IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY MFA NO.193 OF 2015 (MV) BETWEEN:
Sri. Kumar .B, S/o Sri. Basavaiah, Aged about 34 years, R/at Tharathi Village, Aghrahara Post, Koratagere Taluk, Tumkur District, Tumkur – 572 129.
... Appellant (By Sri. Mohan.S, Advocate) AND:
1. Smt. G.M. Sudha W/o Shivashankarappa, Aged about 42 years, Prop: S.R.S. Motors, R/o Hereshally Village, Challakere Taluk, Chitradurga District, Chitradurga – 577 522.
2. The Manager Oriental Insurance Co., Ltd., Sri. Sharada Complex, 1st Floor, Opp: KSRTC Bus Stand, Chitradurga – 577 522. ... Respondents (By Sri. O. Mahesh, Advocate for R-2; R-1 served.) MFA filed u/s 173(1) of MV Act against the judgment and award dated 28.08.2014 passed in MVC No.1065/2012 on the file of the Principal Senior Civil Judge, MACT-X, Tumkur, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This appeal coming up for Admission this day, the court delivered the following:
JUDGMENT The appellant is the claimant, being not satisfied with the quantum of compensation awarded in judgment and award dated 28.08.2014 made in MVC No.1065/2012 passed by the Principal Senior Civil Judge and Motor Accident Claims Tribunal-X at Tumkur (hereinafter referred to as ‘the tribunal’ for short) has filed this appeal seeking for enhancement of compensation.
2. It is the case of the appellant that on 02.07.2012 at about 5.30 pm when the appellant was riding the motor cycle bearing Reg.No. KA-06-EX-1191 on the way near fitwell factory at Antharasanahalli village, on Tumkur – Korategere road a bus bearing Reg.No. KA-16-A- 3311 came from opposite side in a rash and negligent manner by overtaking Auto-rickshaw which was moving ahead of the bus and dashed against the motor cycle. As a result, appellant fell down and sustained grievous injuries.
3. The Tribunal has awarded compensation of Rs.2,03,980/-. Being dis-satisfied with the same, the appellant has filed this appeal.
4. I have heard the learned counsel for both the parties. I have perused the judgment passed by the Tribunal. It is seen that the appellant has sustained Grade I compound comminuted fracture shaft right femur, Fracture of right ulna and right side acetebular fracture and he was in-patient for 30 days in hospital. The doctor who has treated the claimant has been examined as PW-2 and same has been believed by the Tribunal and awarded a sum of Rs.35,000/- towards compensation under the head of pain and sufferings. From Ex.P5 wound certificate and evidence of the doctor and also on the fact that he was in-patient for 30 days and considering the nature of injury, I feel to award another a sum of Rs. 15,000/- towards pain and sufferings in addition to Rs.35,000/- awarded by the Tribunal.
5. The only question to be considered in this appeal is that under the loss of future income, though the income has not been proved by the appellant, the Tribunal has taken Rs.4,500/- p.m. The claimant states that he was working as a driver and also agriculturist and was earning a sum of Rs.10,000/- p.m. Hence it is the duty of the claimant to produce relevant document in support of his claim. Even that itself is not sufficient to take income at Rs.10,000/- p.m. When the income is not proved with relevant materials, the place of residence, cost of living and year of accident should be considered for assessing the income of the injured. Considering the year of the accident as 2012, I am inclined to assess the income of the injured at Rs.7,000/- p.m. The disability is taken at 10%. Hence the loss of future income is 1,34,400/-(10% of Rs.7000/-= Rs.700 (income) x 12(months) x 16 (multiplier). Hence the appellant is entitled for total compensation of Rs.1,34,400/- as against Rs.60,480/- awarded by the Tribunal under the head of loss of future income.
6. Hence, the appeal is allowed in part. Appellant is entitled for enhanced compensation of Rs.88,920/- in addition to Rs.2,03,980/- awarded by the Tribunal. The enhanced amount carries interest at 6% p.a. from the date of petition till the date of payment.
MBM/AG Sd/-
JUDGE