IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE MISCELLANEOUS FIRST APPEAL NO.1702 OF 2018 (MV) BETWEEN: SMT.PARVATHI W/O. S.NARAYANA DEVADIGA, AGED ABOUT 50 YEARS, R/O. NEAR CHEMPI MILK DAIRY, GUNDMI VILLAGE, SASTHANA POST, UDUPI TALUK AND DISTRICT – 576 226 ... APPELLANT (BY SRI.G.N.MAIYA, ADV. ) AND:
1. MR.MANJUNATH HOLLA S/O. LATE. MUKYAPRANA HOLLA, AGED ABOUT 58 YEARS, R/O. NEAR DIVINE PARK, KARKADA VILLAGE, UDUPI TALUK AND DISTRICT – 576 101 2. THE IFFCO - TOKIO GENERAL INSURANCE COMPANY LTD., 3RD FLOOR, LALBAGH TOWER, BALALBAGH, M.G. ROAD, MANGALORE – 575 003 ... RESPONDENTS (BY SRI.B.PRADEEP, ADV. FOR R2; SRI.P.M.NAYAK, ADV. FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:04.12.2017 PASSED IN MVC NO.435/2016 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI,(SITTING AT KUNDAPURA), KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T For the injuries suffered in the road traffic accident took place on 01st February 2016, the injured made claim petition before the Motor Accident Claims Tribunal, Udupi, sitting at Kundapura. The Tribunal, by its judgment and award dated 04th December, 2017 passed in MVC No.435 of 2016 awarded compensation of Rs.3,08,530/- with interest at the rate of 6% per annum from the date of petition till the date of payment, excluding interest on the amount of Rs.25,000/- awarded under the head future medical expenses.
2. Being not satisfied with the compensation amount, the appeal is before Court in this appeal seeking enhancement.
3. The learned counsel appearing for the appellant submits that the compensation awarded by the Tribunal under different heads is on the lower side compared to the disability and the nature of injuries suffered by the appellant. He submits that when the appellant has claimed that the appellant has spent Rs.1,80,000/- towards medical expenses, the Tribunal has erred awarding only Rs.1,37,926/-. The accidental injuries has left the appellant disfigured and the Tribunal should have awarded some amount under the head disfigurement. In all, he submits that the compensation awarded is very much on the lower side and hence seeks enhancement.
4. The learned counsel appearing for the respondent- Insurer submits that the compensation awarded by the Tribunal is based on the oral, material and documentary evidence produced by the appellant before the Tribunal. In that view of the matter, the compensation awarded is just and proper and does not call for any interference in this appeal. Hence, he seeks to dismiss the appeal.
5. Heard the learned counsel for the parties. Gone through the judgment and award of the Tribunal. The accident is not in dispute and the injuries suffered in the accident is also not in dispute. In the accident, the appellant has sustained the following injuries:
1. Open type two fracture of left clavicle;
2. fracture of right inferior pubic rami;
3. Split depression fracture of left lateral condyle of tibia;
4. proximal phalanx fracture of left little toe;
5. Avulsion fracture of head of 5th metatarsal.
6. In support of his evidence, the appellant has marked exhibit P4 wound certificate and exhibits P7 to P12 which are medical bills, disability certificate, treatment certificate, medical records and four numbers of X Ray film, etc. The petitioner was an inpatient from 02nd February 2016 to 16th February 2016; and she was admitted to hospital on 29th February and was discharged on 02nd March, 2016. The Doctors have also deposed that the appellant has to undergo surgery once again for removal of implants. Though the compensation is awarded taking the income of the appellant at Rs.6,000/- per month, it has to be borne in mind that the intent of the Motor Vehicles Act is a beneficial Act and the compensation awarded should be just and proper. The accident is of the year 2016. The place of residence of the appellant is Udupi Taluk. Considering the fact that Udupi is a District Headquarter and even a coolie or a person working in any unorganised sector would earn at least Rs.300-400 per day for livelihood. Hence, taking the earning even at Rs.300/- per day, the monthly income would be Rs.9,000/- and the same is taken in the instant case. Hence, the loss of future earnings comes to Rs.9,000 x 12 x 13 x 10% = Rs.1,40,000/-. The same is awarded as against Rs.93,600/- awarded by the Tribunal. In view of the injuries suffered, the appellant might have taken some rest and considering the same at three months, the loss of earning during laid up period is enhanced to Rs.27,000/- as against Rs.4000/- awarded by the Tribunal. The appellant, being a lady, has suffered disfigurement and considering the agony she has to undergo for the rest of her life, I am inclined to award another Rs.20,000/- towards pain and suffering. Since the appellant claims that she is an agriculture coolie and considering the fact that she finds it hard to carry on the agriculture work, I intend to award Rs.40,000/- towards loss of amenities in respect of which the Tribunal has not awarded any amount. Towards future medical expenses, another Rs.5,000/- is awarded. Conveyance, nourishment and attendant charges another Rs.12,000/- is awarded. In all, the enhanced compensation would be Rs.1,46,400/-. The same shall carry interest at the rate as is awarded by the Tribunal.
In the result, appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn