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.2366/2015 [MV] BETWEEN :
MOHAMMED HANEEF S/O ABDUL REHAMAN AGED ABOUT 28 YEARS R/AT NO.111/9, ANJANA NAGARA, PIPELINE, VIDYASHREE SCHOOL NEXT ROAD, MAGADI MAIN ROAD, VISHWANEEDAM POST, BANGALORE-91 PERMANENT ADDRESS:
NO.1-70, KEEVETH THAD, TLANTHIL, BELTHANGADY DAKSHINA KANNADA-574233 ...APPELLANT (BY SRI SHRIPAD V. SHASTRI, ADV.) AND :
1. IFFCO TOKIO GEN. INSURANCE CO. LTD., NO.141, SRI SHANTHI TOWERS, 4TH FLOOR, 3RD MAIN, EAST NGEF LAYOUT KASTURI NAGAR, BANGALORE-43 BY ITS MANAGER 2. Mr. CHETHAN S/O LATE KRISHNE GOWDA MAJOR, R/AT KANAKUPPE HEBBUR HOBLI, TUMKUR TALUK TUMKUR -572101 …RESPONDENTS (BY SRI D.S.SRIDHAR, ADV. FOR R-1;
VIDE COURT ORDER DATED 02.06.2015 NOTICE TO R-2 DISPENSED WITH.) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 03.01.2015 PASSED IN MVC NO.4777/2013 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-4, BANGALORE, 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 The appellant has filed this appeal seeking enhancement of compensation against the Judgment and Award dated 03.01.2015 passed by the Motor Accident Claims Tribunal Court of Small Causes, Bangalore, SCCH-4 in MVC No.4777/2013.
2. It is the case of the appellant that the appellant sustained grievous injuries like pubic symphysis diastasis, fracture of femur right comminuted, fracture femur right patella comminuted, comminuted fracture left tibia, laceration right foream, metacarpal fracture 2nd, 3rd and 4th and injuries to other parts of the body. The appellant was earning Rs.9,000/- p.m. The Doctor who treated the injured has stated that the injured has undergone surgeries and incurred more than Rs.2,35,000/- and the same has been accepted by the respondent-Insurance Company. The Tribunal has awarded compensation of Rs.8,25,000/-. Aggrieved by the same, the appellant has filed this appeal seeking enhancement of compensation.
3. The grounds urged by learned counsel for appellant is that the Tribunal has taken income of injured at Rs.6,000/- p.m. which is on the lower side. The appellant has examined Doctor as Ex.PW4 and produced Ex.P6 – copy of the wound certificate and Exs.P12 & P16 – medical bills. Considering the nature of the injuries sustained by the appellant, the Tribunal has assessed disability of the injured at 25% which is sound and proper. Considering the year of the accident and place of residence the income of the injured is taken at Rs.8,000/- p.m. Hence, the appellant is entitled for a sum of Rs.4,32,000/- (Rs.8,000X12X18X25%) towards loss of future earnings due to disability as against Rs.3,24,000/- awarded by the Tribunal. The appellant is entitled for a sum of Rs.48,000/-(Rs.8,000X6) towards loss of income during laid up period instead of Rs.36,000/- awarded by the Tribunal.
4. Accordingly, the appeal is allowed in part.
The appellant is entitled for enhanced companion of Rs.1,20,000/- which carries interest at 6% p.a. from the date of petition till the date of payment.
Sd/- JUDGE Nm