IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL NO.6347 OF 2013 [MV] BETWEEN MR. J.E.JAYAMURTHY, S/O. ERAPPA, AGED ABOUT 47 YEARS, AGRICULTURIST, R/O. GOWRAPURA VILLAGE, AJJAMPURA HOBLI, TARIKERE TALUK, CHIKMAGALUR DISTRICT. ... APPELLANT [BY SRI. RAVIKUMAR N.R., ADVOCATE] AND 1. YADAV, S/O. DEVAIAH, AGED ABOUT 47 YEARS, K.S.R.T.C. BUS DRIVER, BADGE NO.5124, MYSORE 1 DEPOT, MYSORE.
2. THE MANAGING DIRECTOR, K.S.R.T.C DOUBLE ROAD, BANGALORE-560 027.
3. THE MANAGER, UNITED INDIA INSURANCE COMPANY LTD., VINOBHANAGAR, SHIVARAMPET, MYSORE-570 001. ... RESPONDENTS [BY SRI. B.L.SANJEEV, ADVOCATE FOR R2.
SRI. RAMESH BENNI, ADVOCATE FOR R3.
R1-NOTICE DISPENSED WITH VIDE COURT ORDER DATED 16.12.2017] * * * THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.04.2013 PASSED IN MVC NO.657/2009 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND MEMBER, MACT., CHICKMAGALUR, IN PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION, THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though this appeal is listed for admission, the same is taken up for final disposal with the consent of learned counsel appearing on both side.
2. The injured claimant has preferred this appeal, seeking enhancement of compensation awarded by the Tribunal, wherein a total compensation of Rs.1,59,800/- has been awarded with interest at 6% p.a. for the injuries sustained by him in a road traffic accident.
3. I have heard the learned counsel appearing for the appellant as well as the learned counsel appearing for the Insurance Company.
4. The brief facts of the case are that;
On 09.05.2009 at about 8.15 p.m. when the appellant was traveling in a KSRTC bus bearing reg. No.KA-09/F-4190 from Arasikere to Birur, at that time the driver of the said bus drove the same in a rash and negligent manner and dashed against a tractor and trailor bearing reg. No.KA-18/T-3097– 3098. As a result of which, the appellant sustained grievous injuries and he was shifted to Government Hospital, Banavar and from there, to the Government Hospital, Kadur and Apoorva Hospital, Davanagere. He also took treatment at Harappanahalli Ayurvedic Hospital as an in-patient for 45 days. It is the case of the appellant that he was an agriculturist earning a sum of Rs.10,000/- p.m. and due to the accidental injuries he lost the capacity to earn as he suffered permanent disability.
5. The learned counsel for the appellant would contend that the total compensation awarded under different heads are on the lower side and the total compensation is not commensurate with the injuries and the disability suffered by the appellant and accordingly, seeks to enhance the compensation.
On the other hand, learned counsel appearing for the Insurance Company contended that the Tribunal has awarded a just and reasonable compensation and no enhancement is called for. Accordingly, he seeks to dismiss the appeal.
6. According to the appellant he was earning a sum of Rs.10,000/- p.m. by doing agricultural work. However, there is no sufficient evidence to hold that he was earning the said sum. Considering that the accident has occurred in the year 2009 and also considering the avocation of the appellant, the notional income of the appellant is taken as Rs.5,000/- p.m. as against Rs.4,000/- p.m. taken by the Tribunal.
7. The appellant has sustained fracture of left tibia and fibula. According to the doctor-P.W.2, there is a disability to an extent of 40% to the lower limb and 20% to the whole body. The Tribunal has considered the overall evidence on record and assessed the disability at 15% to the whole body, which is just and proper. The appellant was aged 43 years at the time of the accident. The proper multiplier applicable to the age of the appellant is ‘14’. Therefore, the appellant is entitled for a sum of Rs.1,26,000/- [Rs.5,000 x 12 x 14 x 15%] towards loss of income due to disability as against Rs.1,00,800/- awarded by the Tribunal. Considering the nature of injuries suffered, sum of Rs.15,000/- awarded towards pain and suffering is enhanced to Rs.35,000/-. A sum of Rs.6,000/- awarded towards loss of income during the period of treatment is enhanced to Rs.10,000/-. A sum of Rs.15,000/- awarded towards loss of amenities is enhanced to Rs.25,000/-. The compensation awarded towards medical expenses, food and nourishment is undisturbed. The appellant is therefore, entitled for a total compensation of Rs.2,19,000/- as against Rs.1,59,800/- awarded by the Tribunal. Accordingly, I pass the following:
ORDER The appeal is allowed in part. The Judgment and Award dated 17.04.2013 passed in MVC No.657/2009 on the file of the Additional District Judge and MACT., at Chikmagalur is hereby modified.
The appellant is entitled for a total compensation of Rs.2,19,000/- with interest at 6% p.a. from the date of petition till realization as against Rs.1,59,000/- awarded by the Tribunal.
Respondent No.3/Insurance Company shall deposit the amount within a period of four weeks from the date of receipt of a copy of this Judgment.
Sd/- JUDGE.
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