IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD M.F.A.No.7344 OF 2010 (MV) Between:
S. Prasanna S/o. Shivalingappa Aged about 24 years Working in HSBC Bangalore Erehall, Channagiri Taluk, Now R/o. Ganapathi Road, Holalkere, Chitradurga District. ... Appellant (By Sri R. Shashidhara, Advocate) And:
1. The Proprietor M/s Adhunik Transport Organization Ltd., Owner of the Lorry No.MP.09/KC-9732 No.17, S.D.A. Compound, Lasudia Mori Near Britania Godown, Indore, Madhya Pradesh.
2. The Divisional Manager The Oriental Insurance Co., Ltd., Enkay Complex, Keshavapura Hubli. … Respondents (By Sri A.M. Venkatesh, Adv. for R2 R1 – Notice dispensed with vide order dated 17.09.2010) This Miscellaneous First Appeal is filed under Section 173(1) of MV Act, against the Judgment and award dated 26.05.2010 passed in MVC No.174/2007 on the file of the Senior Civil Judge & MACT, Holalkere partly allowing the claim petition for compensation and seeking enhancement of compensation.
This appeal is coming on for Admission this day, the Court delivered the following:
J U D G M E N T This appeal is filed by the claimant/appellant challenging the judgment and award dated 26-05-2010 passed by Senior Civil Judge & MACT, Holalkere in M.V.C.No.174/2007, whereby the Tribunal has granted a compensation of Rs.6,83,800/- with interest at the rate of 6% per annum.
2. On 21-10-2006 when the claimant was going as a pillion rider on motorcycle bearing registration No.KA.51/H-9871, ridden by his friend Manjunatha at about 8.30 a.m., when they reached Ujjanakatte on NH-4 road in Sira Taluk, the driver of the lorry bearing registration No.MP.09/KC-9732 came from opposite direction in a rash and negligent manner and dashed against the motorcycle, due to which the claimant fell down and sustained injuries.
Immediately, he has been shifted to the hospital and he has taken treatment as an inpatient for about 23 days and he has undergone surgery. To establish the case, the claimant examined four witnesses and marked 231 documents. On the other hand, the Insurance Company has examined one witness and marked three documents. On appreciation of oral and documentary evidence, the Tribunal has granted a compensation of Rs.6,83,800/- with interest at the rate 6% per annum. Being aggrieved by the same, the claimant has filed this appeal for enhancement of compensation.
3. Sri. R.Shashidhara, learned counsel appearing for the appellant has submitted that due to the accident, claimant has suffered head injury. He has examined Dr. K.B.Kumar as PW.2. In his deposition, he has specifically stated that due to the accident, the claimant has suffered the functional disability of 50% and he was an inpatient for a period of 23 days and he has undergone surgery. He has to suffer disability throughout his life. The Tribunal has not granted any compensation under the category ‘Loss of amenities & Marriage prospects’.
4. Per contra, Sri A.M. Venkatesh, learned counsel appearing for the Insurance Company has submitted that at the time of the accident, claimant was working as a Courier-boy and he was earning a sum of Rs.2,849/- per month. As per the evidence of the Doctor, the Tribunal has taken 50% disability and Rs.4,000/- as an income and granted Rs.4,32,000/- under the category ‘Loss of future earning’ which is just and proper. Therefore, he sought for dismissal of the appeal.
5. Heard the learned counsel for the parties.
6. It is not in dispute that the claimant has suffered injuries due to the accident occurred on 21-10-2006 due to rash and negligent driving of the driver of lorry bearing registration No.MP-09/KC- 9732. Immediately after accident he was shifted to the hospital, where he has been treated as inpatient for a period of 23 days and he has undergone surgery. The claimant has examined Dr. K.B.Kumar as PW.2 and Dr. Dinesh as PW.4. In their evidence they have specifically stated that the claimant has suffered functional disability of 50%. At the time of the accident, he was aged about 21 years. He has suffered this disability throughout his life. The amount of Rs.4,32,000/- granted by the Tribunal is under the head of ‘Loss of future income and not ‘Loss of Amenities’ Therefore, the Tribunal has not granted any compensation under the category ‘Loss of amenities and Marriage prospects’ is concerned.
7. In view of the above, this Court is of the opinion that the claimant is entitled for a compensation of Rs.40,000/- under the category of ‘Loss of future income’. Accordingly, the judgment and award passed by the Tribunal is modified as follows:
1. Pain and agony : Rs.65,000-00 2. Loss of future income : Rs.4,32,000-00 3. Medical expenses : Rs.94,800-00 4. Loss of income : Rs.40,000-00 5. Attendant, nourishment and rest.
: Rs.40,000-00 6. Conveyance charges : Rs.10,000-00 7. Miscellaneous : Rs.2,000-00 Total : Rs.6,83,800-00 8. Loss of amenities : Rs.40,000-00 Total : Rs.7,23,800-00 Hence, I pass the following:
O R D E R The appeal is allowed in part. Judgment and award dated 26-05-2010 passed in M.V.C.No.174/2007 on the file of the Senior Civil Judge & MACT, Holalkere is hereby modified.
The appellant is entitled for a total compensation of Rs.7,23,800-00/- as against Rs.6,83,800/- awarded by the Tribunal.
The enhanced compensation of Rs.40,000/- shall carry interest at the rate of 6% per annum from the date of the petition till the date of realization.
The Insurance Company is directed to deposit the enhanced compensation amount with interest at the rate of 6% per annum within four weeks from the date of receipt of the copy of this order and the Tribunal is directed to release the amount to the claimant after due verification.
SMJ/nms Sd/- JUDGE