IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.2966/2016(MV) BETWEEN:
VEERESH S/O MANJAPPA, AGED ABOUT 26 YEARS, OCC:COOLIE, R/O PAMENAHALLI VILLAGE, TOLAHUNASE POST, DAVANAGERE DISTRICT - 577 001. ...APPELLANT (BY SRI.SHASHIDHARA R, ADV.) AND:
1. SWAMY K S/O KRISHNAMURTHY, AGED ABOUT 36 YEARS, R/O PAMENAHALLI VILLAGE, TOLAHUNASE POST, DAVANAGERE DISTRICT-577 001, DRIVER OF PASSENGER AUTO BEARING NO.KA-17/A-5818.
2. GURUBASAPPA S/O SANNALINGAPPA, AGED ABOUT 64 YEARS, R/O #1775, NITTUVALLI, DAVANAGERE - 577 001 OWNER OF PASSENGER AUTO BEARING NO.KA-17/A-5818 3. THE DIVISIONAL MANAGER DIVISIONAL OFFICE, IFFCO TOKIO GENERAL INSURANCE COMPANY LTD. PCARD BANK, NO.7/432, K.B. EXTENSION, LAWYER ROAD, DAVANAGERE - 577 001. ...RESPONDENTS (BY SRI.E I SANMATHI, ADV. FOR R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:08.01.2016 PASSED IN MVC NO.659/14 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE & 5TH MACT, DAVANGERE, 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 In the accident that took place on 17th December 2103, the claimant suffered grievous injuries to his left leg, face ad other parts of the body. He was shifted to Kastur Ba hospital, Manipal and he was an inpatient there for five days. He filed claim petition seeking compensation before the Motor Accident Claims Tribunal. The Tribunal, by its order dated 08th January 2016 passed in MVC No.659 of 2014 awarded compensation of Rs.1,92,760/-. Being not satisfied with the compensation awarded, the appellant is before this Court in this Appeal.
2. The learned counsel appearing for the appellant submits that the injured has suffered 30% permanent disability whereas the Tribunal has committed an error in taking the same at 8%. He further submits that the income has been taken at Rs.4,500/- as against the claimed income of Rs.10,000/- per month. Hence he seeks enhancement in the compensation.
3. The learned counsel for the respondent-Insurance Company submits to dismiss the appeal.
4. Heard the learned counsel for the parties and gone through the judgment of the Tribunal. The Tribunal has taken the income of the claimant at Rs.4,500/- per month as against the claimed income of Rs.10,000/-. The same was done in the absence of production of any documentary proof. This court consistently assess the income based on the year of accident, place of residence, number of dependents, prevailing price index, etc. Since, in the present case, the accident is of the year 2013, the income is assessed at Rs.8,000/-. Hence, the calculation would be Rs.8,000/- x 12 x 10% x 18 = 1,72,800/-. The same is awarded under the head of future loss of income as against Rs.77,760/- awarded by the Tribunal. Under the head of pain and suffering another Rs.10,000/- is awarded. Towards loss of amenities and discomfort another Rs.15,000/- is awarded. Taking the income at Rs.8,000/- under the head loss of income during laid up period, 24,000/- is awarded which includes the amount already awarded by the Tribunal. For food, nourishment and attendant charges another sum of Rs.5,000/- is awarded. In total, the compensation would be Rs.3,31,800/- as against the compensation of Rs.1,92,760/- awarded by the Tribunal. The enhanced amount carries interest at the rate as is awarded by the Tribunal.
In the result, appeal is allowed in part.
lnn Sd/- JUDGE