IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2017 BEFORE THE HON' BLE MR. JUSTICE L. NARAYANA SWAMY M.F.A. No.4723 OF 2016 (MV - I) BETWEEN:
MANJU H AGED ABOUT 41 YEARS S/O HULYAPPA R/O TAVANANDI VILLAGE KUPPAGADDE HOBLI SORABA TALUK SHIVAMOGGA DISTRICT – 577 429 ... APPELLANT (BY SRI.CHIDAMBARA S, ADV.,) AND:
1. SUBHASHCHANDRA AGED ABOUT 43 YEARS S/O RAMAPPA R/O JIRALEKOPPA KASABA HOBLI SORABA TALUK SHIVAMOGGA DISTRICT – 577 429 2. GANGADHARA AGED ABOUT 57 YEARS S/O BANGARAPPA R/O HUNAVALLI VILLAGE ULAVI HOBLI, SORABA TALUK SHIVAMOGGA DISTRICT – 577 429 3. THE NATIONAL INSURANCE COMPANY LTD 1ST FLOOR, S.S.COMPLEX B.H.ROAD SHIVAMOGGA – 577 201 ... RESPONDENTS (BY SMT. MANJULA N TEJASWI, ADV., FOR R3) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.11.2015 PASSED IN MVC NO.143/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, ADDITIONAL MACT – 13, SORABA, 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 filed by the claimant-appellant seeking enhancement of compensation against the judgment and award passed in M.V.C.No.143/2014 by the Senior Civil Judge, Additional MACT-13, Soraba, awarding compensation of Rs.2,97,600/-.
2. The appellant has sustained grievous injuries i.e., Fracture of left humerus and other injuries in the motor vehicle accident that occurred on 12.02.2014 and the doctor –PW2 has examined the injured and found that the injured has suffered 26% limb disability. The appellant was working as licensed contractor in Zilla Panchayat and was earning Rs.30,000/- but the income has not been proved. The income taken by the Tribunal at Rs.6,000/- per month is on the lower side. When a person aged 39 years and when he has produced license, that he was working as licensed contractor, he must be earning some income. Considering the year of accident as 2014 and also the size of the family, place of the residence and price of the index, I am inclined to assess the income of the injured at Rs.9,000/- per month. The disability is assessed at 10%, hence, the appellant is entitled for compensation of Rs.1,62,000/- (Rs.900 x 12 x 15) towards loss of income on account of disability as against Rs.1,08,000/-. The appellant was in-patient for three months, hence he is entitled for a sum of Rs.27,000/- towards loss of income during laid up period. (Rs.9,000 x 3) as against Rs.12,000/-. The compensation awarded under other heads remained unchanged except Rs.30,000/- awarded towards future medical expenses to which the appellant is not entitled and the same is deducted.
3. The appeal is allowed in part. The appellant is entitled for a total compensation of Rs.3,36,600/- as against Rs.2,97,600/- awarded by the Tribunal. The enhanced amount carries interest at 6% per annum from the date of petition till the date of payment.
Sd/- JUDGE Nm