IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MRS.JUSTICE S.SUJATHA AND THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ M.F.A. No.10019/2013 [MV] BETWEEN :
S S Abhishek s/o Sundara Murthy Aged about 30 years r/a No.111/6,m Rajappa Apartments, in front of Corporation School Thavarakere, BTM 1ST Stage Bangalore-560029. .. Appellant (By Sri H K Sateesh, Advocate) AND 1. IFFCO TOKIO Gen.
Ins. Co. Ltd., Bangalore Zonal Office KSCMF Building, 3rd Floor 3rd Block, No.8 Cunningham Road Bangalore-560 052 Reptd. by its Branch Manager.
2. A Thangaraj s/o S M Aruchamy R/a No.8/2, New No.7/2 Santhey Gounden Palyam Thennamanallur Coimbatore-641043. .. Respondents (By Sri H S Lingaraj, Advocate for R1 R2 – dispensed with) This MFA is filed u/S 173(1) of MV Act against the judgment and award dated 1/10/2013 passed in MVC No.3581/2010 on the file of the III Additional Senior Civil Judge, Member, MACT, Bangalore, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This M.F.A. coming on for final hearing this day, the S.Sujatha J, delivered the following:
J U D G M E N T This appeal is directed against the judgment and award dated 1/10/2013 passed in MVC No.3581/2010 on the file of the III Additional Senior Civil Judge, Member, MACT, Bangalore [the ‘Tribunal’, for short].
2. The appellant/claimant is in appeal challenging the quantum of compensation awarded by the Tribunal of Rs.1,68,000/- with interest at 8% p.a.
from the date of petition till the date of realization contending that the compensation awarded is abysmally low and is not in proportionate to the injuries sustained by him.
3. It is not in dispute that the accident had occurred on 4.2.2010 on account of negligence of the rider of motorcycle bearing Regn. No.TN-37/AQ-7929 duly insured with the Insurance Company/respondent No.1 herein.
4. The claim petition was filed by the claimant under Section 166 of Motor Vehicles Act, 1988 claiming compensation for the injuries sustained by him in the road traffic accident.
5. The Tribunal though considered the evidence of PW5 – Dr.Bhargavi Pawar, Ophthalmologist who assessed the disability at 50%, in view of the total loss of vision in the left eye with partial visual loss in the right eye with superior hemi field loss in the right eye, the Tribunal failed to award compensation under the head loss of future income due to disability.
6. Claimant was working as a Technical Support Executive at M/s.Customers Pvt. Ltd. and earning Rs.20,318/-. He was aged about 27 years at the time of accident. Claimant himself has admitted that he was drawing salary of Rs.17,800/- p.m during the post accident period. Considering the difference of salary drawn by him after the accident with that of the income determined by the Tribunal at Rs.20,318/- p.m., the difference would work out of Rs.2,518/- p.m. In such circumstances, loss of future income due to disability is obvious, that too, with the loss of vision in the left eye with partial visual loss in the right eye. Hence, we deem it appropriate to award compensation towards loss of future income due to disability applying the multiplier of 17, assessing the disability at 50% as determined by PW5-Opthomologist, which is not discarded by the Insurance Company. The loss of future income would workout to Rs.2,56,836/- (2,518/- x 12 x 17 x 50/100). In the circumstances, it is apparent that the claimant has suffered vision loss as aforesaid and it would be appropriate to award a further sum of Rs.30,000/- towards pain and agony in addition to Rs.50,000/- awarded.
7. It is obvious that the claimant has to forgo many of the comforts in life, which he would have otherwise enjoyed, but for the accident. Hence, we determine the loss of compensation towards amenities and discomforts in life at Rs.50,000/-. The compensation awarded under the other heads remains undisturbed.
Hence, the compensation awarded by the Tribunal is modified as under:
1. Pain and agony - Rs.80,000/-
2. Loss of income during laid up period - Rs.70,000/-
3. Rest, nourishment and attendant charges - Rs.15,000/-
4. Loss of amenities and discomforts in life - Rs.50,000/-
5. Conveyance - Rs. 8,000/-
6. Loss of future income due to disability - Rs.2,56,836/-
Total Rs.4,79,836/- Claimant shall be entitled to total compensation of Rs.4,79,836 as against Rs.1,68,000/- awarded by the Tribunal with interest at 8% p.a. from the date of petition till the date of realization.
The liability and disbursement shall be in terms of order passed by the Tribunal.
Appeal stands disposed of in terms of the above.
Sd/- JUDGE Bkm Sd/- JUDGE