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.6753 OF 2019 (MV-I) BETWEEN:
SRI KANUMAPPA, S/O SRI. KODAPPA, AGED ABOUT 46 YEARS, R/AT KOLI BURUJANAHATTI, KAMBALI BEEDI, CHITRADURGA TOWN, PERMANENT R/O DHARMAPURA VILLAGE.
HIRIYUR TALUK - 572141. ...APPELLANT (BY SRI KRISHNAOJI RAO, ADVOCATE) AND:
1. SRI VIJAY KUMAR T, AGED MAJOR, S/O THIPPESWAMY, OWNER OF MOTOR CYCLE BEARING REG. NO.KA-16-EA-4936, RESIDING AT HUCHAVVANAHALLI VILLAGE, NEAR VANI SUGAR FACTROY, HIRIYUR TLAUK - 572141.
2. THE BRANCH MANAGER, THE ORIENTAL INSURACE CO. LTD., SRI. SHARADA COMPLEX, P.B. ROAD, CHITRADURGA TOWN - 577501. …RESPONDENTS ***** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.11.2018 PASSED IN MVC NO.473/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT-V, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING FOR ORDERS ON THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The matter is listed for orders on I.A.No.1/2019.
2. For the reasons stated in the affidavit accompanying the application and in the facts and circumstances of the case, I.A.No.1/2019 is allowed. Delay of 168 days in filing this appeal is condoned and the matter is taken up for final disposal.
3. This appeal is directed against the judgment and decree dated 22.11.2018 passed in MVC No.473/2018 by the II Addl. Senior Civil Judge and Addl. MACT-V, Chitradurga, wherein claim petition filed by the injured-claimant came to be allowed in part and a compensation of Rs.2,14,600/- came to be awarded together with interest at the rate of 9% p.a. from the date of petition till the date of deposit.
4. The matter relates to the road traffic accident dated 26.09.2017 at about 8.50 p.m. when the petitioner was standing on the left side of the road near petrol bunk, Dharmpura village, at that time the rider of the motorcycle bearing Reg.No.KA-16-EA-4936 driven the same in rash and negligent matter and dashed to the petitioner, because of which he sustained serious injuries.
5. Respondents resisted the claim of the petitioner.
6. The Tribunal has granted compensation as per the following break up:
Towards pain and sufferings Rs.25,000-00 Conveyance, nourishment and attendant charges Towards loss of income during laid off period Rs.20,000-00 Rs.14,000-00 Medical expenses Rs.3,000-00 Loss of future earning capacity on account of permanent disability Loss of amenities of life, happiness and frustration Rs.1,17,600-00 Rs.20,000-00 Towards future medical expenses Rs.15,000-00 In Total Rs.2,14,600-00 The same is challenged by the claimant.
7. The injuries said to have been sustained by the petitioner are as under:
1. Pain and swelling over right leg.
2. Pain and swelling over left leg.
3. Comminuted type-2 fracture of tibia and fibula bone left leg.
8. Learned counsel for the petitioner submits that the monthly income and the percentage of disability have been considered unreasonably at a lower rate; equitably it should have been double the present rate for monthly income and loss of future earnings compared to the injuries.
9. The petitioner is stated to be an Agriculturist and the Tribunal has considered the monthly income at Rs.7,000/- and the disability is stated to be 32.56% to the left lower limb and its total impact on the body is considered at 10%. Thus, loss of future earning capacity is calculated as: Rs.7,000 X 12 X 10 X 14/100 =1,17,600/-.
10. The compensation awarded also has to be looked into from the perspective from the interest awarded at the rate of 9% p.a.
11. In the overall context and circumstances, the compensation awarded is fair, just and equitable, hence, no necessity to go ahead with the further proceedings. I do not find any merits in this appeal and the same is liable to be disposed of at this stage itself. Accordingly, it is rejected.
Sd/- JUDGE BSR