IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL No.3486/2017 (MV) Between:
Sri. K.J. Sharath S/o Gangadharappa Aged about 19 years R/at Kaythanakere Village Madihalli Hobli Belur Taluk -573 115. ... Appellant (By Sri. H.T.Jagadeesh, Advocate) And:
1. Basavaraju S/o Keshava Shetty Aged about 30 years R/at Boodigundi Taraginapete Halebeedu Town Belur Taluk – 573 115.
2. The Manager Iffco – Tokiyo General Insurance Company Limited Plat No.101-106, N-1 New Delhi.
Represented by Iffco-Tokiyo General Insurance Company Limited Opposite Nagalakshmi Talkies Karnataka State Agriculture and Development Bank Chikkamagaluru – 577 145. ... Respondents (By Sri. S.V. Hegde Mulkhand, Advocate for R2 Notice to R1 dispensed with vide order dated 27.03.2019) This Miscellaneous First Appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988 against the judgment and award dated 31.12.2016 passed in MVC.No.179/2015 on the file of the Senior Civil Judge, MACT, Belur, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This appeal is coming on for Admission, this day, the Court delivered the following:
J U D G M E N T Though this appeal is listed for admission, the same is taken up for final disposal with the consent of both the learned counsel.
2. I have heard the learned counsel appearing for the appellant and the learned counsel appearing for respondent No.2/Insurance Company.
3. This appeal is filed by the claimant seeking enhancement of compensation awarded by the Tribunal for the injuries sustained by him in a road traffic accident which took place on 22.06.2015. The case of the appellant is that on 22.06.2015, at about 12.30 noon, while he was walking along with his father on Hassan–Halebeedu road and when they reached near Shaneshwara Temple situated in Kyathanakere Village, one TVS Star City bike bearing registration No.KA-46-H-4886, which was coming from Hassan side, ridden by its rider in a rash and negligent manner, dashed against the appellant, due to which he sustained severe injuries. Immediately, he was shifted to Hemavathi Hospital, wherein, he took treatment as an inpatient.
4. Learned counsel for the appellant submits that the appellant was aged about 19 years and he was having an income of Rs.50,000/- per month as an agriculturist and also by vending milk. On account of the accidental injuries, the appellant has suffered permanent disability and fracture of right ulna and shortening of left hand. He further submits that the total compensation awarded by the Tribunal is inadequate in view of the disability suffered by him, accordingly, he seeks to enhance the compensation.
5. Per contra, the learned counsel appearing for the Insurance Company would justify the compensation awarded contending that it is just and reasonable and no interference is called for. Accordingly, he seeks to dismiss the appeal.
6. The accident in question involving the TVS Star City bike bearing registration No.KA-46-H-4886 and the appellant sustaining injuries in the said accident owing to the actionable negligence on the part of the rider is not in dispute. According to the appellant he was an agriculturist and milk vendor earning Rs.50,000/- per month. The RTC extract which is marked as Ex.P14 is in the name of his father. The Tribunal after observing that the appellant would have been assisting his father in agricultural work and also taking into consideration, Ex.P13 i.e., a card issued by the Milk Producer’s Co-operative Society, which was in the name of the appellant has taken the monthly income of the appellant at Rs.8,000/- per month.
However, considering the aforesaid documents as well as considering that the accident took place in 2015, I am of the view that the income of the appellant can be taken as Rs.9,000/- per month.
7. According to the Doctor, the appellant has suffered 13% disability in view of the fracture suffered to the left hand ulna. The disability to the whole body is assessed at 5%. The same is just and proper. The multiplier of ‘18’ taken by the Tribunal is also proper.
8. Hence, the appellant is entitled for a compensation of Rs.97,200/- (9,000 X 5% X 12 X 18) as against Rs.86,400/-, awarded by the Tribunal towards ‘loss of future income’. A compensation of Rs.6,000/- awarded towards ‘attendant charges’, ‘conveyance’ and ‘nutritious food’ is enhanced to Rs.10,000/-. The appellant was an inpatient from 22.06.2015 to 27.06.2015. Considering the same and also considering the disability suffered by him, a sum of Rs.18,000/- is awarded towards ‘loss of income during laid off period’ as against Rs.16,000/- awarded by the Tribunal. The appellant is awarded a sum of Rs.30,000/- towards ‘loss of amenities’ as against Rs.15,000/- awarded by the Tribunal. Compensation of Rs.32,000/- awarded under the head ‘pain and suffering’, Rs.42,600/- awarded towards ‘medical expenses’ and Rs.20,000/- awarded towards ‘future medical expenses’ are just and proper.
9. Therefore, the appellant is entitled for a total compensation of Rs.2,49,800/- which is rounded off to Rs.2,50,000/- as against Rs.2,18,000/- awarded by the Tribunal. The break up is as under:
Total ` 2,49,800=00 ============= (Rounded off) ` 2,50,000=00 ============= 10. Accordingly, I pass the following:
ORDER The appeal is allowed in part.
The judgment and award dated 31.12.2016 passed in M.V.C.No.1792/2015 on the file of the Senior Civil Judge and Motor Accident Claims Tribunal, Belur is hereby modified.
The appellant is entitled for a total compensation of Rs.2,50,000/- as against Rs.2,18,000/-, awarded by the Tribunal. The interest awarded by the Tribunal is unaltered.
Respondent No.2 - Insurance Company is liable to pay the compensation and shall deposit the award amount within a period of four weeks from the date of receipt of a copy of the judgment.
Sd/- JUDGE NR/-