Karnataka High Court
Narashimharao S/O Dr D Chakradhar Naidu vs Bhimanna S/O Sadappa Aursang on 14 August, 2014
Author: Ravi Malimath
Bench: Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA
GULBARGA BENCH
ON THE 14TH DAY OF AUGUST, 2014
BEFORE
THE HON'BLE MR. JUSTICE RAVI MALIMATH
M.F.A. NO.30679/2009 (MV)
BETWEEN
NARASHIMHARAO
S/O DR. D. CHAKRADHAR NAIDU,
AGE: 32 YEARS, OCC: MBBS STUDENT,
R/O SHASHINAG COMPLEX, BIJAPUR.
... APPELLANT
(BY SRI. SANGANAGOUDA V. BIRADAR, ADV.)
AND
1. BHIMANNA S/O SADAPPA AURSANG,
AGE: MAJOR, OCC: BUSINESS,
R/O KANNUR, TQ. BIJAPUR.
2. THE BRANCH MANAGER,
THE UNITED INDIA INSURANCE CO. LTD.,
BIJAPUR - 586 101.
3. DR. B. BASAVARAJESHWARI,
W/O DR. B. DHANARAJ REDDY,
AGE: 65 YEARS, OCC: DOCTOR,
R/O LINGANAPALLI, HYDERABAD-27.
... RESPONDENTS
(SRI. SHIVANAND V. PATTANSHETTI, ADV. FOR R1;
SRI. NAGARAJ PATIL, ADV. FOR
SRI. MANVENDRA REDDY, ADV. FOR R2;
APPEAL AGAINST R3 IS DISMISSED V/O. DTD: 09.02.12)
2
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01.10.2005 PASSED IN MVC
NO.530/1999 ON THE FILE OF THE MEMBER, MACT-VI,
BIJAPUR, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimant, seeking enhancement of compensation. The accident and the liability are admitted.
2. The injured was a MBBS student on the date of the accident, which took place on 28.03.1999. His income is held at Rs.3,000/- per month. I'am of the considered view that the income held by the Tribunal is just and appropriate and does not call for enhancement. The doctor has held the disability at 35% to 40% to the whole body. But the Tribunal has taken the disability of the claimant at 15%. The nature of the injuries is a fracture to the right radios bone and a fracture of 5th metatarsal bone. Under these circumstances, I'am of the 3 considered view that it is not appropriate to hold whole body disability at 40%. The disability held by the Tribunal is just and appropriate. The claimant was aged about 22 years at the time of the accident. Hence, the appropriate multiplier would be 18. Hence, the loss of future earning as worked out by the Tribunal is just and appropriate and undisturbed
3. The amount of Rs.15,000/- awarded towards medical expenses in the absence of bills is just and appropriate. The amount of Rs.45,000/- awarded towards pain and suffering, the amount of Rs.22,500/- awarded towards loss of amenities and the amount of Rs.8,000/- awarded towards conveyance and nourishment are more on the liberal side and does not call for enhancement. However, no amount has been awarded towards litigation expenses. A sum of Rs.15,000/- is awarded towards litigation expenses following the judgment of the Hon'ble Supreme Court 4 reported in 2013 ACJ 1403 in the case of Rajesh and Ors. vs. Rajbir Singh & Ors.
4. The compensation now awarded is as follows:
1 Towards Loss of future Rs. 97,200/-
earnings 2 Towards pain and suffering Rs. 45,000/- 3 Towards loss of amenities Rs. 22,500/- 4 Towards conveyance & Rs. 8,000/-
nourishment.
5 Towards medical expenses Rs. 15,000/- 6 Towards litigation expenses Rs 15,000/-
Total Rs. 2,02,700/-
Hence, in all the compensation is enhanced by a sum of Rs.15,000/- (Rs.2,02,700/- less Rs.1,87,700/-) which shall carry interest at the rate of 9% p.a. from the date of the accident till the date of payment and shall be paid within a period of 12 weeks from the date of receipt of a copy of this order.
Ordered accordingly.
Sd/-
JUDGE LG