IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE MFA NO. 1206 OF 2017 (MV) BETWEEN:
SHIVARAJU G.C., S/O CHIKKANNA, NOW AGED ABOUT 26 YEARS, R/AT GOBBARAGALA VILLAGE, ARAKERE HOBLI, SRIRANGAPATANA TALUK, MANDYA DISTRICT. ... APPELLANT (BY SRI RAGHU R, ADV.) AND:
1. RAVI G.T., S/O THIBBEGOWDA, NOW AGED ABOUT 28 YEARS, R/A GENDEHOSAHALLI VILLAGE, ARAKERE HOBLI, SRIRANGAPATANA TALUK, MANDYA DISTRICT.
2. THE MANAGER, IFFCO TOKIO GEN., INS., CO. LTD., NEAR AKSHAY BANDAR, MYSORE. ... RESPONDENTS (BY SRI E.I.SANMATHI, ADV., FOR R2; NOTICE TO R1 DISPENSED WITH VIDE ORDER DATED 16.03.2018) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.08.2016 PASSED IN MVC NO.26/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
...
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT For the injuries suffered in the road traffic accident that took place on 02.10.2015 the appellant made claim petition before the Additional Senior Civil Judge and Motor Accident Claims Tribunal, Srirangapatna. The Tribunal, by its judgment and award dated 10.08.2016 passed in MVC No.26/2016 awarded compensation of Rs.2,63,040/-. Being not satisfied with the compensation, the appellant is before this Court in this appeal.
2. The learned counsel appearing for the appellant submits that due to the injuries suffered in the accident, the appellant is not able to attend to his work normally and he cannot earn as he was earning earlier. He further submits that though the appellant has claimed that he was earning Rs.20,000/- per month, the Tribunal has disbelieved the same and taken the monthly income at Rs.6,500/- per month which is an error. Hence, the learned counsel prays for allowing the appeal and suitably enhance the compensation.
3. Per contra, the learned counsel appearing for the respondent-Insurer submits that the Tribunal, after considering the oral and documentary evidence, has awarded just and proper compensation and the same does not call for any interference in this appeal. Hence, he prays for dismissal of the appeal.
4. The accident is not in dispute and the injuries suffered in the accident is also not in dispute. In the cases where the claimant cannot prove his income, the courts should assess the notional income by taking note of relevant factors like place of residence, number of dependents, cost of living prevalent then, etc. This court, with relevance to the year of accident of the year 2015, assessed the monthly income at Rs.9,000/- per month. Accordingly, it is assessed. Hence, the calculation would be Rs.9,000/- x 12 x 9 x 17% comes to Rs.1,65,240/-, the same is awarded in place of Rs.1,06,080/- awarded by the Tribunal. Since the monthly income is taken at Rs.9,000/- the compensation amount under the head loss of income during laid up period comes to Rs.18,000/-. Hence, the same is awarded in place of Rs.6,500/- awarded by the Tribunal.
5. The appellant has suffered Abrasion over left knee, Pain in left upper limb, movement restricted. X-ray of left elbow reflects- discloses of elbow joint. X-ray relating to the left hand reflects fracture of 1st metacarpal bone. X-ray relating to the chest reflects, fracture of head of radius right elbow. Also undergone surgery. The broken elbow bone was removed and applied K-wire then advised rest. Considering the age of the appellant and also the hardship, I am inclined to award another Rs.10,000/- under the head pain and suffering. Further, the appellant has to suffer the hardship for the rest of his life and considering the said factor, I am inclined to award another Rs.10,000/- towards loss of amenities. The compensation awarded by the Tribunal towards Medical expenses and future medical expenses remains unaltered. The appellant has taken treatment and also undergone surgery and considering the duration of treatment another sum of Rs.5,000/- is awarded towards incidental expenses. Accordingly, the enhanced compensation would be to the tune of Rs. 3,57,700/- which shall carry 6% interest as against Rs.2,63,040/- awarded by the Tribunal. Enhanced compensation comes to Rs.94,660/- which shall carry interest. Therefore justice would be met if global compensation of Rs.1,00,000/- is awarded inclusive of interest.
6. Accordingly, the appeal is allowed-in-part.
The judgment and award passed by the Tribunal is modified to the extent stated herein above.
7. The Insurance Company is directed to deposit the amount within two months from the date of receipt of a copy of this judgment.
No order as to costs.
Sd/-
ACTING CHIEF JUSTICE HR