IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR M.F.A. No.8232/2016 BETWEEN:
SRI GIRISH T.K., S/O KUMAR, AGED ABOUT 26 YEARS, R/O BELAGUMBA TOTA, BELAGUMBA ROAD, TUMKUR TOWN.
… APPELLANT (BY SHRI RAMESH K.R., ADVOCATE) AND:
1. SRI SRINIVAS, S/O SIDDAIAH, AGED ABOUT 46 YEARS, R/O NO.282, VYASARA PALYA, HANUMANTHAPURA, NEAR EURO KID SCHOOL, TUMKUR – 572 101.
2. THE UNITED INDIA INSURANCE CO. LTD., 1ST FLOOR, RAJA COMPLEX, AMBEDKAR ROAD, SIRA TOWN, TUMKUR DISTRICT – 572 101.
REPRESENTED BY ITS BRANCH MANAGER.
…RESPONDENTS (BY SHRI K.N. SRINIVAS, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH V/O DATED 10.11.2017) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.09.2016 PASSED IN MVC NO.1208/2015 ON THE FILE OF THE VI ADDITIONAL DISTRICT & SESSIONS JUDGE, MEMBER, ADDITIONAL MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT Heard Sri. Ramesh K.R., learned advocate for the claimant and Sri. K. N. Srinivas, learned advocate for the respondent No.2 - Insurer.
2. This appeal is presented by an injured claimant challenging the judgment and decree dated 08.09.2016 passed in M.V.C.No.1208/2015 on the file of the VI Additional District and Sessions Judge and Member, AMACT, Tumkur, seeking enhancement of compensation.
3. Sri. Ramesh K. R., learned Advocate for the claimant has urged the following grounds:
that the Tribunal has reckoned the earning capacity of the claimant at Rs.7,500/- per month for the accident that has occurred in the year 2015. The claimant is entitled for consideration of his income at Rs.9,000/- per month; and that the claimant has suffered fracture of 1/3rd right tibia. The Tribunal has awarded only Rs.15,250/- as “loss of income during treatment period”. The claimant could not work for 4 months. Therefore, the quantum of compensation on this head requires enhancement.
4. Sri. K. N. Srinivas, learned advocate for the insurer does not oppose the above grounds urged by the learned advocate for the claimant.
5. I have carefully considered the rival contentions and perused the records.
6. The accident has taken place in the year 2015. This Court has consistently considered earning capacity of an able bodied person in the year 2015 as Rs.9,000/- p.m. Therefore, learned advocate for the claimant is right in his submission that earning capacity of claimant ought to have been considered as Rs.9,000/- per month.
7. In the circumstances, the claimant shall be entitled for consideration of his income at Rs.9,000/- per month. He shall also be entitled for compensation towards “loss of income during treatment period” for 4 months at the rate of Rs.9,000/- per month.
8. In the circumstances, the quantum of compensation is re-computed as follows:
Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) Pain and sufferings 60,000/- 60,000/-
Loss of amenities and future prospects 30,000/- 30,000/-
Towards treatment 2,28,789/- 2,28,789/-
Medical Expenses 83,558/- 83,558/-
Future treatment 40,000/- 40,000/-
Loss of future income due to disability 2,43,000/- 2,91,600/-
(1350x12x18) Attendant charges 10,000/- 10,000/- Transportation charges 10,000/- 10,000/-
Food and Nourishment charges Loss of income during treatment period 10,000/- 10,000/-
15,250/- 36,000/- (9000x4) Total 7,30,597/- 7,99,947/-
Enhanced compensation 69,350/-
7. Hence, the following order:
(i) The appeal is allowed in part.
(ii) The compensation is enhanced by Rs.69,350/- payable with interest at 7.5% p.a. from the date of claim petition till the date of deposit.
(iii) The insurer is directed to deposit compensation of Rs.7,99,947/- with interest at 7.5% p.a. from the date of petition till the date of deposit before the Tribunal excluding the compensation if any paid earlier within a period of four weeks from the date of receipt of a copy of this order.
(iv) Compensation shall be disbursed as ordered by the Tribunal.
Sd/- JUDGE VP