IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L.NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.5041 OF 2018 (MV) BETWEEN:
VEERAPPA K.S. S/O.SHIVANNA K.M., AGED ABOUT 42 YEARS, R/O KALLU VEERANAHALLI VILLAGE, KASABA HOBLI, MALAVALLI TQ.
MANDYA DISTRICT – 571 421.
(BY SRI. SREENIVASAN M.Y., ADV.) AND:
1. MAHADEVASWAMY S/O JAVAREGOWDA, MAJOR, R/AT KALYANIKOPPALU VILLAGE, B.G. PURA HOBLI, MALAVALLI TQ.
MANDYA DISTRICT – 571 421.
2. THE BRANCH MANAGER IFFCO TOKIO GEN. INSURANCE CO. LTD., NEAR AKSHYA BHANDAR, NEW KANTHARAJE URS ROAD, KUVEMPUNAGARA, MYSORE – 570 019.
3. THE MANAGING DIRECTOR KSRTC ... APPELLANT BENGALURU - CHAMARAJANAGARA DIVISION, CHAMARAJANAGARA – 571 441.
... RESPONDENTS (BY SRI.H.N.KESHAVA PRASHANTH, ADV. FOR R2; NOTICE TO R1 & R3 ARE DISPENSED WITH V/O DTD:28.03.2019) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:19.12.2017 PASSED IN MVC NO.378/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MALAVALLI, 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:
J U D G M E N T For the injuries suffered in the road traffic accident that took place on 29th November 2015, the injured made claim petition before the Motor Accident Claims Tribunal, Malavalli. The Tribunal, by its judgment and award dated 19th December, 2017 passed in MVC No.378 of 2016 awarded compensation of Rs.2,12,000/- with interest at the rate of 9% from the date of petition till its deposit. Being not satisfied with the compensation amount, the appellant is before this Court in this appeal, seeking enhancement.
2. The learned counsel appearing for the appellant submits that though in the claim petition it is claimed by the petitioner that he was doing plumbing work and was earning Rs.30,000/- per month, the Tribunal has disbelieved the same and has assessed the monthly income at Rs.9,000/- which is on the lower side. He further submits that the Tribunal has not awarded any compensation under the head loss of income during the laid-up period. Hence he prays for enhancement in the compensation.
3. The learned counsel appearing for the respondent- insurer submits to dismiss the appeal. He submits that the Tribunal has awarded the just and proper compensation based on the oral and documentary evidence placed before it and also after consideration of the submission made by the parties.
4. Heard the learned counsel for the parties and gone through the judgment and award of the Tribunal. It is submitted that the appellant is the only earning member of the family and that before the accident he was hale and healthy and was earning Rs.1,000/- per day. The impact of the accident is that the appellant has suffered fracture and surgery was done by implanting rod, plate and screws. It has also come in evidence that the appellant has taken follow-up treatment. The accident has resulted in the appellant unable to do any type of work and he is unable to walk properly, freely, limping and cannot bend his body, cannot sit sqat-leg. It has also come in evidence that the appellant was an inpatient between 29th November 2015 and 07th December 2015. Though the claimant claimed in the claim petition that he was earning Rs.30,000/- per day, no material has been produced to that. In such event, the Courts shall have to take notional income. Be that as it may, considering the injuries suffered by the claimant and also instead of awarding compensation under each head, in the facts and circumstances of the case, awarding a sum of Rs.1,10,000/- globally in addition to what has been awarded by the Tribunal would meet the ends of justice. Accordingly the same is awarded. It is made clear that the enhanced amount does not carry any interest.
Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn