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.554/2015[MV] BETWEEN :
P. SRINIVASA, S/O PURTTAPPA, AGED ABOUT 37 YEARS, R/O KOLI BURUJANAHATTI, KAMBALI BEEDI, CHITRADURGA TOWN – 577501. (BY SRI. B. PRAMOD, ADV.) AND :
1. G.R. SIDDAPPA, S/O REVAPPA, MAJOR OWNER OF MARUTI OMIN BEARING REG. NO. KA-17-N-9263, R/O. TOEPNAHALLI POST, SIIDANAMATHA CHANNAGIRI TALUK, DAVANAGERE – 577 525.
2. THE MANAGER, LEGAL IFFCO TOKYO GENERAL INSURANCE CO. LTD., SRI. SHANTHI TOWNER, NO. 141, 5TH FLOOR, 3RD MAIN, EAST OF NGEF LAYOUT, KASTURINAGAR, BENGALURU – 560043 PY.NO. 88339355 VALID FROM 5.1.2013 TO 4.1.2014.
... APPELLANT …RESPONDENTS (BY SRI. B.M. SIDDAPPA, ADV. FOR R1. SRI. E.I. SANMATHI, ADV. FOR R2.) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 6.12.2014 PASSED IN MVC NO. 306/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, CJM, MACT-3, CHITRADURGA, 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 06.12.2012 passed by the Principal Senior Civil Judge, C.J.M. & MACT – III, Chitradurga in MVC No.306/2014.
2. It is the case of the appellant that he has sustained grievous injuries in a motor cycle accident occurred on 16.03.2014. The appellant filed claim petition before the Tribunal seeking compensation. The Tribunal has awarded a compensation of Rs.7,51,260/-.
3. The learned counsel for the appellant submitted that the compensation awarded by the Tribunal is on the lower side and sought to enhance the same.
4. The learned counsel for the respondents sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
5. I have heard learned counsel for both the sides and perused the Judgment and Award passed by the Tribunal. It is seen that the accident is of the year 2014. The injured has sustained Crush injury over right ankle and right tibias, fracture of distal 1/3rd of anterior tibia, Tenderness over right hand, allergy, laceration of ankle, right proximal phalanx fracture of middle finger, middle phalanx fracture of ring finger. Though the appellant-claimant has claimed income at Rs.20,000/-, he has not proved the same. The Tribunal has taken the income at Rs.5,500/- which is on the lower side. Considering the year of the accident as 2014 and the place of residence, the notional income of Rs.9,000/- is taken for the purpose of awarding compensation. Hence, the appellant is entitled for a sum of Rs.3,24,000/- (Rs.9,000X20%X12X15) towards loss of future income as against Rs.2,97,000/- awarded by the Tribunal. The appellant was in-patient for 6 months. Hence, awarded a sum of Rs.54,000/- towards loss of income during laid up period, as against Rs.33,000/- awarded by the Tribunal.
6. Accordingly, the appeal is allowed in part.
The appellants are entitled for an enhanced companion of Rs.48,000/- in addition to the compensation awarded by the Tribunal. The enhanced compensation amount carries interest at 6% p.a. from the date of petition till the date of payment.
Sd/- JUDGE Nm