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 M.F.A. NO.2314 OF 2018 (MV) BETWEEN:
SRI.ARUN KUMAR B.S. S/O SHIVASHANKARAIAH AGED ABOUT 31 YEARS R/AT BUGUDANAHALLI VILLAGE, BELLAVI HOBLI, TUMAKURU TALUK PIN – 572 101 ... APPELLANT (BY SRI.SHANTHARAJ.K., ADV.) AND:
1. SRI. BHYRAPPA S/O LATE SHIVARUDRAPPA D.L., AGED ABOUT 35 YEARS R/AT NO.267, 12TH MAIN ROAD, BANASHANKARI 1ST STAGE, 2ND BLOCK, BENGALURU – 560 070 2. IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., REPRESENTED BY ITS MANAGER, BRANCH OFFICE, MBAV MANSION 1ST FLOOR, 3RD CROSS, M.G.ROAD, ABOVE UCO BANK GENERAL KARYAPPA ROAD, TUMAKURU CITY – 572 101 ... RESPONDENTS (BY SRI.E.I.SANMATHI, ADV. FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:07.11.2016 PASSED IN MVC NO.862/2015 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE AND IV MACT, TUMKUR, 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 For the injuries suffered in the road traffic accident that took place on 17th April 2015, the injured preferred claim petition before the Motor Accident Claims Tribunal-IV, Tumkur.The Tribunal, by its judgment and award dated 07th November 2016 passed in MVC No.862 of 2015 awarded compensation of Rs.1,00,000/- with interest at 6% per annum from the date of petitioner till its realisation. This appeal is preferred seeking enhancement in the compensation.
2. The learned counsel appearing for the appellant submits the compensation awarded by the Tribunal is very meager. Though the claimed has stated in the petition that he hale and healthy prior to the accident and was earning Rs.25,000/- per month by doing Tractor and Trailer business and also as an LIC agent, and the accident has affected his income, the Tribunal has disbelieved the same and has not awarded any amount towards the loss of future income. He further submits that the Tribunal has not awarded any amount under the head loss of income during the laid up period. He also submits that the amount awarded under the other heads are also meager and hence prays for suitable enhancement.
3. The learned counsel appearing for the respondent- Insurer submits that the Tribunal has awarded the compensation based on the evidence and the documentary and material evidence placed before it and there is no error into and hence seeks to dismiss the appeal.
4. Heard the learned counsel for the parties and gone through the judgment and award. I find that there is some force in the submissions of the learned counsel for the appellant. It has come in the evidence that the injured has suffered injuries like tenderness and swelling and abrasions on middle third of right leg and right leg comminuted fracture middle third; abrasion over left side of fore head; abrasion of right thumb and other injuries all over the body and has stated that he has been operated by fixing implants. Further, the appellant has stated that he was having a dealership business of Agro Tech Tractor and Trailer at Tumkur and he was also an LIC agent and was earning an income of Rs.25,000/- per month. Though no material is placed to prove the same. But taking note of the relevance of the year of accident notional income has to be assessed. In the instant case, the accident is of the year 2015 and with relevance to the year of accident, this count assess the notional monthly income at Rs.9,000/-. If the same is taken for the purpose of awarding compensation under the head loss of future income, it comes to Rs.9,000/- x 12 x 17 x 10% + Rs.1,83,600/- the same requires to be awarded. Toward loss of income during the laid up period Rs.9,000/- needs to be awarded. Considering the evidence of the Doctor who has opined that for the removal of implants the injured may require Rs.40,000/-, I am inclined to award an additional amount of Rs.15,000/- under the head future medical expenses. Considering the amount of pain and suffering undergone by the appellant, in addition to what has been awarded by the Tribunal an additional amount of Rs.10,000/- is awarded. Under the head food and nourishment, I am inclined to awarded an amount of Rs.8,500/- in addition to what has been awarded by the Tribunal. Under the head attendant charges, an amount of Rs.2,500/- is awarded in addition to what has been awarded by the Tribunal. The enhanced amount also carries interest as is awarded by the Tribunal. In the facts and circumstances of the case, awarding a global compensation of Rs.2,50,000/- in addition to what has been awarded by the Tribunal, would meet the ends of justice. Accordingly it is awarded. In the result, appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn