IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MRS.JUSTICE S.SUJATHA AND THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ M.F.A.No.5477/2014 [MV] BETWEEN :
SRI K.S.NAGESHA RAO S/O LATE K.A.SUBBOJI RAO, AGED ABOUT 58 YEARS, R/AT NO.11, SRI RAGHAVENDRA, 2ND CROSS, 31ST MAIN, NANJAPPA LAYOUT, BTM 2ND STAGE BANGALORE-560 068. ...APPELLANT (BY SRI K.S.BHEEMAIAH, ADV.) AND :
1. SREE SHANMUGA TRADERS NO.29, DESHIHALLI, KMF ROAD, BANGARPET, KOLAR DISTRICT-563 114. KARNATAKA STATE THE OWNER OF THE LORRY BEARING NO.KA-08-3081.
2. SRI M.GUNASHEKAR S/O SRI MUNISWAMY, AGED ABOUT 49 YEARS, LORRY DRIVER, RKN TRANSPORT DESHIHALLI, BANGARPET TALUK, KOLAR DISTRICT.
3. THE BRANCH MANAGER ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED NO.39, 2ND FLOOR, CMH ROAD, INDIRANAGAR, BANGALORE-560 038.
4. THE MANAGING DIRECTOR KSRTC, DOUBLE ROAD, SHANTHINAGAR, BANGALORE.
5. SRI MOHAMMED RAFFIC BADGE NO.1560 DRIVER OF KSRTC BUS BEARING NO.KA-18-F-385 ROUTE NO.85, SAKALESHPUR DEPOT., HASSAN DISTRICT.
6. THE MANAGER M/s ORIENTAL INSURANCE COMPANY LIMITED NO.1001/156, JAYALAKSHMI MANSION 2ND FLOOR, Dr. RAJKUMAR RAOD, 4TH BLOCK, RAJAJINAGAR BANGALORE 560010. …RESPONDENTS (BY SRI N.JAYAPRAKASH, ADV. FOR R-1; SRI B.PRADEEP, ADV. FOR R-3; SMT.SHWETHA ANAND, ADV. FOR R-4; SRI A.N.KRISHNA SWAMY, ADV. FOR R-6; R-2 & R-5 ARE DISPENSED.) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 02.06.2014 PASSED IN MVC NO.3543/2011 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-4, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE S.SUJATHA J., DELIVERED THE FOLLOWING:
J U D G M E N T Learned counsel Sri. B. Pradeep is permitted to accept notice on behalf of respondent No.3.
2. We have heard the learned counsel for the respective parties.
3. The petitioner has challenged the judgment and award passed by the Motor Accident Claims Tribunal, Bangalore (SCCH-4) (‘Tribunal’ for short) in MVC No.3543/2011.
4. The claimant/appellant filed claim petition under Section 166 of the M.V.Act, 1988 for grant of compensation on account of injuries sustained by him in a road traffic accident which occurred on 16.01.2011 while the claimant was travelling in a KSRTC bus bearing Registration No.KA 18 F 385 from Hassan to Channarayapatna. The actionable negligence of the driver of the offending vehicle has been proved. The Tribunal has awarded total compensation of Rs.2,44,040/- with interest @ 6% p.a. from the date of petition till the date of deposit.
5. Being dissatisfied, the petitioner is in appeal seeking enhancement of compensation.
6. The factum of accident and the injuries sustained by the claimant are not in dispute. The claimant was aged about 55 years at the time of the accident and was working as an Accountant with M/s Nongwoo Seed India Private Limited. It is the case of the appellant that he was drawing the salary of Rs.22,000/- per month and due to the accidental injuries, he could not attend to his work and lost the income. Considering these aspects, the Tribunal awarded a sum of Rs.24,000/- towards loss of earning during the period of treatment.
7. It is evident from the record that the petitioner has suffered multiple fractures and was admitted to Hosmat hospital and treated in the ICU of the said hospital.
8. The injuries suffered being grave in nature, the compensation awarded by the Tribunal towards pain and suffering at Rs.40,000/- requires to be enhanced and the same is re-assessed at Rs.50,000/-. The monthly income determined by the Tribunal at Rs.6,000/- is on the lower side. Considering the bank statement account extract produced by the appellant, we deem it appropriate to enhance the monthly income to Rs.22,000/- per month. Applying the same, loss of earning during the period of treatment would be Rs.88,000/-. It is apparent from the record that the injuries sustained by the claimant have a bearing on his future life and due to which the claimant has to forego the amenities which he would have otherwise enjoyed but for the accident. Considering the same, a sum of Rs.50,000/- is awarded towards loss of amenities and enjoyment as against Rs.30,000/-. The nature of injuries, duration of treatment taken, age and occupation of the claimant if be considered, compensation of Rs.95,040/- awarded towards permanent disability requires to be enhanced and in our considered view, awarding Rs.1,50,000/- would be just and proper under this head. Similarly, compensation of Rs.25,000/- awarded by the Tribunal towards medical and incidental charges is enhanced to Rs.30,000/-. Compensation towards future medical expenses awarded by the Tribunal at Rs.30,000/- requires to be enhanced to Rs.50,000/- in view of the requisite surgery for removal of orthopedic implants and the related medical expenses.
9. Thus, the total compensation awarded by the Tribunal is modified as under:
a. Pain and suffering - Rs.50,000/-
b. Loss of amenities & happiness - Rs.50,000/-
c. Medical & incidental charges - Rs.30,000/-
d. Loss of earning during the period of treatment - Rs.88,000/-
e. Towards Permanent disability - Rs.1,50,000/-
f. Future medical expenses - Rs.50,000/-
Rs.4,18,000/-
Total compensation awarded by the Tribunal is modified and enhanced to Rs.4,18,000/- as against Rs.2,44,040/- which shall carry interest @ 6% p.a. from the date of petition till realization.
The deposit of the compensation amount and the payment shall be in terms of the order passed by the Tribunal.
Learned counsel Sri.B. Pradeep is permitted to file vakalth within two weeks.
Sd/- JUDGE Sd/- JUDGE Dvr: