IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY 2019 BEFORE THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR MFA NO.7190 OF 2016 BETWEEN:
NEELAPPA S/O. LATE MALLANNA AGED ABOUT 27 YEARS R/AT NO.42/B, 7TH MAIN ROAD RVS SCHOOL, LAKSHMIDEVINAGAR NANDINI LAYOUT, BENGALURU – 560 096 (BY SHRI SHASHIDHARA R., ADVOCATE) …APPELLANT AND:
1. NARASE GOWDA S/O. NARASAIAH AGE MAJOR, R/AT. CHOLANAYAKANAHALLI MAGADI TALUK, RAMANAGAR DISTRICT OWNER OF BUS BEARING REG NO.KA-42/2706, PIN-562 120 2. THE REGIONAL MANAGER IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD, 141, SHANTHI TOWER 5TH FLOOR, 4TH CROSS, EAST OF NGEF LAYOUT, KASTURINAGAR, BENGALURU-43 … RESPONDENTS (BY SHRI D.VIJAYAKUMAR, ADVOCATE FOR R2; V/O/DT. 10/7/2019 NOTICE TO R1 D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.08.2016 PASSED IN MVC NO.2256/2014 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSE JUDGE AND XXXIII ACMM, MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
JUDGMENT Heard Shri Shashidhara R, learned advocate for appellant and Shri D.Vijayakumar, learned advocate for respondent No.2.
2. This appeal is presented by an injured claimant seeking enhancement of compensation challenging the judgment and award dated 01.08.2016 passed in MVC No.2256/2014.
3. Learned advocate for the appellant has urged following contentions:
that claimant has suffered Grade-I compression fracture T12 vertebral, Grade-I compression fracture L2 vertebral and contusion of right lumbar region;
that he has spent huge sum towards medical expenses during treatment as an inpatient and also during post treatment period; and that the tribunal has construed his monthly income at Rs.6,000/- per month and the same is on the lesser side. Therefore, he is entitled for enhancement of compensation.
4. Shri D.Vijayakumar, learned advocate for respondent No.2 argued in support of the impugned judgment and award.
5. I have carefully considered rival contentions and perused the records.
6. The claimant has suffered injuries mentioned herein above. The medical expenses in a sum of Rs.78,000/- has been awarded in full.
7. Shri D.Vijayakumar, learned advocate does not dispute the submission made on behalf of claimant that fractures of this nature take about four months to heal.
8. Learned advocate for the appellant is right in his submission that no compensation is paid towards ‘loss of income during treatment period’. Further, compensation towards ‘’food and nourishment is also less. In addition, the Tribunal has not awarded any compensation towards loss of earning capacity during the laid-up period. No evidence was brought before the Tribunal to prove the earning capacity of claimant. The accident occurred on 24.12.2013. Considering the year of accident as 2013, the earning capacity of an able-bodied person in the absence of any documentary evidence is construed at Rs.8,000/- per month.
9. In the circumstances, the quantum of compensation is re-computed as follows:
1. Pain and suffering : Rs.50,000/-
2. Medical Expenses : Rs.78,000/-
3. Food and nourishment : Rs.15,000/-
4. Loss of amenities : Rs.40,000/-
5. Loss of earning during the laid-up period (Rs.8000/- x 4 months) : Rs.32,000/-
TOTAL : Rs.2,15,000/-
Less: compensation awarded by the Tribunal : Rs.1,33,000/-
Enhanced compensation : Rs.82,000/-
10. Hence, the following order:
(i) The appeal is allowed in part.
(ii) A sum of Rs.82,000/- payable with interest at 6% p.a. from the date of claim petition till the date of deposit is awarded in addition to what is awarded by the Tribunal.
(iii) The Insurer is held severally and jointly liable to pay the compensation and accordingly, the insurer is directed to deposit the total compensation of Rs.2,15,000/- with interest at 6% p.a. from the date of petition till the date of deposit before the Tribunal excluding the compensation if any, paid/deposited earlier, within a period of eight weeks from the date of receipt of a copy of this order.
(iv) Compensation shall be disbursed as ordered by the Tribunal.
No costs.
Sd/-
JUDGE HJ