IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO MISCELLANEOUS FIRST APPEAL NO.863 OF 2019 (MV-I) BETWEEN:
SRI JAYAPPA R, S/O RANGAPPA, AGED ABOUT 31 YEARS, R/AT NO.200, GANAPATHINAGAR, BSK III STAGE, BANGALORE-560 085. ...APPELLANT (BY SRI SHANMUKAPPA K M, ADVOCATE) AND:
1. M/S GOMATI TOTAL GAZ DISTRIBUTORS, NO.1552,19TH MAIN, OPP:BTS DEPOT,1ST SECTOR, HSR LAYOUT, BANGALORE-560 102.
2. THE MANAGER, TATA AIG GENERAL INSURANCE CO LTD., J.P ANDDEVI, II FLOOR, JAMBUKESHWARA ARCADE, NO.69,MILLER ROAD, BANGALORE-560 052.
…RESPONDENTS ***** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.10.2018 PASSED IN MVC NO.4862/2017 ON THE FILE OF THE VII ADDITIONAL SCJ AND XXXII ACMM, MEMBER, MACT-3 COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING FOR ADMISSION ON THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is directed against the judgment and award dated 30.10.2018 passed in MVC No.4862/2017 by the VII Addl. Small Causes Judge & XXXII ACMM, Member, MACT-3, Bengaluru, wherein the claim petition filed by the injured-claimant came to be allowed in part and a compensation of Rs.7,48,900/- came to be awarded together with interest at the rate of 8% p.a. from the date of petition till the date of deposit. The claimant has sought for enhancement of compensation.
2. The details of road traffic accident are that on 26.04.2017 at 3.45 p.m., petitioner was riding his motorcycle on Hosur Main Road after attending the computer service work at Electronic City while so moving near Garebhavipalya Junction, petitioner stopped his motorcycle and waiting for green signal, at that time, a Tata Goods vehicle bearing Reg.No.KA-01-AG-4900 driven by its driver in a rash and negligent manner with high speed and dashed against the petitioner’s motorcycle from behind, due to the said impact, petitioner sustained multiple grievous injuries. He took treatment in St.John’s Hospital, Bengaluru. He claims that he was earning monthly income of Rs.20,000/-. A criminal case being registered against the driver of the offending vehicle in Crime No.60/2017 for the offence punishable under Sections 279 and 338 of IPC.
3. The insurance company opposed the claim petition.
4. The Tribunal was accommodated with the oral evidence of P.Ws.1 to 3 and documentary evidence Exs.P-
1 to P-37 on behalf of the petitioner. There was no witness being examined or any documents produced by the respondents side.
5. The injuries suffered by the petitioner are as under:
1. Type 3A open fracture of both bones of right leg 2. Fracture of 2nd, 3rd, 4th and 5th ribs of right side.
3. Fracture of bilateral nasal bones.
4. Pubic diastasis of pelvis.
5. Avulsion injury to Scrotum measuring 4 cm X 4 cm exposing testis 6. Right clavicular comminuted fracture closed and other injuries.
6. The petitioner claims to be a Computer Mechanic and his monthly income is claimed at Rs.20,000/-. The Tribunal considered the monthly income at Rs.10,000/- and the disability suffered by him is considered at 15% to the whole body and awarded the compensation.
7. Sri Shanmukappa, learned counsel for the petitioner-claimant would submit that consideration of monthly income and percentage of disability are on the lower side.
8. The question to be considered is “Whether the compensation awarded by the Tribunal is fair and equitable, more particularly, in the light of interest being considered at 8% p.a.?”
9. The Tribunal has granted compensation as per the following break up:
1 Pain and Agony Rs.60,000-00 2 Loss of income during treatment period 50,000-00 3 Loss of future earning 2,88,000-00 4 Medical expenses 2,95,900-00 5 Loss of amenities, conveyance, food and nourishment, attendant charges etc.
40,000-00 6 Future medical expenses 15,000-00 TOTAL Rs.7,48,900-00 10. Out of the above, loss of future earnings is calculated as Rs.10,000 X 12 X 16 X 15/100, considering that the claimant was aged 33 years as on the date of accident, and awarded compensation of Rs.2,88,000/- under the said head.
11. In the context and circumstances of the matter, I find that the compensation of Rs.7,48,900/- awarded by the Tribunal together with interest at the rate of 8% p.a. from the date of petition till the date of deposit is fair, just and equitable. There is no necessity to proceed further in the appeal. The appeal is devoid of merits and it is liable to be rejected at this stage itself. Accordingly, appeal is rejected.
Sd/- JUDGE BSR