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. 8212 OF 2016 (WC) BETWEEN:
S.SURENDRABABU S/O. D. SUBRAMANYA, AGED ABOUT 36 YEARS, R/O GARDEN HOUSE, HASSAN ROAD, ARSIKERE TALUK, HASSAN DISTRICT – 573 201 ... APPELLANT (BY SRI.SHRIPAD V SHASTRI, ADV.) AND:
1. K. DHUSHYANTH S/O. KRISHNARAJU, R/O. NO.176/A, RAILWAY QUARTERS, ARSIKERE, HASSAN DISTRICT, NOW R/AT: MCF QUARTERS ROAD, DARASAKOPPALU, HARALAHALLI VILLAGE, KASABA HOBLI, HASSAN TALUK, (OWNER OF TATA SUMO BEARING REG. NO.KA.13/M-5720) 2. IFFCO TOKIO GEN. INSURANCE COMPANY LTD., NO.41, 2ND FLOOR, CRISTO COMPLEX, NEAR MANDOVI MOTORS, LEVEL ROAD, BANGALORE - 560 001, REPRESENTED BY IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., NO.846, NEW KANTARAJU, URS ROAD, NEAR AKSHAYA BHANDARA, KUVEMPU NAGAR, MYSORE - 570 023, POLICY NO. 72316813 (VALID FROM 28.03.2010 TO 27.3.2011) (BY SRI.E.I. SANMATHI, ADV. FOR R2;
... RESPONDENTS NOTICE TO R1 IS DISPENSED WITH V/O DTD:28.03.2019) THIS MFA IS FILED U/S 30(1) OF WC ACT AGAINST THE JUDGMENT AND AWARD DATED:19.09.2016 PASSED IN ECA NO.8/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, & JMFC, MACT, ARSIKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Accepting the cause shown in the affidavit accompanying the application IA.I of 2016 allowed. Delay of seven days caused in filing the appeal is condoned. Notice to respondent No.1 dispensed with. Submission of the learned counsel for the appellant is placed on record.
2. For the injuries sustained in the road traffic accident that took place on 28th March 2010 while he was driving the Tata Sumo vehicle and proceeding on Hassan-Arasikere road, near Bettanahalli Hosur, the accident occurred due to which he sustained grievous injuries on his right hand, right thumb, forehead and other parts of the body and because of the injuries sustained in the accident, he cannot continue his driving profession. Hence, he filed claim petition before the Senior Civil Judge and Motor Accident Claims Tribunal, Arasikere. The Tribunal, by its judgment and award dated 19th September 2016 passed in E.C.A. No.8 of 2014 awarded compensation of Rs.2,12,150/- with interest at the rate of 9% per annum from the date of petition till the date of deposit.
3. The learned counsel appearing for the appellant submits that the Tribunal has committed an error in not awarding the just compensation. He submits that the the claim of the workman was that by driving profession he was earning Rs.6,000/- per month and Rs.150/- batta per day, but the Tribunal has disbelieved the same and taken the income of the appellant at Rs.4,000/- per month which is an error. He further submits that though the Tribunal has awarded compensation of Rs.2,12,150/- of which the medical bill itself was Rs.1,15,338/- and the compensation awarded under other heads is only Rs.96,796.80 which is on the lower side. Hence, he submits to allow the appeal by suitably enhancing the compensation.
4. Per contra, the learned counsel appearing for the respondent-Insurer, submits to dismiss the appeal. He submits that the compensation awarded by the Tribunal is based on the oral and documentary produced before it and the same does not call for interference in this appeal.
5. Heard the learned counsel for the parties and gone through the judgment and award of the Tribunal. It is seen from the award that the Tribunal has awarded compensation of Rs.2,12,150/- with interest at the rate of 9% per annum from the date of petition till the date of deposit. The Tribunal has awarded Rs.1,15,338/- towards medical bills. The Doctor has opined that the petitioner has sustained functional disability to the extent of 20% and the same is taken by the Tribunal. By taking the monthly income of the appellant at Rs.4,000/- and after deducting 60% from the said amount, Rs.2,400/- is taken as monthly income and by adopting the relevant factor 201.66 and taking 20% as functional disability, has awarded Rs.96,796.80 under the head loss of future earning capacity.
Except that, the Tribunal has not awarded compensation under any other heads. The appellant is aged 36 years. He was driver by profession. The accident is of the year 2010. In the absence of any documentary proof in respect of the income, the Court shall assess the income based on the relevant factors like place of accident, number of dependents, cost of living prevalent then, etc. In the instant case, the appellant is a driver by profession and because of the injuries sustained in the accident, he cannot carry out his profession. Considering the fact that the appellant was a skilled labour, so also considering the age of the appellant, instead of awarding the amount under different heads, in my considered opinion, awarding another Rs.75,000/- globally would meet the ends of justice. Accordingly, Rs.75,000/- is awarded in addition to what has been awarded by the Tribunal. It is made clear that the enhanced amount does not carry any interest.
In the result, appeal is partly allowed.
Sd/-
ACTING CHIEF JUSTICE lnn