IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE N.K. SUDHINDRARAO MFA NO.1010 OF 2019(MV) BETWEEN:
SRI. BASAVARAJU S/O LATE VENKATEGOWDA AGED ABOUT 70 YEARS R/O M H PATNA VILLAGE KASABA HOBLI, GUBBI TALUK TUMKUR DISTRICT-572 216. ...APPELLANT (BY SRI: RAMESH K.R., ADVOCATE) AND:
1. SRI. KANUBHAI PAREKH AGED ABOUT 46 YEARS R/O B/403, TIRUPATI APTS BHULABHAI DESAI ROAD MUMBAI, MAHARASHTRA STATE.
2. THE BRANCH MANAGER THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE: UPSTAIRS TUMKUR SHOPPING COMPLEX B.H.ROAD, TUMKUR TOWN PIN-572 102 .…RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.11.2018, PASSED IN MVC NO.680/2013 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE & JMFC AND ADDITIONAL MACT, GUBBI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
J U D G M E N T This appeal is directed against the judgment and order dated 28.11.2018 passed in MVC No.680/2013 by the learned Addl. Senior Civil Judge and Addl. Motor Accident Claims Tribunal(for short ‘MACT’), Gubbi wherein the claim petition filed by the claimant/injured came to be allowed-in-part and a compensation of Rs.3,55,500/- is awarded by the tribunal with interest at 9% p.a. from the date of petition till realization of entire compensation awarded in respect of injuries sustained and disability suffered by him in a road traffic accident that occurred on 03.02.2013. Being not satisfied with the quantum of compensation awarded, the claimant has come up in appeal.
2. The details of the accident are that on 03.02.2013 at about 10.45 a.m., the claimant was riding a motorcycle splendor Plus bearing registration No.KA-05-EC-3453 and his friend was a pillion rider and when they reached Habbathnahalli, N.H.206, a Hyundai car bearing registration No.MH-01-AH-276 driven in rash and negligent manner, dashed against the motor cycle on which the appellant/claimant was moving. The appellant is stated to have suffered grievous injuries and also underwent medical treatment on which itself an amount of Rs.3.00 lakhs was spent.
3. The injuries stated to have been suffered by the claimant are :-
1. Right comminuted sub-trochantric fracture and the same is grievous in nature.
2. Bi-malleolar fracture of right ankle.
Functional disability of the appellant/claimant is stated to be at 20% and his income is considered at Rs.9,000/- p.m. at the rate of Rs.300/- per day and as appellant was aged ‘65’ years, multiplier of ‘5’ is applied. Thus, the ‘loss of future income’ is considered at Rs.9,000/- p.m. x 12 x 5 x 20/100 = 1,08,000/-. The details of compensation awarded under different heads are mentioned as follows:-
Sl.No. Heads Compensation
4. Learned counsel for the appellant/claimant would submit that the claimant/injured petitioner was aged ‘65’ years and was an agriculturist. In the context of the circumstances of age, avocation, injuries, disability and challenge as to quantum, I find that the compensation awarded at Rs.3,55,500/- together with interest at 9% p.a. is fair, just and equitable. No proceedings are required to be continued. Hence, the appeal is liable to be rejected at this stage itself. Accordingly, it is rejected.
Sd/- JUDGE *mn/-