IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR MISCELLANEOUS FIRST APPEAL NO.5210/2012(MV) BETWEEN:
SRI. A. NAGARAJAPPA S/O A. BASAPPA AGED ABOUT 46 YEARS RESIDING AT DODDETHINAHALLI VILLAGE, NOW R/AT MALLIKARJUNA NILAYA, NAVALE, PRIVATE LAYOUT KUVEMPU NAGAR, SHIMOGA – 577 204.
... APPELLANT (BY SRI. M.B. SHANKAREGOWDA., ADVOCATE) AND:
1. SRI. JAYAPPA S/O VIRUPAKSHAPPA AGED ABOUT 46 YEARS R/AT KOVERA BEEDHI NYAMATHI, HONNALI TALUK PIN – 577 223, OWNER OF STAR CITY MOTOR CYCLE BEARING NO.KA.17/AB-5017.
2. SOMASHEKHARA S/O HANUMANTHAPPA AGED ABOUT 29 YEARS RIDER OF STAR CITY MOTOR CYCLE BEARING NO.KA-17/AB-5017, RESIDENT OF SHIVANANDAPPA EXTN., NYAMATHI, HONNALI TALUK, FDL-II,1963/07-08 DATED:08.10.2007,VALID FROM 08.10.2007 TO 07.10.2027 RTO SHIMOGA – 577 223.
3. NATIONAL INSURANCE CO. LTD., S.S. COMPLEX, B.H. ROAD SHIMOGA, POLICY BEARING NO.603702/31/09/6200008131 VALID FROM 13.10.2009 TO 12.10.2010, PIN NO.577 204.
... RESPONDENTS (BY SRI. M. NARAYANAPPA., ADVOCATE FOR R-3 NOTICE TO R-1 AND R-2 IS DISPESED WITH VIDE ORDER DATED:21.11.2013) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.11.2011 PASSED IN MVC NO.977/2010 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE & MACT, SHIMOGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This is a claimant’s appeal questioning the correctness and legality of the judgment and award dated 25.11.2011 passed by Principal Senior Civil Judge & MACT, Shimoga in MVC.No.977/2010 and enhancement of compensation has been sought for.
2. I have heard the arguments of learned Advocates appearing for the parties and perused the records.
3. In a road traffic accident that occurred on 06.06.2010, appellant – claimant is said to have sustained bodily injuries and consequential disability. Hence, a claim petition under Section 166 of the Motor Vehicles Act, 1988 came to be filed seeking compensation of Rs.9,65,000/-. The Tribunal, after considering the pleadings and evidence of the parties, has awarded a total compensation of Rs.2,43,550/- with interest @ 6% p.a. from the date of petition till date of realization under the following heads:
4. There is no dispute with regard to the accident in question and issuance of policy and same being in force as on date of accident. Hence, these aspects are not delved upon in this appeal as it would be repetition of facts.
5. Learned Advocate appearing for appellant – claimant contended that compensation awarded under all heads is abysmally on the lower side and prays for enhancement of compensation.
6. Per contra, learned Advocate appearing for respondent would contend that compensation awarded by the Tribunal is just and reasonable and has prayed for dismissal of the appeal.
7. Having heard the learned Advocates appearing for parties and on perusal of the judgment and award passed by the Tribunal, it would disclose that as per Ex.P-7 – wound certificate, claimant had sustained fracture of right maxilla and lacerated wounds over upper lip and lower lip. Ex.P-9 and Ex.P- 10 – Discharge summary certificate would disclose that claimant had been admitted to the hospital on 06.06.2010 and came to be discharged on 07.06.2010. He was re-admitted to Manipal Hospital on 07.06.2010 and discharged on 11.06.2010. He underwent plastic surgery. Doctor – P.W.2 who treated the claimant at Manipal Hospital has deposed that surgery was done for the fracture of nasal bone by inserting screws and plates and later on they were removed and has assessed disability to the extent of 40% to the facial component and 12.5% to the whole body. The Tribunal has awarded a sum of Rs.10,000/- towards ‘pain and suffering’ which is abysmally on the lower side. Taking into consideration the injuries sustained including pain and suffering that claimant would have undergone by the claimant, this Court is of the considered view that claimant would be entitled to additional compensation of Rs.30,000/- towards ‘pain and suffering’. Accordingly, it is awarded.
8. Appellant - claimant who claimed to be a businessman. Claimant – P.W.1 in his evidence has deposed that he was earning Rs.30,000/- per month and in proof of his avocation and to establish that he has paid income tax, he has produced income tax returns – Exs.P-61 to P-63 for the assessment years 2007-08 to 2009-10. Tribunal, has taken monthly income of the claimant at Rs.4,000/-and adopted the multiplier of ‘14’ and disability at 10%, has awarded a sum of Rs.67,200/- towards “loss of future income”. Taking into consideration the fact that claimant was a business man and has filed income tax returns, his monthly income can be taken at Rs.5,500/- and by applying the multiplier of ‘14’ and disability at 10%, the ‘loss of future income’ to which claimant would be entitled to is as under:
Rs.5,500/- x 10% x 12 x 14 = Rs.92,400/-.
By deducting the amount awarded by the Tribunal, claimant would be entitled to additional compensation of Rs.25,200/-.
9. Compensation awarded by Tribunal under other heads are just and proper and does not warrant interference by this Court.
Thus, in all, claimant would be entitled to additional compensation of Rs.55,200/- under the following heads:
10. For the reasons aforestated, I proceed to pass the following:
JUDGMENT (1) Appeal is hereby allowed in part.
(2) Judgment and award dated 25.11.2011 passed by Principal Senior Civil Judge & MACT, Shimoga in MVC No. 977/2010 is hereby modified and an additional compensation of Rs.55,200/- is hereby awarded which shall carry interest @ 6% p.a. from date of petition till date of payment or deposit whichever is earlier.
(3) Entire amount with interest is ordered to be paid to claimant.
(4) Insurance company shall deposit the additional compensation amount awarded with interest before the jurisdictional Tribunal within an outer limit of four weeks from the date of receipt of certified copy of this order.
(5) Registry is directed to transmit the records to the jurisdictional Tribunal forthwith.
SD/- JUDGE *sp