due to disability comes to Rs.1,72,800/- (Rs.8000/12%x12x15) which is rounded up for Rs.1,73,000/- as against Rs.86,400/-. The Tribunal has awarded sum of Rs.12,000/- towards loss of income during treatment period, which is on the lower side and hence, the same is enhanced to Rs.20,000/-. Further, the Tribunal has awarded sum of Rs.40,000/- towards pain & agony, Rs.32,183/- towards medical expenses, Rs.6,000/- towards attendant charges and Rs.10,000/- towards food and nourishment, which are just and proper and hence, they remain unaltered.
Accordingly, the appeal is allowed in part.
Therefore, the claimant is entitled for total compensation of Rs.2,81,183/- as against Rs.1,86,583/- which shall carry interest at 6% p.a. from the date of petition till the date of realization.
Sd/- JUDGE DL