Nagareddy @ Nagappa S/O Malla vs Mahaboob S/O Babu & Ors on 6 August, 2014

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Karnataka High Court

Nagareddy @ Nagappa S/O Malla vs Mahaboob S/O Babu & Ors on 6 August, 2014

Equivalent citations: 2014 AAC 2957 (KAR), 2014 (4) AIR KANT HCR 155 (2015) 3 ACJ 1822, (2015) 3 ACJ 1822

Bench: N.Ananda, S.N.Satyanarayana

                           -1-




            IN THE HIGH COURT OF KARNATAKA
                    GULBARGA BENCH

         DATED THIS THE 6TH DAY OF AUGUST, 2014

                       PRESENT

          THE HON'BLE MR.JUSTICE N.ANANDA
                         AND
      THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA


   MISCELLANEOUS FIRST APPEAL NO.30224/2013 (MV)


BETWEEN

NAGAREDDY @ NAGAPPA S/O. MALLAPPA
AGE: 32 YEARS, OCC: AGRICULTURE
R/O. KADADINNI VILLAGE, TQ: MANVI
DIST: RAICHUR-584101

                                          ... APPELLANT

(BY SRI. BABU H. METAGUDDA, ADV.)


AND


1. MAHABOOB S/O. BABU
   AGE: 31 YEARS, OCC: DRIVER OF LORRY
   NO.KA-36/2941, R/O.MANVI
   DIST: RAICHUR-584101

2. MOHD. MUJAHID PASHA S/O. ABDUL KAHDAR
   JILANI, H.NO.2, WARD NO.10, BLOCK NO.1
   MANVI, DIST: RAICHUR-584101
                             -2-




3. THE MANAGER
   UNITED INDIA INSURANCE CO. LTD.,
   NEAR GANDHI CIRCLE, RAICHUR

                                          ... RESPONDENTS

(SRI. S. S. ASPALLI, ADV. FOR RESPONDENT NO.3,
NOTICE TO RESPONDENT NOS.1 AND 2 IS DISPENSED WITH
V/O DATED 28.08.2013)

      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD
DATED 10.09.2012 PASSED IN MVC NO.691/2011 ON THE
FILE OF THE PRL. DIST. JUDGE AT RAIHCUR, PARTLY
ALLOWING THE CLAIM PETITION AND SEEKING FOR
ENHANCEMENT OF COMPENSATION.

     THIS APPEAL IS COMING ON FOR ADMISSION THIS DAY,
N.ANANDA J. DELIVERED THE FOLLOWING:-

                        JUDGMENT

The matter is listed for admission. With the consent of learned counsel for parties, it is taken up for final disposal.

2. This is a claimant's appeal for enhancement of compensation.

3. We have heard Sri.Babu H. Metagudda, the learned counsel for appellant/claimant and Sri.S.S.Aspalli, -3- the learned counsel for respondent No.3/Insurance Company.

4. It is established from the evidence on record that claimant had suffered crush injury of his right lower limb and his right lower limb was amputed at the knee level. The claimant was aged about 30 years and he was an agriculturist. The accident took place on 04.07.2011. The Tribunal has determined the income of claimant at Rs.4,500/- per month and has assessed the permanent physical disability at 70% for calculation of compensation towards loss of future income due to disability. The Tribunal has awarded compensation of Rs.6,58,039/- under following heads:-

1. Towards loss of income due to disability Rs.4,59,000/-

2. Towards medical expenses Rs.1,09,039/-

3. Towards purchase of artificial limb Rs. 25,000/-

4. Towards pain and suffering Rs. 25,000/- -4-

5. Towards loss of amenities of life Rs. 25,000/-

6. Towards attendant charges Rs. 15,000/-

______________ Total Rs.6,58,039/-

5. After going through evidence, we find that the Tribunal has not awarded adequate compensation towards 'loss of earning capacity' and 'loss of future earnings' and income determined by the Tribunal is on the lower side. The Tribunal has also not awarded adequate compensation towards 'pain and suffering' and 'loss of amenities of life'.

6. The claimant was aged about 30 years at the time of accident and he was an agriculturist. Having regard to these facts, we determine the income of claimant at Rs.6,000/- per month. Consequently, claimant would be entitled to compensation of Rs.6,12,000/- towards loss of earning capacity and loss of future earning. In the circumstances, compensation awarded by the Tribunal is modified as follows:-

-5-

1. Pain and suffering Rs. 1,00,000/-

2. Loss of amenities of life Rs. 1,00,000/-

3. Loss of earning capacity and future earnings Rs. 6,12,000/-

4. Medical expenses Rs. 1,10,000/-

5. Loss of earnings during laid up period Rs. 30,000/-

6. Transportation and incidental expenses Rs. 25,000/-

7. Future medical expenditure and artificial limb Rs. 50,000/-

_______________ Total Rs.10,27,000/-

7. In the result, we pass the following:-

ORDER The appeal is accepted in part. Compensation of Rs.6,58,039/- awarded by the Tribunal is enhanced to Rs.10,27,000/- with interest at 6% from the date of petition till date of realisation.

The compensation of Rs.3,68,961/- enhanced by this Court shall be kept in fixed deposit in any nationalized -6- bank in the name of claimant. He shall be authorized to withdraw periodical interest and interest accrued on enhanced compensation shall be paid to claimant.

The parties to bear their costs.

Sd/-

JUDGE Sd/-

JUDGE Srt/msr

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