Karnataka High Court
Ajit S/O. Kuberappa Doddamani vs The Managing Director on 20 February, 2014
Author: Aravind Kumar
Bench: Aravind Kumar
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 20TH DAY OF FEBRUARY, 2014
BEFORE
THE HON'BLE MR. JUSTICE ARAVIND KUMAR
MISCELLANEOUS FIRST APPEAL NO. 24978/2012 (MV)
BETWEEN
AJIT S/O. KUBERAPPA DODDAMANI
AGE: 35 YEARS, OCC: AGRICULTURE
R/O. PLOT NO. 26, DEVARAJ URS COLONY,
BASAVAN KUDACHI, TQ & DIST: BELGAUM
... APPELLANT
(By Sri. HARISH S MAIGUR, ADV.)
AND
1. THE MANAGING DIRECTOR,
NWKRTC, R./BY DIVISIONAL CONTROLLER
NWKRTC, BELGAUM DIVISION,
BELGAUM
2. THE NEW INDIA ASSURANCE CO.LTD.,
BY ITS DIVISIONAL MANAGER,
CLUB ROAD, BELGAUM.
... RESPONDENTS
(By SMT. P.R.BENTUR, ADV. FOR R1,
SRI. R.R.MANE, ADV. FOR R2.)
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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED:11-09-2012 PASSED
IN MVC NO.559/2012 ON THE FILE OF PRESIDING
OFFICER, FAST TRACK COURT-IV, BELGAUM, 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 is a claimant's appeal for enhancement being not satisfied with judgment and award passed by MACT, Belgaum dated 11.09.2012 in MVC No.559/2012. 2 Heard Sri Harish Maigur, learned Advocate appearing for appellant and Sri. P.R.Bentur, learned Advocate appearing for respondent-1 and Sri.R.R.Mane, learned Advocate appearing for respondent-2. Perused the judgment and award in question.
3 Claimant has sustained following injuries as per X-ray report - Ex.P-21.
"(1) Fracture of mandible at the left parasymphysis of the mandible. The broken bony parts are fixed with the :3: metalbar with screws. Old healed but malunited.
(2) Fracture of the superior alvcolar part of the maxillary bone (ie., fort-1) broken bony parts are fixed with metal bar with screws. Old healed but malunited.
(3) There is reduction in the joint space with flattening of the condylar process of the left temporo-mandibular joint.
(4) Loss of teeth in both the jaws (maxilla & mandible) teeth Nos.16 &17 (with roots being present in the socket)& teeth nos.26 and 36 (with single root present in the socket) noted.
(5) Broken bony parts and loss of teeth are marked by blue arrows on the x-ray film."
4 Claimant was an inpatient at Lake View Hospital for 15 days as evidenced from Medico Legal Certificate - Ex.P-20. Claimant contends that he is an agriculturist by profession and on account of injuries sustained and consequential disability suffered, he is unable to work normally. Undisputedly, injuries sustained by him is to the :4: face namely, mandible region and maxillory orbit, which injuries would not come in the way of his earning. As such, Tribunal has rightly refused to award compensation towards 'loss of future income' and no infirmity can be found in this regard.
5 Taking into consideration the evidence of Doctor B.S.Bagi - P.W.2 and the fact that claimant has been operated upon for fixing lateral wall of maxillary sinus with plate and screw and there was fracture of mandible mid region to the extent of 20%, fracture of lateral wall of maxillary sinus (nose) with left orbit to an extent of 10% and there was left tempertomandible joint injured and damaged to an extent of 10%. Doctor has opined that permanent physical disability suffered by the claimant was to an extent of 54% and it would come in the way of claimant's normal day-to-day life. In other words, he has stated that claimant would find difficulty in chewing food and would suffer headache and as such, this Court is of the considered view that compensation towards 'pain and suffering' and 'loss of amenities' are required to be enhanced by awarding :5: additional compensation. In view of the injuries sustained by the claimant and consequential disability suffered, I am of the considered view that ends of justice would be met if additional compensation of Rs.20,000/- towards 'pain and suffering' and Rs.25,000/- towards 'loss of amenities or disability' is awarded. Accordingly, they are hereby awarded. 6 In view of the injuries referred to hereinabove having been sustained by claimant, he would not have attended to his normal duties at least for a period of three months. Income considered by Tribunal at Rs.3,000/- per month is on the lower side and taking into consideration fact that accident is of the year 2011, income of the claimant requires to be construed at Rs.4,500/- per month and as such, 'loss of income during laid up period' would be Rs.13,500/- and same is hereby awarded. Since Tribunal has awarded Rs.9,000/- towards the same, claimant would be entitled to the balance amount of Rs.4,500/- (13,500 - 9000) and same is hereby awarded to the claimant.
Thus, in all, claimant would be entitled to additional compensation of Rs.49,500/-.
:6:7 For the reasons aforestated, following order is passed:
(1) Appeal is hereby allowed in part. (2) Judgment and award passed by MACT, Belgaum dated 11.09.2012 in MVC No.559/2012 is hereby modified and it is hereby ordered that claimant would be entitled to additional compensation of Rs.49,500/- which shall carry interest @ 6% p.a. from the date of petition till date of payment.
(3) Insurer shall deposit the amount awarded within four weeks from the date of receipt of certified copy of this order. (4) Since compensation enhanced is less than Rs.50,000/-, same is ordered to be released in favour of claimant.
SD/-
JUDGE *sp