Karnataka High Court
Sadashiv S/O Hanamant Veerkar vs Shankrappa Malakappa Gomal on 12 October, 2012
Author: K.Bhakthavatsala
Bench: K. Bhakthavatsala
1 MFA.30259/2009
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
DATED THIS THE 12TH DAY OF OCTOBER 2012
BEFORE
THE HON'BLE DR. JUSTICE K. BHAKTHAVATSALA
MISCELLANEOUS FIRST APPEAL NO.30259/2009 (MV)
BETWEEN
Sadashiv,
S/o.Hanamant Veerkar,
Age: 35 years,
Occ: Business,
R/o.Shikar Khana,
Bijapur. ...APPELLANT
(By Sri.Sanjanagoudar V.Biradar, Adv.)
AND:
1. Shankrappa Malakappa Gomal,
Age: 40 years,
Occ: Business,
R/o.Nagathan,
Taluk & Dist: Bijapur.
2. IFFCO TOKIO General Insurance
Company Ltd.,
Bijapur. ...RESPONDENTS
(By Sri.Sudarshan.M, Adv. for R-2,
Notice to R-1 dispensed with)
2 MFA.30259/2009
This MFA is filed u/s.173(1) of MV Act against the Judgment
& Award dt.30.8.2008 passed in MVC No.367/2004 on the file of
the II Addl. Dist. Judge/Member, MACT-3, Bijapur, partly allowing
the claim petition for compensation & seeking enhancement of
compensation.
This appeal coming on for hearing, this day, the Court
delivered the following:
JUDGMENT
The appellant/claimant is before this Court for enhancement of compensation in MVC No.367/2004 on the file of MACT-III at Bijapur.
2. Learned Counsel for the appellant submits that though the claimant sustained grievous injuries and resulted in permanent disablement to the extent of 20% of the whole body, the Tribunal has not awarded adequate compensation. He prays for enhancement of compensation.
3. Learned Counsel for respondent No.2/Insurance Company submits that the Tribunal has awarded adequate compensation and there is no good ground for enhancement of compensation.
3 MFA.30259/2009
4. In paragraph-24 of the impugned judgment, deals with the quantum of compensation awarded in favour of the claimant in MVC No.367/2004. The claimant has produced wound certificate, 121 cash memos, discharge card and driving licence. According to the wound certificate, the claimant sustained fracture of right femur and index medullar nailing. As per Exs.P.152 and 153 the claimant sustained fracture of right femur and tibia. The Tribunal has taken income of the claimant as `3,000/- per month and applied multiplier 15 while awarding compensation towards loss of future earning at 20% of the whole body. Compensation awarded in favour of the claimant is as under:
(in `)
(i) Pain and suffering 37,500-00
(ii) Loss of earning, special diet and incidental expenses 14,100-00
(iii) Medical expenses 18,903-00
(iv) Loss of future earning (`600/-x12x15) 1,08,000-00
(v) Loss of amenities 7,500-00
-----------------
Total 1,86,003-00
-----------------
4 MFA.30259/2009
5. The appellant/claimant is present before the Court and there is a disfigurement in the right leg. Keeping in view that the claimant who is 25 years old and driver cum owner of the motor vehicle and the accident occurred on 6.3.2004, his income can be safely fixed at `4,500/- per month. He required atleast four months time to take treatment and rest and he is entitled for loss of earnings during the period of treatment and rest for 4 months.
6. In any view, the claimant is entitled for compensation as under: (In `)
(i) Pain and suffering 35,000-00
(ii) Loss of earning during the Period of treatment and rest (`4,500/-x4) 18,000-00
(iii) Medical expenses 18,903-00
(iv) Conveyance, special diet and medical expenses 10,000-00
(v) Loss of future earning (`450/-x20%x12x16) 1,72,800-00
(vi) Loss of amenities and disfigurement 50,000-00
-------------------
Total 3,04,703-00
Less: Compensation
awarded by the Tribunal 1,86,003-00
------------------
Balance 1,18,700-00
-----------------
5 MFA.30259/2009
Thus, the claimant is entitled for additional compensation of `1,18,700/- along with costs and interest at the rate of 6% per annum from the date of Petition till realisation. Accordingly, the impugned judgment and award made in MVC No.367/2004 on the file of Addl. MACT at Bijapur, are modified.
Respondent No.2/Insurance Company is directed to deposit the enhanced compensation amount along with costs and interest with the Tribunal within two months from today.
Out of the compensation amount, a sum of `50,000/- shall be kept in Fixed Deposit for a period of three years with liberty to the claimant to draw periodical interest that accrues on the deposit.
Sd/-
JUDGE Bjs