IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE MFA NO.2437/2010 (MV) BETWEEN:
SRI PANCHAKSHARAIAH S/O KATAIAH AGED ABOUT 26 YEARS R/AT GOLLARATII, MAVINAHALLI KONDLI POST NITTUR HOBLI, GUBBI TALUK TUMKUR DISTRICT (BY SRI S. SHANKARACHAR, ADVOCATE) AND:
1. SRI C. CHANDRASHEKAR S/O N. CHINNAPPA NAIDU AGED ABOUT 32 YEARS R/AT NO.1236/A, 80 FT. ROAD B.S.K. 1ST STAGE, II BLOCK VINAYAKA NAGAR BANGALORE – 560 050 2. THE DIVISIONAL MANAGER ORIENTAL INSURANCE CO. LTD., D.O. VIII, NO.22, D.V.G. ROAD V.C.PLAZA, BASAVANAGUDI BANGALORE – 560 004 ... APPELLANT ... RESPONDENTS (BY SRI M. SUDHAKAR, ADVOCATE FOR R-1; SRI E S INDIRESH, ADVOCATE FOR R-2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.08.2009 PASSED IN MVC.NO.6376/2007 ON THE FILE OF 14TH ADDITIONAL JUDGE MACT COURT OF SMALL CAUSES, BANGALORE CITY, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed seeking enhancement of compensation.
2. The appellant suffered injuries in an accident that took place on 23.08.2007 at about 6.30 a.m. on NH-4, Tumkur-Bangalore Highway, Kunigal Circle, Nelamangala Town, while he was travelling in a Canter bearing registration No.KA-05 D-4383 as a cleaner. The driver of the said Canter drove the vehicle in a rash and negligent manner and dashed against the lorry bearing registration No.KA-20 A-9099 causing accident.
3. On account of the accident, the appellant suffered posterior dislocation of right hip and multiple abrasions over back. The appellant examined himself as P.W.1 and the doctor has been examined as P.W.2, who has deposed that the appellant suffered disability to the extent of 50% in relation to right lower limb and 17% in relation to the whole body. He was hospitalised on 24.08.2007 and discharged on 15.09.2007. Again, he was admitted as inpatient on 19.11.2007 and discharged on 26.11.2007 and there was total hip replacement done. He was getting salary of Rs.4,500/-
p.m. as a cleaner. He was aged 23 years at the time of accident.
4. I have gone through the papers made available.
As per the wound certificate, injured had suffered grievous injuries and he was treated for hip replacement. He was hospitalised for about two months and must have spent huge amount for treatment. The appellant was earning Rs.4,500/- per month, but the Tribunal has taken his income at Rs.3,000/- which is on the lower side. Under these circumstances, income has to be taken at Rs.4,500/- as claimed by the appellant. The evidence of doctor discloses that the appellant suffered disability to the extent of 50% in relation to the lower limb and 17% in relation to the whole body. In view of the evidence of the doctor and also having regard to the nature of injuries suffered by the appellant, permanent functional disability is to be assessed at 30%. Accordingly, income of Rs.4,500/- p.m. and functional disability at 30% are taken and Rs.2,91,600/- is awarded under the head of future loss of earnings (4500x12x30%x18=2,91,600/-). Towards pain and suffering, another Rs.20,000/- is awarded; towards loss of amenities, another Rs.15,000/- is awarded; towards loss of expectation of life, another Rs.15,000/- is awarded and towards travelling and other sundry expenses, another Rs.25,000/- is awarded. In all, the compensation is enhanced to Rs.5,87,050/-.
5. Accordingly, the appeal is allowed in part. The amount of compensation is enhanced from 3,17,630/- to Rs.5,87,050/-, which shall carry interest @ 8% p.a.
The amount in deposit, if any, is directed to be transmitted to the MACT.
Sd/-
ACTING CHIEF JUSTICE bkv