IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA MFA NO.3823/2014 (MV) BETWEEN:
MANISH KUMAR S/O HANJARI MALL JAIN AGED ABOUT 26 YEARS, R/AT # 379, 3RD CROSS, MASJID ROAD, MANDYA CITY.571427 (BY SMT : ARCHANA MURTHY P) AND 1. VIKAS KUMAR SINGH S/O ARJUN SINGH, AGED ABOUT 34 YEARS, R/AT #MIG 2/2248, M.P HOUSING BOARD, DILAI GURGA DISTRICT, CHATIS GARH STATE-492001 2. THE MANAGER ICICI LOMBARD ZENITH HOUSE, KESHAV RAO KHADE MARG, MAHALAKSHMI, MUMBAI-400034 (BY SRI.B.PRADEEP, ADV. FOR R2 NOTICE TO R1 DISPENSED WITH) ... APPELLANT ... RESPONDENTS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:9.1.2014 PASSED IN MVC NO.136/2010 C/W 135/2010 ON THE FILE OF THE ADDL.SENIOR CIVIL JUDGE & CJM., & MACT, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal.
2. With the consent of the learned counsels appearing for the parties, the appeal is heard and disposed of finally. Perused the judgment and award passed by the Tribunal.
3. For the sake of convenience, parties are referred to as they are referred to in the claim petition before the Tribunal.
4. As there is no dispute regarding certain injuries sustained by the claimant in a road traffic accident occurred on 13.11.2009 due to rash and negligent driving of the offending Tractor-Trailor bearing No.CG- 04-G-8675 by its driver and liability of the insurer of the offending vehicle, the only point that arises for consideration in the appeal is:
“Whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?”
5. As per wound certificate Ex.P-4, the claimant had sustained following injuries:-
a) Lacerated wound over the left side fact, cheek, left ear with clotted blood b) Tenderness present over right shoulder joint, right elbow with right In the wound certificate, it is mentioned that according to Ortho-surgeon opinion and X-ray No.2225, the claimant has sustained fracture of scapula right and acromio clavicular joint disruption with ligament tear. Injury No.1 is described as simple in nature and injury No.2 is described as grievous in nature. The injuries sustained and treatment underwent by the claimant are also evident from medical bills Ex.P-6, photos and negatives Ex.P-7, medical certificate Ex.P-8 and X-ray Ex.P-9 and corroborated by oral evidence of the claimant examined as PW-1. Claimant has not chosen to examine the doctor, who treated him regarding disability.
7. Considering the nature of injuries, a sum of Rs.30,000/- is awarded towards ‘pain and suffering’ as against Rs.20,000/- awarded by the Tribunal.
8. The claimant has produced medical bills for Rs.43,207/-. He was treated as inpatient for a period of 5 days in Mandya District Hospital. Considering the nature of injuries and duration of treatment, a sum of Rs.50,000/- is awarded towards ‘medical and incidental expenses’ as against Rs.40,000/- awarded by the Tribunal.
9. In the absence of proof of income, considering his age as 22 years, year of accident as 2009 and avocation as daily wager, his income could be assessed at Rs.5,000/- per month. The nature of injuries suggest that he must have been under rest and treatment for a period of 4 months and therefore a sum of Rs.20,000/- is awarded towards ‘loss of income during laid up period’.
10. In the absence of evidence of doctor regarding disability and its impact on future life and earning capacity of the claimant, no compensation can be awarded towards “loss of future income” and “loss of amenities”.
11. The claimant has produced receipts amounting to Rs.4,269/- for getting his damaged vehicle repaired. Considering the same, Rs.4,269/- is awarded towards ‘cost of repairs of his motorcycle.
12. Thus, the claimant is entitled for the following compensation:-
LESS: Compensation awarded by the Tribunal 62,000 BALANCE 42,269 13. Accordingly, the appeal is allowed-in-part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimant is entitled for an additional compensation of Rs.42,269/- with interest at 6% p.a. from the date of claim petition till the date of realisation.
14. The Insurance Company is directed to deposit the additional compensation amount together with interest within two months from the date of receipt of a copy of this judgment and the same is ordered to be released in favour of the claimant.
No order as to costs.
SD/-
JUDGE DM