IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.1429 OF 2010 (MV) BETWEEN:
SRI.S.RAMESH S/O SRI.SHANKAR A.S., AGED ABOUT 27 YEARS, R/AT NO.597, 2ND MAIN ROAD, NAGARABHAVI 2ND STAGE, ANNAPURNESHWARI NAGAR, BANGALORE – 560 090.
(BY SRI. S.SHANKARACHAR, ADV.) AND:
1. SRI.HARISH S/O SRI.ERAPPA AGED ABOUT 35 YEARS, R/AT NO.17, BHARATHI NILAYA SANJEEVINI NAGAR, 2ND CROSS BANGALORE - 560 072, 2. SRI.B.P.LOKESH S/O SRI.PUTTASWAMY GOWDA AGED ABOUT 45 YEARS, R/AT BANDIHALLI VILLAGE JYOTHINAGAR POST, CHIKKAMAGALUR ... APPELLANT TALUK AND DISTRICT.
3. THE MANAGER M/S UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, P.B.NO.114, CRESCENT COURT, ABOVE BANK OF INDIA K.M.ROAD, CHIKKAMAGALUR REP.
BY THE BRANCH MANAGER.
(BY SRI.A.N.KRISHNASWAMY, ADV. FOR R3; R1 & R2 ARE SERVED) ... RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:13.08.2009 PASSED IN MVC NO.28/2007 ON THE FILE OF PRINCIPAL DISTRICT JUDGE & MEMBER, MACT, CHIKMAGALUR, 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:
J U D G M E N T The claimant preferred a claim petition seeking compensation for the accidental injuries suffered in the road traffic accident that occurred on 25 November 2006. The Motor Accident Claims Tribunal, Chikmagalur by its judgment and award dated 13th August, 2009 passed in MVC No.28 of 2007 awarded a total compensation of Rs.5,77,870/- with interest at 6% per annum. Being not satisfied with the amount of compensation, the appellant is before this court in this appeal, seeking enhancement.
2. Heard the learned counsel for the respondent and gone through the pleadings and documents made available before me. As per the wound certificate it is found that the injured has suffered five injuries. Except for the injuries 1 to 3 other injuries or grievous in nature. Medical bills at Rs.2,17,287 has been awarded by the Tribunal. Disability is assessed at 25%. As per the evidence of the Doctor, the injured has suffered 10% disability to the whole body. But after the general and laparoscopic examination the Doctor has opined that the disability of the injured cannot be quantified on percentage basis and he cannot be cured for his lifetime. The disability like lack of complete control of anal sphincter and absence of penile erection cannot be cured. Considering the nature of injury, the Tribunal has awarded the compensation of Rs.5,77,087/- with interest at 6% per annum.
3. In the facts and circumstances of the case, I find that the income taken by the Tribunal at Rs.3,000/- per month is very much on the lower side. Considering the age of the appellant who was 24 at the time of accident and who had bright future, but the unfortunate accident had put a full-stop to his future. Considering the evidence of the Doctor that the appellant cannot be cured for this lifetime, the disability is to be taken at 20% instead of 10% taken by the Tribunal. In order to meet the ends of justice, in the instant case, I intend to take my monthly income at Rs.5,000/-. Hence the calculation would be 5,000/- x 12 x 18 x 20% which comes to Rs.2,16,000/-, the same is awarded under the head loss of future income.
4. In the facts and circumstances of the case, I also award Rs.1,00,000/- towards loss of amenities. Considering the age of the appellant and also considering the bleak chance of his marriage prospects, it is appropriate award another Rs.1,00,000/- under the head marriage prospects and the same is awarded. The enhanced compensation carries interest at the rate as is awarded by the Tribunal. In the result the order of the Tribunal stands notified. It is made clear that the enhanced compensation should be kept in a fixed deposit in any of the nationalised banks of the choice of the petitioner for a period of three years. Appellant is permitted to withdraw the periodical interest that is accrued on the deposit.
Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn