IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR.JUSTICE N.K.SUDHINDRARAO M.F.A. NO.407 OF 2019 (MV-I) BETWEEN:
RANGASWAMY C.R. S/O.LATE RAMEGOWDA AGED ABOUT 47 YEARS R/AT CHIKKAGENIGERE VILLAGE SHANTIGRAMA POST & HOBLI AALURU TALUK & HASSAN DISTRICT-573 201 (BY SRI.ABHIJITH M.M., ADV.) AND:
1. C.S.JAYAKUMAR S/O.H.B.SHIVAPPA AGED ABOUT MAJOR R/AT CHANNAPATTANA VILLAGE AND POST, KASABA HOBLI HASSAN TALUK AND DIST-573 201 2. THE MANAGER H.D.F.C. INSURANCE CO. LTD., LALU BININED PARK ANDERI ROAD, ANDERI (EAST) MUMBAI-400 059 REP. BY ITS MANAGER H.D.F.C. INSURANCE CO. LTD., HASSAN CLUB OPPOSITE B.M.ROAD, HASSAN-573 201 … APPELLANT …RESPONDENTS THIS MFA IS FILED UNDER SECTION 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 19.03.2018 PASSED IN MVC NO.75/2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is directed against the judgment and award dated 19.03.2018 passed in MVC No.75/2015 on the file of II Additional Senior Civil Judge and MACT, Hassan, wherein claim petition came to be allowed in part and a compensation of Rs.2,09,470/ together with interest @ 8% per annum came to be awarded to the claimant. Being aggrieved by the quantum of compensation, claimant has filed this appeal.
2. The details of the road traffic accident are that, on 30.03.2014 at about 1.15. p.m. when the petitioner was moving on his motorcycle bearing No.KA-
13 S 5140 near in front of Rajiv Gandhi Engineering College, on B.M. road, due to rash and negligent driving of the Tractor bearing Registration No. KA-13-T-6314 dashed the appellant motorcycle bearing registration No.KA-13-S-5140. The appellant was immediately shifted to the Sanjivini Hospital Hasan, wherein he underwent treatment as an inpatient for a period of 15 days. He was earning more than Rs.20,000/- by doing business. Prior to accident he was hale and healthy. Due to the accident and its injuries, his physical ability and also the earning capacity has been reduced.
3. Respondents contested the matter.
4. The learned Member considering the aspect of accident, injuries awarded the compensation as mentioned above.
5. Learned counsel for the petitioner would submit that the amount of Rs.2,10,000/- granted by the learned Member is very much on the lower side. The monthly income is considered at Rs.5,000/- by the learned Member which is highly unreasonable and on the lower side.
6. The petitioner has not stated his specific job and on the other hand, he has mentioned as business and the income is considered at Rs.5,000/- per month.
The injuries suffered by the claimant are; fracture of 3rd both bone of right leg. He was inpatient for 15 days and loss of future income was calculated at Rs.5,000/- x 12 x 14 x 6% = (Rs.50,400/- ) since the age of the petitioner being 43 years at the time of accident. The total compensation granted is as under:
1. Pain and suffering Rs.40,000-00 2. Medical expenses Rs 54,070-00 3. Food, Nourishment and other expenses 4. Loss of earning during treatment 5. Loss of income in view of permanent disability Rs 25,000-00 Rs 10,000-00 Rs 50,400-00 6. Loss of amenities Rs 30,000-00 Total Rs 2,09,470-00 7. On over consideration of the material on record, it is seen that, though the petitioner-claimant submits that the compensation awarded is on the lower side and that he was entitled for a higher amount, on considering the medical records and the treatment taken by the claimant, and on looking to the compensation awarded on the various heads, I am of the opinion that, what is awarded is fair and reasonable. The judgment neither suffers from any infirmities nor any irregularity committed by the Tribunal, that warrants any interference. Hence, the appeal is liable to be rejected.
Sd/- JUDGE BS