IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE MFA NO. 2572/2010 (MV) BETWEEN:
SRI CHIKKANNA S/O CHIKKA THIMMAIAH AGED ABOUT 34 YEARS R/AT C/O H.V.VEERANNA H.MALLIGERE VILLAGE DUDDA HOBLI MANDYA TALUK (BY SRI S SHAKER SHETTY, ADVOCATE) AND:
1. SRI C H VENKATA RAMAIAH R/AT C VII BLOCK PLOT NO.485, KENDRIYA VIHAR YELAHANKA BANGALORE-64 2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE COMPANY LTD., SUNDER ARCADE OPP. SUBURB BUS STOP B N ROAD MYSORE-570 002 …APPELLANT ... RESPONDENTS (BY SRI D VIJAYA KUMAR, ADVOCATE FOR R-2;
APPEAL AGAINST R-1 IS DISMISSED V/O DT. 16.11.2012) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.01.2009 PASSED IN MVC NO.543/2007 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN) AND CJM, MACT, MANDYA PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed seeking enhancement of compensation.
2. The appellant suffered injuries in an accident that took place on 11.07.2007 at about 5 p.m. while he was going in autorickshaw bearing No.KA-41/3831 at NCC Gate U-Curve, Dasappanadoddi in Bidadi Taluk and when the driver of the Tipper Lorry bearing No.KA-04/B-2623 drove the vehicle in a rash and negligent manner and dashed against the auto resulting in grievous injuries to him. The Bidadi police registered a case, investigated the matter and filed chargesheet against the driver of the tipper lorry.
3. The appellant got examined himself as P.W.1 and adduced the evidence of doctor as P.W.2 and got marked 19 documents. The Tribunal, considering the case of the appellant, awarded total compensation of Rs.1,06,000/-. Not being satisfied, the appellant is in appeal.
4. Learned counsel for the appellant submitted that earlier to the accident, the appellant was running a provisional store and was an auto commission agent earning Rs.15,000/-
p.m. and because of the injuries sustained by him, he is not in a position to continue his avocation. He further submitted that the Tribunal has disbelieved the evidence of the appellant and has taken only Rs.4,000/- as his monthly income, which is on the lower side.
5. There is an observation made by the Tribunal that the nature of injuries has not caused any economic loss to the appellant. The doctor -P.W.2 has assessed the disability to the extent of 40% to the left lower limb. The Tribunal held that considering the nature of injuries sustained by the appellant, the disability stated by P.W.2 appears to be exorbitant and therefore, he is not entitled for compensation towards loss of future income.
6. I have heard learned counsel for the parties and gone through the papers made available.
7. Considering the nature of injuries suffered by the appellant and also his avocation, the income taken by the Tribunal at Rs.4,000/- is on the lower side. Further, P.W.2 has stated that the appellant has suffered 40% disability to his left lower limb. Though the Tribunal disbelieved the same, however, considering the evidence of the doctor and the injuries suffered by the appellant, he must have suffered some disability and it would be proper to assess the disability at 10%. Therefore, if Rs.10,000/- is taken as monthly income and the disability is assessed at 10%, it comes to Rs.1,92,000/- (10,000x12x10%x16), which is awarded under the head ‘loss of future income’. The amount awarded by the Tribunal towards pain and agony at 50,000/- and towards medical expenses at Rs.10,000/- appear to be reasonable and remain undisturbed. However, towards conveyance and nourishment charges, another Rs.20,000/- is awarded and towards loss of income during laid up period, Rs.40,000/- is awarded in place of Rs.16,000/- awarded by the Tribunal. The amount awarded under the head loss of amenities at Rs.20,000/- and towards future surgery costs at Rs.5,000/- appear to be reasonable and remain undisturbed. Thus, the total compensation works out to Rs.3,42,000/-.
8. In the result, the appeal is allowed in part. The total compensation is enhanced to Rs.3,42,000/- as against Rs.1,06,000/- awarded by the Tribunal, which shall carry interest @ 6% p.a.
The amount in deposit, if any, is directed to be transferred to the MACT.
Sd/-
ACTING CHIEF JUSTICE bkv