IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 05TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.4282 OF 2016(MV) BETWEEN:
SRI GOVINDAREDDY S/O. RAMAIAH AGED ABOUT 58 YEARS R/AT NO.58/4, 3RD CROSS 7TH MAIN SYNDICATE BANK COLONY BSK III STAGE, BENGALURU– 560 085 (BY SRI NAIK RAMACHANDRAA RAMA, ADVOCATE) AND:
... APPELLANT 1. SRI CHANDRASHEKAR S/O. LATE B.H.MALLAPPA AGE: MAJOR R/AT NO.79, 2ND CROSS ANANDAGIRI EXTENSION NEAR GOVT. SCHOOL HEBBAL BELLARY MAIN ROAD BENGALURU – 560 024.
2. SRI Y.R. MOHAN R/AT NO.9, MOUNT JOY ROAD HANUMANTH NAGAR BENGALURU – 560 050.
3. M/S. NATIONAL INSURANCE CO. LTD.
3RD FLOOR, UNITY BUILDING ANNEXE NO.72, MISSION ROAD, P.G.NO.2701 BENGLAURU – 560 027 BY ITS GENERAL MANAGAER.
(BY SRI M.NARAYANAPPA, ADVOCATE FOR R3, ... RESPONDENTS NOTICE TO R1 AND R2 IS DISPENSED WITH V/O. DTD.21.7.2017) THIS MFA IS FILED UNDER SECTION 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.3.2016 PASSED IN MVC NO.989/2015 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITOIN FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT This appeal by the claimant is directed against the judgment and award dated 31.03.2016 passed in MVC No.989/2015 by the XIII Additional Small Cause Judge & Member, MACT, Benglauru, seeking for enhancement of compensation.
2. By the impugned judgment and award, the Tribunal has awarded compensation of Rs.2,40,000/- with interest at 9% per annum from the date of petition till realisation.
3. It is the case of the claimant that on 27.12.2014 at about 7.20 p.m. when he was proceeding on his motorcycle bearing Registration No.KA-02-EH- 5796 along with his friend near Vaddanahalli – Nachakunttee village cross, at that time a Tata Indica car bearing Registration No.KA-05-C-2697 came in a rash and negligent manner and dashed against the motorcycle, as a result of which, the claimant fell down and sustained severe injuries. Immediately, thereafter, he was shifted to Gowribidanur General Hospital, where he took treatment and later shifted to HAL hospital, Bengaluru and discharged from the hospital with the advise to follow up treatment.
4. Heard the learned Counsel for the parties.
5. Learned Counsel for the claimant/appellant submits that the tribunal has erred in awarding compensation towards loss of income during laid up period. He is an employee of HAL and his gross income was Rs.79,000/- at the time of accident. To establish the same, he has produced salary certificate. In the said salary certificate, his gross income was Rs.79,673/- p.m. and after deducting income tax, the net income comes to Rs.74,000/-. He was on leave for a period of two months for taking treatment. Hence, income for these two months has to be compensated. The Tribunal without considering the loss of leave period has awarded compensation of Rs.30,000/- towards loss of income during laid up period, which is on the lower side. Hence, he prays to allow the appeal by enhancing the compensation.
6. Learned Counsel for the respondent/insurance Company supports the impugned judgment and award passed by the tribunal.
7. Income of the claimant is undisputed. The claimant has produced documents to show that he had applied leave for two months for taking treatment. In total, he had applied leave for 72 days. In my opinion, it is appropriate to assess his income at Rs.72,000/- p.m. and that the claimant is entitled for a sum of Rs.1,44,000/- towards loss of income during laid up period for a period of two months as against the compensation awarded by the Tribunal.
8. The tribunal has awarded Rs.60,000/- towards pain and sufferings, Rs.30,000/- towards attendant charges, Rs.30,000/- towards future medical expenses, Rs.40,000/- towards loss of amenities and Rs.50,000/- towards permanent physical impairment, which is just and proper and does not call for interference.
9. Therefore, the claimant is entitled for total compensation of Rs.3,54,000/-, which shall carry interest @ 9% p.a. from the date of petition till realization.
Accordingly, appeal is allowed in part. The judgment and award passed by the Tribunal is modified.
The Insurance Company is directed to satisfy the award forthwith.
Sd/- JUDGE SA