Karnataka High Court
Mahantesh Baslingappa Javalagi vs Shivappa S/O Madivalappa Sirasangi, on 2 March, 2012
Author: L.Narayana Swamy
Bench: L.Narayana Swamy
IN THE HIGH COURT OF KARNA'EAKA
IRCU T BEN H AT DHARWAD
DA ED THIS THE 2 DAY OF MARCI' 20
BEFORE
THE HON BLE MR J STICE L RAYANA SWAMY
MPANO 252 5/201 LMVJ
FN
y y 7
) N
1
r
I
I
IN I S
I
I )
IM I I) F)R VPF\',110N ? F
FM OM N I
N N ) k
) IDI 110
JUDOMEN
ii t V
p
1'
p
I
mfa 2527511
3
'1 _,i i-,--
0. 1 ne 1carne -uusci
'-
ur Lne anneiieoi:
-
IIEUm SOC t i11itC0 that, as per the evidence of PW3 and also the wouno eernhcate Ex.P7, and ExP8 discharge card and other medical repc;rts including ExP13 Xrav report, it is disclosed that the injured has suffered two injuries to right hand. However, the Tribunal has awatded the compensation of onn towards pain and suffering. The compensation awarded ncCCr the other heads is on the lower side. Though the income of the injure•• d has been computed, no compensation awarde.d under the h.ead of loss of luture earning. The salars.r income of Rs,3,000/- pm. has been taken while awarding compensation under the head of loss of income during, laid up period. It is also contended that the compensation of Ru iO,OOO/ awarded towards future medIcal expenses is also on the lower side. Under the circumstances, it is submitted to enhance the cOmpensation..
4. o the .ti7er hand. the learned Cou,nsel for- the foid mfa 25275.11 4 of the evidence of doctor - PW2 and also the evidence of the claimant himself, who deposed that even after the accident, he is working as driver, shows that there is no loss of income by virtue of the accident. Accordingly, no compensation is awarded under the head of loss of future income. Since the claimant has not produced any income proof, rightly, the Tribunal has taken Rs.3,000/. p.m. in awarding loss of income during laid up period. It is also contended that the Tribunal is right in awarding Rs. 10,0001- towards future medical expenses and there is no need for any enhancement. Hence, he submitted to dismiss the appeal.
5. On the basis of the submissions of the learned Counsel and also on perusal of the medical evidence, it is undisputed that the injured has suffered injuries to his right hand. The Tribunal has awarded Rs.25,000/- towards pain and suffering, which is just and proper. In view of the fact that the injured has suffered fracture, another Rs.15,000/- is awarded under the head pain and suffering. Further, the income of the claimant assessed by the Tribunal at Rs.3,000/-
mth 2527511 p.m. is or. the ].ower side. When th.e ac.cident a.nd the occupation of the clain..ant as a driver i.s adn.itted, it is to be ciassified as skilled work and also as accident is of the year 2009. the income has to be assessed at least at Rs.2.00/ per dan, which comes to Rs6.000/ per month. Hence. Ps, 18,000/ is awarded under the head. of loss of income during the la.id up peiiod, by taking the income of Rs.6,000/ p.m., as against Rs.9,00O/ awarded by the Tribunal by taking the income of Rs.3,000/ p.m. For future medical expenses, another Ps. 10000% is awarded.
In all, an amount ci P534,000% is awarded in addition to what has been awarded by the Tribunal, which shall car% interest a.t 6% p.a. Appeal is allowed in pa.rt accordingly.
LJ%,LI e j_.1 1 gau