IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.3644/2019(MV) BETWEEN:
SRI BASAVARAJA M S/O MUNIYAPPA, AGED ABOUT 21 YEARS, RESIDING AT KEB COLONY, NAYAKANAHATTY, CHALLAKERE TALUK CHITRADURGA DISTRICT NOW R/O PILLEKARNAHALLI, CHITRADURGA DISTRICT.
..APPELLANT (BY SRI KRISHNAOJI RAO N., ADVOCATE FOR SRI B PRAMOD, ADVOCATE) AND:
1 . ZAKIR HUSSAIN S/O HOONNUR SAB MAJOR, RC OWNER OF ASHOK LEYLAND (DOST LS) LGV BEARING REG. No.KA-16/C-4315 R/O NAYAKANAHATTY, CHALLAKERE TALUK, CHITRADURGA DISTRICT – 577 522.
2 . THE BRANCH MANAGER SRI RAM GENERAL INSURANCE COMPANY LTD., BRANCH OFFICE, BANNERGHATTA ROAD, BEELEKAHALLY MAIN ROAD, IMI POST, BANGALORE – 560 076.
..RESPONDENTS THIS MFA IS FILED U/S 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.02.2019 PASSED IN MVC No.389/2018 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA, 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 Appeal is directed against the Judgment and award dated 06.02.2019 passed in MVC No.389/2018 by the I Additional Senior Civil Judge, AMACT-IV, Chitradurga, wherein claim petition came to be allowed in part and compensation of Rs.3,96,484/- with interest at the rate of 8% p.a. from the date of petition till the date of realisation came to be granted to the petitioner. Being not satisfied with the quantum of compensation, petitioner has preferred this appeal.
2. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
3. Appellant has challenged the quantum of compensation and claims that the learned Member has not granted compensation under the head loss of income during laid up period.
4. Facts of the incident are on 24.02.2018 at about 8.30 P.M. when the petitioner was walking on the left side of the road and when he came near temple towards his house, at that time the driver of Ashok Leyland(Dost LS) LGV bearing registration No.KA- 16/C-4315 drove the same in a rash and negligent manner and dashed to the hind portion of petitioner, resulting which the petitioner fell down and sustained injuries and had to take essential medical treatment. It is stated that he was earning Rs.20,000/- per month by doing milk vending and agricultural work.
5. Learned Member appreciating the evidence before him granted compensation of Rs.3,96,484/- under following heads:
SL.NO. DESCRIPTION AMOUNT 1. Loss of future earnings Rs.2,41,920/-
2. Medical expenses Rs. 9,564/-
3. Nourishment and miscellaneous expenses Rs. 35,000/-
6. Monthly income of the petitioner is considered at Rs.8,000/- per month as against claim of Rs.20,000/-. Injuries sustained by the petitioner is as under:
abrasion over the (L) palm 4x1cms, abrasion over the right elbow 4x4 cms, fracture of left tibia and left fibula.
7. Learned counsel Sri Pramod would submit that the Tribunal considered disability at 10% as against the serious impact of the injuries suffered by claimant at 32% and it requires hike.
8. Disability as spoken by the doctor is 32% to left leg and foot component. In this connection applying multiplier of `18’ compensation under loss of future earnings is:
32% of 8,000= 2,560x12 =30,720x18 =Rs.5,52,960/-
It is necessary to examine the object of the Act is just and fair compensation and 8% p.a. interest is ordered. Awarding of 8% interest would take care of the balance regarding reasonability of quantum. Final amount of compensation that is granted is just and sufficient there is no necessity to proceed further in this appeal.
Appeal is rejected.
Sd/- JUDGE SBN