IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.7262 OF 2015 (MV) BETWEEN:
K.B.CHANDRAPPA S/O K.H. BASAVARAJAPPA AGED ABOUT 40 YEARS R/O MASEEDI ROAD, HOLALKERE ROAD, NEHRUNAGAR, CHITRADURGA – 577 501 ... APPELLANT (BY SRI.B.PRAMOD, ADV.) AND:
1. MADHUKAR.T S/O THIPPESWAMY S. AGED : MAJOR OWNER OF MOTOR CYCLE REG. NO.KA-16/Q2392, KAVADIGARAHATTY, M.K. HATTI POST, CHITRADURGA TOWN – 577 501 2. THE BRANCH MANAGER IFFCO TOKIO GENERAL INSURANCE CO. LTD. BRANCH OFFICE, K.B. EXTENSION, LAWYER ROAD, DAVANAGERE – 577 002 ... RESPONDENTS (BY SRI.H.N.KESHAV PRASHANTH, ADV. FOR R2; NOTICE TO R1 - SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22.06.2015 PASSED IN MVC NO.77/2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, CHITRADURGA, 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:
J U D G M E N T For the injuries suffered in the road traffic accident, the claimant made claim petition before the Motor Accident Claims Tribunal-V, Chitradurga. The Tribunal, by its judgment and award dated 22nd June 2015 passed in MVC No.77 of 2015 awarded compensation of Rs.8,85,100/- with interest at the rate of 7.5% per annum. Being not with the compensation, the appellant is before this Court in this appeal seeking enhancement in the compensation.
2. The learned counsel for the appellant submits that in the accident the appellant has suffered deep cut wound of 3 x 1 cms of tongue; swelling of left wrist and cut lacerated wound of 5 x 2 cms of left tongue of month, loss of upper incisor; lacertation of upper lip, angulated fracture of 5th metacarpal bone of left hand; dental ellis call-III fracture of 3 21/12/5 5 teeth treated with fixing “k” wire, and the claimant has taken treatment as inpatient for nearly 20 days in Bengaluru and at Chitradurga and has taken follow-up treatments. The learned counsel submits that the appellant was an advocate by profession and was having agriculture lands and though he has claimed that he was earning Rs.15,00,000/- per annum the Tribunal has taken the same at Rs.15,000/- per month which is very meager. He also submits that the compensation awarded under other heads is also meager. He also submits that the interest is to be awarded at 9% as against 7.5% awarded by the Tribunal. Hence he seeks enhancement in the compensation.
3. The learned counsel for the respondent-Insurer submits to dismiss the appeal. He submits that the compensation awarded is just and proper and does not call for interference in this appeal.
4. Heard the learned counsel for the parties and gone through the judgment and award. The accident is not in dispute and the surgery underwent by the appellant is also not in dispute. The Doctors PWs.2, 3 and 4 have deposed that the appellant has suffered 25% disability to his mouth and moderate facial/speech and hearing disability and moderate disfigurement to the left hand. The petitioner is an advocate by profession and it is contended that he is practicing for the past sixteen years at Chitradurga and the said disability might have affected his profession. It is also contended that he has irrigated lands and has produced RTC as per Exhibits P52 and 53 which show that the land is in his name. In that view of the matter, and also considering the year of accident, which is 2014 and also taking note of the age of the appellant, it is apt to take the income at Rs.17,000/- per month. If that is taken, the compensation under the head loss of future income would be Rs.17,000/- x 12 x 15 x 25% which comes to Rs.7,65,000/-. The same is awarded as against Rs.6,75,000/- awarded by the Tribunal. Considering the pain and agony undergone by the appellant, another Rs.30,000/- is awarded under the head pain and suffering. Towards loss of amenities, another Rs.10,000/- awarded. In total, the enhanced compensation would be Rs.1,30,000/- and the same shall carry interest at the rate as is awarded by the Tribunal. Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE Lnn