IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06th DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY M.F.A. No.7037/2015 [MV] BETWEEN :
Kenchappa S/o Guddepuraiah @ Guddelingaiah Aged about 67 years R/at Mottedoddi village K.P.Doddi Post Kylancha Hobli Ramanagara Taluk & Dist PIN : 562 159 ...Appellant (By Sri Shantharaj K, Advocate) AND :
1. Nazeer Ahmed S/o Abdul Salam Aged Major R/at No.53, Ward No.4 Beedi Colony Chikkamandya Mandya District- 571 401 2. The Manager United India Insurance Co. Ltd., No.1119 BMC Road, Mandya- 571401 …Respondents (By Sri C Shankara Reddy, Advocate for R2 & R-1 notice dispensed with) This M.F.A. is filed under Section 173(1) OF M.V.Act against the Judgment and award dated 01.07.2015 passed in MVC No.70/2013 on the file of the Additional Senior Civil Judge, Ramanagara, 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 This appeal is filed by the appellant seeking enhancement of the compensation against the judgment and award passed by the Additional Senior Civil Judge, Ramanagara, in M.V.C.No.70/2013 awarding compensation of Rs.1,86,870/-.
2. The appellant has sustained grievous injuries in a motor vehicle accident that occurred on 19.01.2013 when he went to Chickmalur in his two wheeler and when he reached B.M.Road in Ramanagara, the driver of the car bearing No.KA-04-B- 2297 came in high speed and in a rash and negligent manner and dashed against the appellant. The appellant fell down and sustained grievous injuries all over the body and he was taken to Government Hospital, Ramanagara and then shifted to KIMS Hospital, Bengaluru. The appellant has spent Rs.1,50,000/- for his treatment and other expenses.
3. The learned counsel for the appellant has produced the wound certificate issued by the doctor and the doctor PW-2 has deposed that the injured has suffered i) CLW parietal aspect left heel 1 x 2 Cms. ii) CLW over left parietal region 4 x 3 cms. iii) Segmental fracture left femur and iv) Simalleolar fracture right ankle. The evidence of the doctor shows that the appellant has sustained 40% to the left lower limb disability, 25% to the right lower limb and 12% and 8% to the whole body. To prove his income he has produced Ex.P10, Ex.P11 and Ex.P12. The appellant was doing a milk vending business and carpenter work and earning income of Rs.15,000/- per month. The Tribunal has assessed the disability at 10%, but the evidence of the doctor PW2 shows that the disability is because of age and injuries suffered in the accident. The Tribunal has taken the income of the injured at 4,500/- per month.
4. The learned counsel for the appellant submitted that the Tribunal ought to have assessed the disability of the appellant at 20% and income has to be taken at 15,000/- per month as he has proved his income.
5. The learned counsel for the respondents sought to support the judgment and award of the Tribunal.
6. I have heard the learned counsel for both sides. In the claim petition the appellant has stated that he was proceeding on his two wheeler to Chickmalur. That itself shows that he was in a position to move from place to place and also capable to ride the two wheeler and it is sufficient to show that he must be earning some amount. Even though the appellant has not proved that he was working as carpenter and earning income, this Court considering the relevancy of year of accident as 2013, size of the family, place of residence and index price, is assessing the income of the injured at Rs.7,500/-. Hence, the income of the appellant is assessed at Rs.7,500/-. The disability of the appellant is assessed at 10%. Hence, the appellant is entitled for a sum of Rs.63,000/- (Rs.7,500 x 10/100 x 12 x 7) towards loss of future income on account of disability as against Rs.37,800/- granted by the Tribunal. I am inclined to grant another sum of Rs.20,000/- towards pain and suffering. A sum of Rs.22,500/- is granted towards loss of income during laid up period as against Rs.13,500/- granted by the Tribunal.
7. The appeal is allowed in part. The appellant is entitled for enhancement of compensation of Rs.54,200/- with interest at 6% per annum from the date of petition till the date of payment.
Sd/- JUDGE Nm