Karnataka High Court
Prasanna L H vs B Raju on 9 January, 2014
Author: Huluvadi G.Ramesh
Bench: Huluvadi G. Ramesh
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 9th DAY OF JANUARY 2014
BEFORE
THE HON'BLE MR.JUSTICE HULUVADI G. RAMESH
M.F.A.No.7391 / 2011 (MV)
BETWEEN:
Prasanna L.H.
S/o Hanumanthappa, aged 22 years,
R/o A.K.Colony, Malakere Post,
Davanagere Taluk. .. Appellant
( By Sri Mahesh R. Uppin, Advocate )
AND:
1. B.Raju S/o B.Nagappa,
aged 27 years, R/o near
Hanumantha Temple,
Alur village, Davanagere Taluk.
2. Chandrashekar S/o Nagarajappa,
Age Major, R/o Door No.2213,
Nituvalli, Davanagere.
3. The Manager,
IFFCO-TOKIO General Insurance Company,
No.127A, Bhavani Arcades,
3rd Floor, Near Old Bus Stand,
Opp: Basava Vana,
New Cotton Market, Hubli. .. Respondents
( By Sri Rangegowda, Advocate for Sri A.N.
Krishnaswamy, Advocate for R-3 )
2
This MFA is filed under Section 173(1) of M.V.Act against
the judgment and award dated 14.6.2011 passed in
MVC.No.645/2009 on the file of the II Addl.Senior Civil Judge, VI
Addl.MACT, Davanagere, 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 :
JUDGMENT
This appeal by the claimant seeking enhancement of compensation is against the judgment and award passed by the learned II Addl. Senior Civil Judge & Addl.MACT-VI, Davanagere, in MVC.No.645/2009, dated 14.6.2011.
2. It is the case of the claimant that on 18.12.2008 at about 9.15 a.m. when he was going on two wheeler in front of Zilla Panchayat office, Lokikere road, Davanagere, a van bearing registration No.KA 26/4385 came from the opposite directed and dashed against his motorcycle due to which, he sustained grievous injuries. Immediately he was shifted to C.G. Hospital, Davanagere and is said to have spent more than Rs.50,000/- towards medical expenses. As such, claimant filed claim petition 3 before the Tribunal seeking compensation.
3. On the matter being contested by the respondent-insurer, the Tribunal raising as many as four issues, after enquiry, holding that the accident was due to negligence on the part of the driver of the van in question, awarded total compensation of Rs.1,54,594/- with 6% interest from the date of petition till the date of deposit under the following heads:
1. Medical expenses & nourishment : Rs.5,000-00
2. loss of income during laid : Rs.6,370-00 up period and rest
3. injury, pain and sufferings : Rs.25,000-00
4. loss of future income : Rs.98,224-00
5. loss of amenities of life & : Rs.20,000-00 discomfort
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Total Rs.1,54,594-00
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Being not satisfied, the claimant/appellant is before this Court seeking enhancement of compensation.
Heard the learned counsel representing the parties.
4. The learned counsel for the appellant submitted that 4 the compensation awarded by the Tribunal is on the lower side and accordingly, seeks enhancement of compensation. According to the learned counsel for insurer the compensation awarded is just and proper and the same does not call for interference and accordingly, sought dismissal of the appeal.
5. As per the wound certificate, claimant is stated to have sustained compound fracture of middle one third shaft of right femur. The accident is of the year 2009. Claimant was working as collie. He was aged 22 years at the time of accident. Having regard to the nature of injuries sustained, claimant would be entitled for another sum of Rs.10,000/- towards pain and suffering, Rs.10,000/- towards loss of income during laid up period and towards loss of future income due to disability, taking the income on the higher side and disability around 8 to 10% to the whole body, claimant would be entitled to another sum of Rs.25,000/- towards loss of future income due to disability. The claimant would also be entitled to a sum of Rs.5,000/- towards loss of amenities and enjoyment of life and Rs.10,000/- towards incidental expenses. Thus, in all the claimant is entitled to 5 compensation of Rs.60,000/- over and above the compensation awarded by the Tribunal.
While modifying the judgment and award passed by the Tribunal, the claimant/appellant is awarded compensation of Rs.60,000/- over and above the compensation awarded by the Tribunal with interest at the rate of 6% p.a. from the date of petition till the date of deposit. The insurer to deposit the amount within three months.
Appeal is allowed in part accordingly.
Sd/-
JUDGE bk/