IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY M.F.A. No.2162/2015 [MV] BETWEEN :
SANTHOSH BHANDARY S/O LATE RAMA BHANDARY AGED 48 YEARS R/A RAMA NILAYA, SALIKERI VARAMBALLI VILLAGE UDUPI TALUK & DISTRICT-576101. ...APPELLANT (BY SRI SACHIN.B.S., ADV.) AND :
1. SANTHOSH KUMAR SHETTY S/O BACHU SHETTY AGED ABOUT 38 YEARS R/A MANIK NAGARA, VEPPAMPATTU CHENNAI-571810.
2. THE IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., CUSTOMER SERVICE CENTRE “SRI SHANTHI TOWERS”
5TH FLOOR, 141, 3RD MAIN EAST OF NGEF LAYOUT, KASTURI NAGAR BANGALORE-560043. …RESPONDENTS (BY SRI E.I.SOMANATH, ADV. FOR R-2; V/O DATED 25.11.2016, NOTICE TO R-1 DISPENSED WITH.) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 07.02.2014 PASSED IN M.V.C.NO.827/2011 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, UDUPI, 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 appellant has filed this appeal seeking enhancement of the compensation against Judgment and Award dated 07.02.2014 passed by the Addl. Senior Civil Judge and Addl. M.A.C.T. at Udupi in MVC No.827/2011.
2. It is the case of the appellant that he had sustained grievous injuries in motor vehicle accident occurred on 02.05.2011. The appellant has filed claim petition before the Tribunal. The Tribunal has awarded a compensation of Rs.1,08,350/-. Aggrieved by the same, the appellant had filed this appeal.
3. The learned counsel for the appellant submitted that the compensation awarded by the Tribunal is on the lower side and sought to enhance the same.
4. The learned counsel for the respondents sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
5. I have heard learned counsel for both the sides and perused the Judgment and Award passed by the Tribunal. The injured has sustained two cut lacerated wounds over the scalp, subluation of left Avcomio-clavicular joint and fracture patilla right knee joint. The Tribunal has assessed disability at 4%. Though the appellant-claimant has claimed income at Rs.15,000/-p.m., he has not proved the same. The Tribunal has taken the income at Rs.6,000/- which is on the lower side. Considering the year of the accident as 2011 and the place of residence, the income of the injured is taken at Rs.6,500/- for the purpose of awarding compensation under the head loss of future income, Hence, the appellant is entitled for a sum of Rs.43,680/- (Rs.6,500X12X14X4%) towards loss of future income as against Rs.40,320/- awarded by the Tribunal.
6. The appellant was in-patient for 3 months.
Hence, the appellant is entitled for a sum of Rs.19,500/-(Rs.6,500X3) towards loss of income during laid up period, as against Rs.12,000/- awarded by the Tribunal.
7. The appellant is also entitled for another sum of Rs.20,000/- towards Pain and Sufferings and Rs.20,000/- towards loss of amenities in life.
8. Accordingly, the appeal is allowed in part.
The appellants are entitled for an enhanced companion of Rs.50,860/- in addition to the compensation awarded by the Tribunal. The enhanced compensation amount carries interest at 6% p.a. from the date of petition till the date of payment.
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JUDGE