IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE S.G.PANDIT M.F.A.No.9645/2013 [MV] BETWEEN:
R MANJUNATHA S/O RAMANAGANEYA AGED ABOUT 38 YEARS R/O. AYANUR GATE SHARAVATHI NAGARA SHIMOGA 577201.
... APPELLANT (BY SRI. NATARAJ C.D., ADV. FOR SRI.PRUTHVI WODEYAR, ADV.) AND:
1. BHARATH KUMAR S/O PUTTASWAMY GOWDA AGED ABOUT 38 YEARS R/O. GONIBEEDU VILLAGE BHADRAVATHI TALUK, SHIMOGA DISTRICT 577201.
2. MAHESH S/O RAJU T AGED ABOUT 29 YEARS R/O.MASQUE ROAD GONIBEEDU VILLAGE BHADRAVATHI TALUK SHIMOGA DISTRICT -577201.
3. IFFCO-TOKIO GENERAL INSURANCE CO. LTD., NO.41, 2ND FLOOR NEXT TO MANDOVI MOTORS CIRSTU COMPLEX LAVELLE ROAD BANGALORE -560001.
... RESPONDENTS (BY SRI.D S SRIDHAR, ADV. FOR R3 R1 – NOTICE D/W V/O DT:04/07/2016) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 01.10.2012 PASSED IN MVC NO.111/2011 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT-7, SHIMOGA, 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 claimant is before this Court, not being satisfied with the quantum of compensation awarded under the judgment and award dated 01.10.2012 passed in MVC No.111/2011 on the file of the II Additional Senior Civil Judge and Motor Accident Claims Tribunal, Shimoga (hereinafter referred to as 'the Tribunal' for short).
2. The claimant filed claim petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation for the injuries suffered in a road traffic accident which occurred on 22.10.2010. It is stated that, on 22.10.2010, while the claimant was proceeding on his motor bike bearing registration No.KA-20/J- 5088, a Maruthi Omni car bearing registration No.KA- 14/N-154 came in a rash and negligent manner from opposite direction and dashed against the motorcycle of the claimant. As a result of which, the claimant sustained grievous injuries. Immediately, he was shifted to Mc.Gann Hospital, Shimoga wherein he took treatment as inpatient till 27.10.2010. The claimant states that he was earning a sum of Rs.300/- per day and Rs.50/- as batta working as a driver. But due to the accidental injuries, he is not in a position to do the same work as he was doing prior to the accident.
3. The second respondent/Insurance Company appeared before the Tribunal and filed its objections denying the claim petition averments. Further, it is stated that the accident took place due to careless riding of the motorcycle and contended that respondent No.2/Insurance Company is not liable to pay any compensation.
4. The claimant examined himself as P.W.1 and also examined the doctor as P.W.2 apart from marking the documents as Ex.P1 to Ex.P90. On behalf of the respondents, Ex.R1 to Ex.R3 were marked, however, no witnesses were examined.
5. The Tribunal, on consideration of the material on record awarded total compensation of Rs.2,95,000/- with interest at the rate of 6% p.a. It was further held that the claimant is also responsible for occurrence of the accident to an extent of 25% and fastened 25% contributory negligence on the claimant. The claimant being dissatisfied with the quantum of compensation is before this court seeking enhancement of compensation.
6. Heard the learned counsel for the appellant and perused the records.
7. Learned counsel for the appellant restricted his prayer only for enhancement of compensation. It is his submission that the claimant was working as a driver and was earning a sum of Rs.350/- per day as salary and batta. The Tribunal has taken only Rs.200/- per day which is on the lower side. The claimant was inpatient for a period of 4 days and suffered grievous injuries. It is further submitted that the compensation awarded on various other heads are also on the lower side which requires enhancement.
8. The accident is of the year 2010. The claimant states that he was working as driver earning Rs.350/- per day as salary and batta. The claimant has produced Ex.P80-driving license to indicate that he is a driver by profession and he possessed the valid and effective driving license as on the date of accident. The Tribunal assessed the income of the claimant at Rs.200/- per day which is on the lower side. Admittedly, the claimant was working as a driver and to substantiate the said fact, he has produced Ex.P80/driving license which is valid till 20.06.2024. When the claimant possesses the valid and effective driving license, it would be probable that the claimant would be earning Rs.350/- per day. Thus, the income of the claimant could be assessed at Rs.9,000/- p.m. The claimant was inpatient for a period of 4 days. He has suffered the following injuries:
1.Swelling Deformity of L High and Tenderness;
2.Surgical Emphysena (x) over the R side of chest With reduced air entry; and 3.Pertrocheatic Fracture L hip.
9. The wound certificate indicates that the claimant has suffered fracture of lower hip. The claimant is also entitled to enhanced compensation under the heads loss of amenities and conveyance charges. The Tribunal, while assessing the whole body disability at 15% has taken note of the evidence of P.W.2 and also medical records produced, which needs no interference. Thus the claimant would be entitled to the following modified compensation:
1.Loss of future income due to disability (9000x12x15x15/100) :: Rs.2,43,000 2.Pain and sufferings :: Rs. 30,000 3.Treatment expenses :: Rs. 46,000 4.Future Treatment expenses :: Rs. 15,000 5.Loss of income during treatment and rest period :: Rs. 18,000 7.Loss of amenities :: Rs. 25,000 8.Conveyance charges :: Rs. 8,000 Total Rs.3,85,000 ‘Thus the claimant would be entitled to total compensation of Rs.3,85,000/- as against Rs.2,95,000/- with interest as awarded by the Tribunal. Out of the total compensation amount, the claimant is entitled to 75% which works out to Rs.2,88,750/- since the Tribunal has fastened contributory negligence on the claimant to an extent of 25%.
10. Accordingly, the appeal is allowed in part. The judgment and award dated 01.10.2012 in MVC No.111/2011 on the file of the II Additional Senior Civil Judge and Motor Accident Claims Tribunal, Shimoga is modified. The claimant is entitled to total compensation of Rs.3,85,000/- as against Rs.2,95,000/- out of which, the claimant is entitled to Rs.2,88,750/- as against Rs.2,21,250/- awarded by the Tribunal with interest at the rate of 6% p.a., thereby the claimant is entitled to enhanced compensation of Rs.67,500/-.
Sd/- JUDGE mpk/-* CT:bms