IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE B. SREENIVASE GOWDA M.F.A. NO.1883/2014 (MV) Between:
Sri Shivanna S/o Najaiah Aged about 53 years R/o. No.119, 6th Cross Srinivas Nagar Bangalore- 50.
The petitioner is unsound mind Rept. by guardian his wife Rajamma. ... Appellant (By Sri Venkata Reddy C.M., Adv.) And:
1. Keshav, S/o. Sathish.K.C., No.600, 4th Main, 3rd cross, Hanumanth Nagar, Bangalore-19.
2. The Manager, IFFCO TOKIO General Insurance Co. Ltd., No.745, 1st floor, Channakeshanagar, Hosur Road, Bangalore. ... Respondents (By Sri E.I. Sanmathi, Adv. for R2, Notice to R.1 dispensed with) This MFA is filed under Section 173(1) of MV Act against the judgment and award dated 11.09.2013 passed in MVC No.1498/2011 on the file of the III Additional Senior Civil Judge, Member, MACT, Bangalore, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This Appeal coming on for Admission, this day, the Court delivered the following:-
J U D G M E N T This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal.
2. With the consent of learned counsel appearing for parties, the appeal is heard, admitted and disposed of finally. Perused the judgment and award passed by the Tribunal.
3. As there is no dispute regarding certain injuries sustained by the claimant in a road traffic accident occurred on 14.12.2010 due to rash and negligent driving of the offending motor vehicle bearing registration No.KA-41-Q-4175 by its rider and liability of the insurer of the said vehicle, the only point that arises for my consideration in the appeal is:
“Whether the compensation of Rs.16,75,340/- with interest at 8% per annum awarded by the Tribunal is just and reasonable or does it call for enhancement?”
4. As per the wound certificate-Ex.P3, the claimant had sustained the following injuries:-
a) Head injury, b) Bilateral profound sensory neural deafness, Deformative of left ankle and fracture of both bones of left leg 5. He was treated as inpatient at ESI Hospital from 15.12.2010 to 18.02.2011. The injuries sustained and treatment underwent by the claimant are also evident from Ex.P5, discharge summary, Ex.P7, medical bills, Ex.P8, follow up record, Ex.P9, medical certificate, Ex.11-audiological report; Ex.P12-medical certificate issued by ENT Care Centre; Ex.P14-Case sheet; Ex.P15-
recent examination report; Ex.P16-2 X-rays and supported by oral evidence of the claimant and two doctors, who were examined as PWs-1, 2 and 4 respectively.
6. PW.2 Dr.L.Krishna Naik, ENT Specialist, in his evidence has stated that claimant has suffered bilateral profound sensory neural deafness and deformity of left ankle and both bones of left leg and suffered permanent disability of 100%. PW.4 Dr.Sujith Shekar, Orthopedic Surgeon, has stated that claimant has suffered disability of 40% to limb on account of fracture of his leg and hence, he has sustained 13% disability to the whole body.
7. Considering the nature of injuries a sum of Rs.1,50,000/- is awarded towards ‘pain and sufferings’. As Rs.2,67,340/- awarded by the Tribunal towards medical expenses is as per medical bills produced by the claimant it is just and proper and there is no scope for enhancement of compensation under the said head.
8. The claimant was treated as inpatient for 63 days at ESI Hospital. Considering the duration of treatment, a sum of Rs.30,000/- is awarded towards incidental expenses such as nourishment, conveyance expenses and attendant charges as against Rs.15,000/- awarded by the Tribunal.
9. He claims to have been earning Rs.18,000/-
p.m. by working as musician under PW.3 and produced salary certificate at EX.P13, according to which, he was getting monthly salary of Rs.18,000/ including bata. The earning of a musician depends upon his performance and number of programmes that one gives in a month. Considering the same, his income is assessed at Rs.12,000/- per month. The claimant is aged about 50 years and multiplier applicable to his age group is 13 as rightly taken by the Tribunal. PW.2, ENT Specialist has stated that claimant has suffered disability of 100% on account of bilateral profound sensory neural deafness. Therefore, loss of future income works out to Rs.18,72,000/- (12000x12x13x100/100) and it is awarded towards loss of future income as against Rs.11,88,000/- awarded by the tribunal.
10. The claimant has lost his hearing capacity to the extent of 100% in both the ears and he has to bear with this disability for the rest of his life. Considering the same, a sum of Rs.1,50,000/- is awarded towards loss of amenities as against Rs.25,000/- awarded by the Tribunal. A sum of Rs.50,000/- awarded by the Tribunal towards future medical expenses is just and proper and it does not require any enhancement.
11. Thus, the claimant is entitled for the following compensation:-
12. Accordingly, the appeal is allowed-in-part.
The judgment and award dated 11.09.2013 in MVC No.1498/2011 passed by the III Additional Senior Civil Judge and MACT Bengaluru (SCCH-18), stands modified. The claimant is entitled for an additional compensation of Rs.8,44,000/- with interest at 6% p.a. from the date of claim petition till the date of realisation.
13. The Insurance Company is directed to deposit the additional compensation amount together with interest within two months from the date of receipt of a copy of this judgment. Out of the additional compensation, Rs.7,44,000/- with proportionate interest is ordered to be invested in fixed deposit in the name of guardian of the claimant in any Nationalised Bank/Scheduled Bank/Post Office for a period of two years with a right of option to withdraw interest periodically. Remaining Rs.1,00,000/- amount with proportionate interest is ordered to be released in her favour. The Tribunal shall release and issue of FD slip to the claimant on the same day and shall try to transfer Rs.1,44,000/- with proportionate interest to the S.B Account of the guardian of the claimant i.e. his wife Rajamma by RTGS.
No order as to costs.
MKM SD/- JUDGE