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 MISCELLANEOUS FIRST APPEAL No.1160/2016 (MV) BETWEEN:
KRISHNAPPA @ MUNIKRISHNAPPA S/O. LINGAPPA, AGED ABOUT 66 YEARS, R/AT JOGIMATTI ROAD, 5TH CROSS, CHITRADURGA - 577 501.
... APPELLANT (BY SMT.SPOORTHY HEGDE N, ADV.) AND:
1. IFFCO TOKIO GEN. INSU. CO. LTD. REP. BY ITS MANAGER, NO.8, 3RD FLOOR, KSCMF BUILDING, NEXT TO HOTEL CHANDRIKE, CUNNINGHAM ROAD, BANGALORE - 560 052.
2. C.JAYALAKSHMI @ C. VIJAYALAKSHMI W/O. T.L. SHIVANAND, AGED ABOUT 36 YEARS, OWNER OF THE CAR, BEARING REG.NO.KA-16/M-6963, VIRUPANNA ENN. MILL, HIRIYUR TOWN - 572 143.
... RESPONDENTS (BY SRI. E I SANMATHI, ADV. FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:07.11.2015 PASSED IN MVC NO.124/2015 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND IV MACT, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T For the accidental injuries sustained in the road traffic accident that took place on the appellant filed claim petition before the 1st Additional Senior Civil Judge and IV Motor Accident Claims Tribunal at Chitradurga, the Tribunal awarded compensation of Rs.3,10,000/-. Being not satisfied with the compensation awarded, the claimant has preferred this appeal seeking enhancement.
2. The learned counsel for the appellant submits that the compensation awarded by the Tribunal is on the lower side. As regards to the gravity of injury, the amount awarded under the head pain and suffering is too meager. He submits that the appellant was an inpatient for fifteen days and the Tribunal has not awarded any amount towards food, nourishment and incidental expenses. He also submits that the Tribunal has not awarded any amount towards loss of income due to disability. Hence, seeks enhancement in the compensation.
3. The learned counsel appearing for the respondent- Insurance submits to dismiss the appeal. He submits that the Tribunal, after considering the materials placed and the evidence adduced, has awarded the just income and no interference is called for in this appeal.
4. Heard the learned counsel for the parties and gone through the judgment. Accident and the injuries suffered are not in dispute. The claimant has suffered comminuted fracture of left tibia, fracture of left knee, fracture of left ankle and fracture of left wrist and other blood injuries all over his body for which he has underwent operation with fixing of rod, plates, wires and screw to his left leg. The claimant has also state that he was earning Rs.10,000/- per month by doing agriculture work. Be that as it may, the injuries suffered by the appellant are grievous in nature. Hence, it is reasonable that some amount needs to be awarded under the head loss of income due to disability. To award the same, though it is claimed that the appellant was earning Rs.10,000/- per month by doing agriculture work, since no documents are produced to that effect, taking the income at Rs.8,500/- per month and also considering the disability at 15%, the compensation works out to Rs.1,07,100/- (Rupees 8,500/- x 15% i.e. Rs.1,275/- x 12 x 17) the same is awarded towards disability. Considering the fact the appellant must have not be able to carry out any one work during the period of treatment, Rs.25,000/- is awarded towards loss of income during laid-up period. Hence, the compensation amount comes to Rs.4,42.100/-. It seen that the Tribunal has awarded Rs.10,000/- towards cost of litigation. The same needs to be deducted, accordingly it is deducted. The compensation awarded by the Tribunal under other heads are retained. In total the compensation would be Rs.4,42,100/- minus Rs.10,000/- which is awarded towards cost of litigation which comes to Rs.4,32,100/-. The same is awarded. The enhanced compensation carries interest at the rate as is awarded by the Tribunal. Amount in deposit is directed to be transmitted to the Tribunal forthwith. In the result, appeal is allowed in part.
lnn Sd/-
JUDGE