IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE MISCELLANEOUS FIRST APPEAL NO.3598 OF 2014 (MV) BETWEEN:
SRI.KUNNAMNAREGOWDA S/O. LATE CHANNAMARE GOWDA, AGED ABOUT 68 YEARS, R/AT DODDAKALLABALU, KOOTAGAL POST, HAROHALLI POST, KANAKAPURA TALUK, RAMANAGARA DISTRICT - 562 117. ...APPELLANT (BY SRI. SHANTHARAJ.K., ADV.) AND:
1. SRI.FAIROZ KHAN S/O. NOT KNOWN, AGE MAJOR, R/AT NO.1047, 12TH CROSS, BESIDE FRONT OF SHOW FACTORY, GOVINDAPURA MAIN ROAD, BANGALORE - 560 045, 2. THE MANAGER, IFFCO TOKIO, GENERAL INSURANCE COMPANY LTD., BY ITS MANAGER, NO.141, SHANTHI TOWERS, 5TH FLOOR, 3RD MAIN EAST OF NGEF LAYOUT, KASTHURINAGAR, BENGALURU-560 043.
...RESPONDENTS (BY SRI.B.PRADEEP, ADV. FOR R2;
NOTICE TO R1 IS DISPENSED WITH DTD:13.08.2015) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:04.03.2014 PASSED IN MVC NO.133/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, RAMANAGARA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T In the road traffic accident that took placed on 08th January 2011, the appellant suffered injuries and the injured has preferred claim petition before the Motor Accident Claims Tribunal, Ramanagara seeking compensation. The Tribunal, by its judgment and award dated 04th March 2014 passed in MVC No.133 of 2011, awarded compensation of Rs.78,940/- with 6% interest per annum. Being not satisfied with the compensation awarded, the appellant is before this court seeking enhancement in the compensation.
2. The learned counsel for the appellant submits that the compensation awarded by the Tribunal is on the lower side. He submits that though the Doctor PW2 has assessed the disability at 15.3% to the whole body, the Tribunal has taken it at 3%, which is on the lower side. He further submits thatthough the claimant has claimed that he was earning Rs.15,000/- per month by doing dairy farming, the Tribunal has disbelieved the same and has taken the income at Rs.3,500/- per month which is very meager. He further submits that the compensation awarded under other heads is also meager and hence prays for enhancement in the compensation.
3. The learned counsel appearing for the respondent- Insurance supports the award and submits to dismiss the appeal.
4. Heard the learned counsel for the parties and gone through the judgment and award. There is some force in the submission of the learned counsel for the appellant. The accident is of the year 2011 and the appellant was aged 65 years at the time of accident. In the accident, the claimant has suffered the following injuries:
1. Cut wound 5 x 6 cms over left side of forehead;
2. Abrasion over right knee;
3. fracture of the right hip joint;
4. 1 cm. cut wound neat left eye.
5. In the wound certificate Exhibit P4 it is mentioned that the wounds suffered by the injured are grievous in nature. It has also come in discharge summary that the petitioner has sustained fracture of posterior lip ofright acetabulum, fracture of inferior public ramus of right side and fracture of tip of ala of sacrum. In the claim petition it is also submitted that the claimant was doing agriculture, sericulture and dairy farming and was earning Rs.15,000/- per month.In the cases where there is no supporting document produced in proof of income, the notional income is to be taken considering the year of accident, place of residence, number of dependents, cost of living, etc. In the instant case, the accident is of the year 2011 and in the absence of any documentary evidence, the notional income is to be assessed at Rs.7,500/- per month. Accordingly it is taken. The learned counsel for the respondent submit that though the doctor has assessed the disability at 15.3%the disability is taken at 6% is on the higher side. In the facts and circumstances of the case, the disability is taken at 5%. Accordingly the calculation would be Rs.7,500/- x 12 x 7 x 5% which comes to Rs.31,500/-. The same is awarded under the head loss of future earningas against Rs.17,640/- awarded by the Tribunal. Considering the age of the appellant and also the pain and agony undergone by him at this age, Rs.60,000/- is awarded under the head pain and suffering, in addition to what has been awarded by the Tribunal. By taking into account the age of the appellant and by considering the laid up period for six months, Rs.45,000/- is awarded under the head loss of income during the treatment period. The Tribunal has not awarded any amount towards loss of amenities. Taking into account the trauma that the appellant has to undergo for the rest of his life, Rs.50,000/- is awarded under the head loss amenities. Towards Loss of earning during treatment period Rs.22,500/- is awarded inclusive of the amount awarded by the Tribunal. The compensation awarded by the Tribunal under other heads remain undisturbed.
Appeal is allowed in part.
lnn Sd/-
ACTING CHIEF JUSTICE