IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT M.F.A. NO.9017 OF 2011 (MV) BETWEEN V. SRINIVASA, S/O SHETTIPALLI VENKATASWAMY, AGED ABOUT 38 YEARS, RESIDING AT MUSTRAHALLI VILLAGE & POST, BANGARPET TALUK, KOLAR DISTRICT – 563 114. ... APPELLANT (BY SRI. KASHYAP N NAIK, ADVOCATE) AND 1. M. DEVARAJ, S/O MURUGAN, MAJOR, RESIDING AT SOMESHWARA BLOCK, OORGAUMPET, KGF, KOLAR DISTRICT – 563 120.
RC HOLDER OF AUTO RICKSHAW BEARING REG. NO.KA 08/1703.
2. THE NEW INDIA ASSURANCE CO. LTD, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS BRANCH/DIVISIONAL OFFICE AT UNITY BUILDINGS, J.C. ROAD, BANGALORE. ... RESPONDENTS (BY SRI.C.R. RAVISHANKAR, ADVOCATE FOR R2; R1 SERVED) THIS MFA IS FILED U/S 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:27.10.2010 PASSED IN MVC NO.6924/2008 ON THE FILE OF THE VI ADDITIONAL JUDGE, MACT, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T This appeal by the Claimant calls in question the judgment and award dated 27.10.2010 made by MACT, Bengaluru City, allowing the claim petition in M.V.C.No.6924/2008 whereby, a compensation of Rs.1,26,000/- with interest at the rate of 6 % per annum, has been awarded, subject to a usual condition of bank deposit for a period of two years.
2. The learned counsel for the claimant contends that the claimant was admitted to hospital for a period of 11 days; he has undergone operation in relation to a grievous injury to the knee; there was maljoint problem also as deposed by the medical witness PW.2; the MACT has awarded a very meager sum of compensation, disregarding the factuals established by the evidentiary material. Thus arguing, he seeks for enhancement of the compensation.
3. Per contra, the learned Panel Counsel for the respondent-insurer makes submission in justification of the award stating that the MACT has considered all aspects of the matter in the right perspective and that the findings recorded by an expert body like the MACT ordinarily should not be interfered with. So arguing, he seeks for dismissal of the appeal.
4. I have heard the learned counsel for the appellant- claimant and the learned counsel for the respondent-insurer. I have perused the Appeal Papers. I have also perused relevant pages of the original LCR.
5. The MACT has erred in taking the monthly income of the claimant at Rs.100/- for the accident year 2008 when the claimant was a bar bender by occupation and the Lok Adalat income chart mentions Rs.4,500/- as the monthly income for the accident year. Therefore, the monthly income of the claimant is taken at Rs.4,500/- per month.
6. The MACT grossly erred in assessing the occupational disability of the claimant at 5 %, regard being had to the nature of the injury, the kind of treatment and also the expert opinion of PW.2, the doctor who treated the injuries; keeping all this in view this court is of the considered opinion that the occupational disability ought to have been taken at 10%.
7. The compensation awarded by the MACT under the head ‘Medical Expenses, Conveyance, Food and Nourishment’ is at Rs.9,000/- again appears to be too low a sum. The Presiding Officer of the MACT appears to reside in a glass house with no exposure to the outer medical world. The evidentiary material on record coupled with presumptions that this court draws power under Section 114 of the Indian Evidence Act, 1872 this amount is enhanced from Rs.9,000/- to Rs.35,000/- in all.
With the above altered values, the compensation has been re-worked out as under:
Loss of future earnings (altered) : Rs.4,500/- x 12 x 16 = Rs.86,400/-
Medical Expenses ( altered) = Rs.35,000/-
Total Compensation = Rs.86,400/- + Rs.35,000/- + Rs.30,000/-
+ Rs.58,000/- = Rs.2,09,400/-.
In the above circumstances, this appeal succeeds in part; the impugned judgment and award are modified enhancing the compensation from Rs.1,26,000/- to Rs.2,09,400/- (Two Lakh Nine Thousand and four Hundred Rupees) only with interest at the rate of 6% per annum; all other terms and conditions thereof having been left unaltered.
No costs.
Sd/- JUDGE cbc