IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.6115/2015 (MV) Between:
Obalesh M.V, Aged about 23 years, S/o Veerabhadrappa, R/o Lakshminarasimha Nilaya, Sampige Beedhi, Madhugiri, Tumkur District. …Appellant (By Sri Patel D.Karegowda, Advocate) And:
1. S.Kumar, Aged about 43 years, S/o Siddagangappa, R/o Virupagondanahalli, Dodderi Hobli, Madhugiri Taluk, Tumkur District.
2. IFFCO-TOKIO General Insurance Co. Ltd., No.41, Sri Shanthi Towers, 4th Floor, 3rd Main, East NGEF Layout, Kasthurinagar, Bengaluru-560 043. …Respondents (By Sri D. S. Sridhar, Advocate for R2;
Notice to R1 dispensed with vide order dt:02.09.2016) This MFA is filed u/s 173(1) of MV Act against the Judgment and Award 22.04.2015 passed in MVC No.72/2014 on the file of the Court of the Additional Senior Civil Judge and MACT-XIII at Madhugiri, partly allowing the claim petition for compensation and seeking of enhancement.
This appeal coming up for Admission this day, the court delivered the following:
JUDGMENT Appeal is by the claimant/appellant against the judgment and award dated 22.04.2015 passed in MVC No.72/2014 on the file of the Court of the Additional Senior Civil Judge and MACT-XIII at Madhugiri, partly allowing the claim petition for compensation. The appellant has sought for enhancement. Accident is of the year 2013.
2. Learned counsel for the appellant submits that the compensation awarded by the Tribunal on all the heads is on the lower side and same has to be enhanced.
3. Learned counsel for the respondent-Insurer supports the judgment and award passed by the Tribunal and sought for dismissal of the appeal.
4. The claimant/appellant has suffered injuries in the motor vehicle accident occurred on 18.10.2013. The claimant has filed claim petition before the Tribunal seeking for compensation. In support of his claim, he has examined the Doctor as PW2. For the purpose of assessing disability, the Doctor has deposed that the injured has suffered 20% disability to the limb and considering the evidence of the Doctor and medical records, the Tribunal has assessed 15% disability. It is also observed that there is shortening of right lower limb. The Tribunal has assessed income at Rs.4,000/-
p.m and has awarded compensation of Rs.86,400/- under the head Loss of income on account of disability. The submission of the appellant is that the Tribunal has not awarded any compensation under the head Loss of future income by assessing income at Rs.8,000/- p.m.
since the accident is of the year 2013. It is stated in the claim petition that the claimant was working as a Cashier in a Bar and Restaurant.
5. Learned counsel for the respondent-Insurer submits that since the claimant himself admitted that he was working as Cashier in a Bar and Restaurant, the injury does not come in the way of reducing his income.
6. I have heard learned counsel for both sides and I have gone through the materials available on record.
7. On considering the oral & documentary evidence and injuries sustained by the claimant, the Tribunal has awarded total compensation of Rs.2,25,843/- and the compensation awarded by the Tribunal under the all heads is just and proper. Though the claimant may succeed for enhancement in terms of few thousand rupees, which is not substantial in nature. The Hon’ble Supreme Court also held that suffering disability is not a ground for awarding compensation under the head Loss of future income, unless and until, it is proved that he suffered or deprived of income by virtue of the injuries. The said evidence is not available on record and hence the question of awarding compensation under the head Loss of future income does not arise at all. Therefore, I don’t find any good ground to interfere with the Judgment and Award passed by the Tribunal.
Hence, the appeal stands dismissed.
Sd/- JUDGE DL