IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.560/2019(MV) BETWEEN:
SRI RAMESH S/O LATE NARAYANA AGED ABOUT 30 YEARS R/O BARLIBETTU THEKKATTE VILLAGE KUNDAPURA TALUK – 576 201.
..APPELLANT (BY SRI K PRASANNA SHETTY, ADVOCATE) AND:
1. SRI NARASIMHA S/O NAGA AGED ABOUT 39 YEARS R/O LALITHA NILAYA, MALYADI, THEKKATTE POST KUNDAPURA TALUK – 576 201.
2. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE:KUNDAPURA SHRI LAXMI NARASIMHA COMPLEX OPP: KSRTC DEPOT, NH-66, VADERHOBLI, KUNDAPURA – 576 201. ..RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED:13.08.2018, PASSED IN MVC No.1018/2017, ON THE FILE OF THE ADDITIONAL DISTRICT & SESSION’S JUDGE AND ADDITIONAL MACT, UDUPI (SITTING AT KUNDAPURA), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though the appeal is listed for orders on I.A., in the nature and circumstances of the case I.A.1/2019 is allowed. Delay of 48 days in filing the appeal is condoned. The matter is taken up for final disposal.
Appeal is directed against the Judgment and award dated 13.08.2018 passed in MVC No.1018/2017 by the Additional District and Sessions Judge, MACT, Udupi (sitting at Kundapura) wherein claim petition came to be allowed in part and compensation of Rs.5,28,650/- with interest at the rate of 6% p.a. from the date of petition till the date of payment came to be granted to the petitioner. Being not satisfied with the quantum of compensation, petitioner has preferred this appeal.
2. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
3. It pertains to road traffic accident dated 17.08.2017 at about 10.30 p.m. when petitioner was pillion rider on the motorcycle bearing registration No.KA-20-Y-5817 ridden by its rider from Vakwady side towards Thkkatte side in a rash and negligent manner and when the motorcycle reached near Mahalingeshwara Temple, Ulthoor, Kundapura Taluk, due to high speed the rider lost control over the motorcycle and fell on the road. Due to the said impact the petitioner sustained grievous injuries all over his body.
4. Injuries sustained by the petitioner – fracture of Tibia and fibula type I comminuted open fracture. Doctor-PW-2 has opined that the said injury is grievous in nature and 37% permanent disability in respect to right leg of petitioner. Disability considered by the Tribunal at 18.5% to the whole body and monthly income is considered at Rs.9,000/- and compensation towards loss of future earning capacity calculated by the Tribunal is as under:
9,000x12=1,08,000x18.5%= 19,980x17 =Rs.3,39,660/-
5. The details of break up of compensation granted by learned Member is as under:
SL.NO. DESCRIPTION AMOUNT 1. Injury, Pain and sufferings Rs. 50,000/-
2. Medical expenses Rs. 45,193/-
3. Future medical expenses Rs. 30,000/-
4. Loss of earning during treatment Rs. 1,800/-
5. Bed Rest Rs. 54,000/-
6. Loss of future earning Rs.3,39,660/-
capacity 7. Conveyance, nourishment and attendant charges Total Rounded off Rs. 8,000/- Rs.5,28,653/-
Rs.5,28,650/-
6. Petitioner is stated to have been working as a painter. Considering the context and circumstances of the case, nature of injuries, disability, I find compensation of Rs.5,28,650/- with interest at the rate of 6% p.a. granted by the learned Member is just and fair and does not require indulgence. Appeal is liable to be rejected. Accordingly it is rejected.
Sd/- JUDGE SBN