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.289/2016[MV] BETWEEN :
KEERTHINI K.
W/O K KANTHARAJ, AGED ABOUT 26 YEARS, R/O NO.3, MADESHWARANAGARA, VANIVILAS LAYOUT, MYSORE – 560010.
(BY SRI. SREENIVASAN M.Y., ADV.) AND :
1. YOGESH K.H., S/O HONNEGOWDA, MAJOR, R/AT KODISHETTIPURA VILLAGE, K. SHETTIHALLI HOBLI, SRIRANGAPATNA TQ, MANDYA DISTRICT – 571439.
2. THE MANAGER, IFFCO TOKIO GENERAL INS. CO. LTD., NO. 846, NEW KANTHARAJ URS ROAD, NEAR AKSHAYA BHANDARA, KUVEMPUNAGARA, MYSORE – 570019.
... APPELLANT …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADV. FOR R2.
V/O DATED 25/10/16 R1 NOTICE D/W.) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 26.09.15 PASSED IN MVC NO. 766/14 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, PARTLY ALLOWING THE CLAM 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 26.09.2015 passed by the Additional Senior Civil Judge MACT, Srirangapatna in MVC No.766/2014.
2. It is the case of the appellant that he has sustained grievous injuries in a motor cycle accident occurred on 01.06.2014. The appellant filed claim petition before the Tribunal seeking compensation. The Tribunal has awarded a compensation of Rs.2,96,210/-.
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 sides and perused the Judgment and Award passed by the Tribunal. It is seen that the Tribunal has taken income of Rs.6,500/- p.m. which is on lower inside. The accident is of the year 2014. The injured has sustained Pain and swelling on the upper hand, deformity and unable to move shoulder, tenderness present over the hand and mobility was restricted. As per the X-ray report the doctor found commuted fracture of upper shaft femur. Though the appellant-claimant has claimed income at Rs.10,000/-, he has not proved the same. Considering the year of the accident as 2014 and the place of residence, the notional income of the injured is taken at Rs.9,000/- for the purpose of awarding compensation. Hence, the appellant is entitled for a sum of Rs.2,01,960/- (Rs.9,000X11%X12X17) towards loss of future income as against Rs.1,45,860/- awarded by the Tribunal. The appellant was in-patient for 2 months. Hence, awarded a sum of Rs.18,000/- towards loss of income during laid up period as against Rs.13,000/- awarded by the Tribunal. Compensation awarded by the Tribunal on other heads is confirmed.
6. Accordingly, the appeal is allowed in part.
The appellant is entitled for an enhanced compensation of Rs.61,100/- 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