IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MFA No.7149/2016 (MV) BETWEEN:
SRI.CHIKKAMUNIYAPPA, S/O. CHIKKA KRISHNAPPA, AGED ABOUT 43 YEARS, RESIDING AT MATAPURA VILLAGE, KOLAR TALUK & DISTRICT – 563101.
(BY SRI GOPAL KRISHNA.M, ADV.) AND:
THE MANAGING DIRECTOR, ANDHRA PRADESH STATE ROAD TRANSPORT COPORATION, MUSHEERABAD, HYDERABAD, ANDHRA PRADESH – 500 030.
... APPELLANT ... RESPONDENT (BY SRI. D.VIJAYA KUMAR, ADV.,) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:23.12..2015 PASSED IN MVC NO.642/2013 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, MACT, KOLAR PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal.
2. Heard the learned counsel appearing for the parties.
3. Occurrence of accident, rash and negligent driving, involvement of the vehicle and liability are not in dispute. The appeal is confined to the quantum of compensation.
4. After hearing the learned counsel appearing for the parties and perusing the judgment and award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and hence it is required to be enhanced.
5. The claimant has sustained open type both bones fracture proximal 1/3rd left fore arm. PW-2, the doctor in his evidence has stated that the claimant has suffered disability of 36% to the upper limb and 12% to the whole body.
6. Considering the nature of injuries, Rs.25,000/- awarded by the Tribunal towards ‘pain and suffering’ is on the lower side and it is deserved to be enhanced by another Rs.15,000/- and the same is awarded under this head.
7. As Rs.25,684/- awarded by the Tribunal towards ‘medical expenses’ is based on the medical bills produced by the claimant and there is no scope for enhancement under this head.
8. The claimant was treated as inpatient for a period of 17 days in R.L.Jalappa Hospital. Considering the duration of treatment, Rs.6,800/- awarded by the Tribunal towards ‘incidental expenses’ such as conveyance, nourishment and attendant charges is just and proper and there is no scope for enhancement under this head.
9. The claimant claims to have been working as a Mason and earning a sum of Rs.12,000/- per month, but the same is not established by producing any documents. In the absence of proof of income, the Tribunal has rightly assessed his income at Rs.6,000/- per month. The nature of injuries suggest that he must have been under rest and treatment for a period of 3 months and therefore, a sum of Rs.18,000/- is awarded towards ‘loss of income during laid up period’ as against Rs.6,000/- awarded by the Tribunal.
10. Considering the disability stated by the doctor and an amount of discomfort and unhappiness the claimant has to undergo in his future life, a sum of Rs.20,000/- is awarded towards ‘loss of amenities’.
11. The claimant is aged about 40 years at the time of accident, and the multiplier applicable to his age group is 15. His income is assessed at Rs.6,000/- p.m. PW-2, the doctor in his evidence has stated that claimant has suffered disability of 36% to the limb and 12% to the whole body. The disability caused to the whole body is taken at 12% instead of 8% taken by the Tribunal. Therefore, the ‘loss of future income’ works out to Rs.1,29,600/- (6000 x 12 x 15 x 12/100) and it is awarded as against Rs.86,400/- awarded by the Tribunal.
12. A sum of Rs.1000/- awarded by the Tribunal towards ‘Conveyance expenses’ is just and proper and there is no scope for enhancement under this head.
13. Thus, the claimant is entitled for the following compensation:-
awarded by Tribunal Balance 90,200 13. Accordingly, the appeal is allowed in part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimant is entitled for compensation of Rs.90,200/- with interest of Rs.20,000/-
which comes to Rs.1,10,200/-. The insurance company is directed to pay the compensation within a period of eight weeks to the claimant. The claimant is entitled to withdraw the same.
Sd/- JUDGE VM