Karnataka High Court
Shri.Chinnaswamy vs Shri.Ramachandra N.Nayak on 18 April, 2013
Author: B.Sreenivase Gowda
Bench: B.Sreenivase Gowda
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 18TH DAY OF APRIL, 2013
BEFORE
THE HON'BLE MR.JUSTICE B.SREENIVASE GOWDA
M. F. A.22479/2009 (MV)
Between:
Shri.Chinnaswamy,
S/o Senni Malai,
Age: 40 years, Occ: Cooli.
C/o Vital Naik Compound,
Bhandishitta, Karwar.
Uttara Kannada Dist. ... Appellant
(By Sri P.G. Mogali, Adv.)
AND:
1. Shri.Ramachandra N. Nayak,
Age: 48 years, Occ: Business.
R/o K.C.Road, Aramane Bldg.
Ankola, U.K. Dist.
2. The Manager,
M/s General Insurance Co. Ltd.
9/Ulsoor road,
Bangalore-560 042. ... Respondents
(By Sri.S.V. Yaji, Adv. for R-2,
Notice to R-1 dispensed with)
2
This MFA is filed under Section 173(1) of the Motor
Vehicles Act, praying to modify the judgment and award
dated 29.4.2009 passed by the I Addl.MACT, Karwar and
enhance the compensation, and etc.
This MFA coming on for Orders this day, the Court
delivered the following:
JUDGMENT
Appeal by the claimant seeking enhancement of compensation awarded by the Tribunal.
2. With the consent of the learned counsel appearing for the parties, the appeal is heard and disposed of finally.
3. For the sake of convenience the parties are hereinafter referred to as per their ranking before the Tribunal.
4. As there is no dispute between the parties regarding injuries sustained by the claimant in a road traffic accident occurred on 1.08.2006 due to rash and negligent riding of offending Car bearing registration No.KA-30/M-4003 by its driver and liability of insurer of 3 the vehicle, the only point that remains for consideration is:
Whether the compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?
5. After hearing the learned counsel appearing for the parties and perusing the judgment and award of the Tribunal, I am of the view that the quantum of compensation awarded by the Tribunal is not just and reasonable and is on the lower side and deserves to be enhanced.
6. As per the Ex.P.13-wound certificate, the claimant has suffered the following injuries:
(1) Lacerated injury of 1½" x ½" size over anterior aspect of M/3(R) leg, bone deep.
(2) Deformity abnormal modality pain on movement over (R) wrist fracture lower end of (R) radius.
(3) Multiple small abrasions over anterior aspect of (R) knee.
(4) Contusion of 1"x1" size over dorsum of (L) wrist with tenderness, fracture of lower end of (L) Radius.4
As per Ex.P.15, wound certificate issued by Ganga Hospital, Coimbatore, the claimant has suffered the following injuries:
(1) Both wrist has swelling over dorsal aspect with mild flexion at the joint. Tenderness present over the distal radius. The radial midlulnar styloid relationship is disturbed on both sides. (2) 3 cm sutured wound with superficial abrasion (3x2cm) and (2x1cm) right leg at upper and middle 1/3rd junction.
(3) Small superficial laceration left knee (o.5 cm) (4) Deltalyte below knee cast left leg.
The doctor is not examined regarding disability. Considering the two fractures and other injuries sustained by the claimant a sum of Rs.40,000/- is awarded towards pain and suffering.
7. The claimant was initially treated in Dr.Kamal Hospital and Medical Research Centre, Ankola, as inpatient for three days and thereafter continued his treatment in Ganga Hospital, Combatore. He has produced medical bills for Rs.29,360/-. Considering the nature of injuries and period of treatment, a sum of Rs.35,000/- is awarded towards medical and incidental expenses. 5
8. In the absence of proof of income, considering his age as 37 years, year of accident as 2006, his income is assessed at Rs.3,500/- per month. The nature of injuries suggest that he must have been under rest and treatment for three months. Therefore, a sum of Rs.10,500/- is awarded towards loss of income during laid up period.
9. In the absence of evidence of doctor regarding disability, no compensation towards loss of amenities and future income could be awarded.
10. Thus, the claimant is entitled to the following compensation:
1. Pain and suffering .. Rs.40,000/-
2. Medical & incidental expenses: Rs.35,000/-
3. Loss of income during laid up period ... : Rs.10,500/-
Total .. Rs.85,500/-
Less:Compensation awarded by
Tribunal .. : Rs.59,000/-
Addl. Compensation.. : Rs.26,500/-
11. Accordingly, the appeal is allowed in part. The judgment and award of the Tribunal is modified. The claimant is entitled to additional compensation of 6 Rs.26,500/- with 6% per annum for the date of claim petition till realization.
12. Insurance company is directed to deposit the additional compensation with interest within two months from the date of receipt of copy of this judgment and the same is ordered to be released in favour of the claimant.
No order as to costs.
13. Sri.S.V.Yaji, who has taken notice for 2nd respondent, is granted three weeks time to file vakalath.
Sd/-
JUDGE Sub/