Karnataka High Court
Honnappa vs Venkatesh on 11 September, 2013
Bench: Mohan.M.Shantanagoudar, B.Sreenivase Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 11TH DAY OF SEPTEMBER, 2013
PRESENT
THE HON'BLE MR. JUSTICE MOHAN .M. SHANTANAGOUDAR
AND
THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA
Miscellaneous First Appeal No. 2242 of 2011 (MV)
BETWEEN:
HONNAPPA,
AGED ABOUT 29 YEARS,
S/O. MALLASETTY,
SHIVAJYOTHINAGARA,
HUNSUR TOWN - 571 189.
... APPELLANT
(By Sri. V. N. MADHAVA REDDY, ADV.)
AND
1. VENKATESH,
AGED ABOUT 31 YEARS,
S/O. BETTEGOWDA,
KARIGOWDA STREET,
HUNSUR TOWN - 571 189.
2. NANJUNDA @ NANJUNDASWAMY,
S/O. MALLASETTY,
SHIVAJYOTHINAGARA
HUNSUR TOWN - 571 189.
2
3. UNITED INDIA INSURANCE COMPANY LTD.,
NO.3/4, II FLOOR,
CHAMARAJ DOUBLE ROAD,
RAMASWAMY CIRCLE,
MYSORE - 570 021.
4. ZAHID HUSSAIN,
S/O. HAMED HUSSAIN,
BILIKERE POST,
HUNSUR TALUK - 571 189.
... RESPONDENTS
(By Sri. A. RAVISHANKAR, ADV. FOR R.3,
R.1, R.2 R.4 - SERVED)
* *** *
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED: 19.5.2010 PASSED IN MVC
NO.67/2009 ON THE FILE OF PRESIDING OFFICER, FAST
TRACK COURT, HUNSUR, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
This appeal coming on for Admission, this day,
Mohan M.Shantanagoudar J., delivered the following:
JUDGMENT
The appellant herein has sustained fracture of middle 3rd shaft tibia, oblique fracture of middle 3rd shaft fibula in the accident that occurred on 3.10.2005. He was operated and internal fixation was done. The doctor who 3 examined the claimant on 06.03.2010 has deposed that the claimant has sustained 51% disability to right leg. The claimant is feeling difficulty to walk for long distance and his right leg is bent, he cannot do mason work in future, he cannot sit cross legged and cannot climb steps, he cannot lift heavy weight. The doctor has also deposed that there is restriction in the movement of right leg to 10%.
2. On an overall assessment of the health condition of the claimant the doctor has opined the claimant has suffered 51% disability to particular limb. The doctor has also deposed that the claimant has suffered 44% disability to whole body which appears to be an exaggeration. Having regard to the facts and circumstances we are of the opinion that the claimant must have suffered 10% disability to the whole body. The accident is of the year 2005. Any able bodied man could earn Rs.120/- per day during the relevant period. Thus, we assess the income of 4 the claimant at Rs.3,500/- per month. The claimant was aged about 28 years at the time of the accident. The proper multiplier applicable is 17. Thus, for the aforementioned facts and figures the claimant would be entitled to Rs.71,400/- under the head "loss of future income" due to the disability. In addition to that the claimant is entitled to be awarded Rs.10,000/- towards incidental expenses and Rs.10,000/- towards loss of income during laid up period. Rs.50,000/- awarded by the Tribunal under the head "pain and suffering, loss of amenities and future unhappiness" and Rs.1,05,000/- awarded under the head "medical expenses" based on the medical bills produced by the claimant are just and proper.
3. Thus, in all the claimant is entitled to Rs.2,46,400/- as compensation i.e. the claimant is entitled to Rs.91,400/- as compensation in addition to what has been awarded by the Tribunal. The enhanced 5 compensation shall carry interest as awarded by the Tribunal. From the enhanced compensation 50% shall be invested in fixed deposit for a period of three years.
Accordingly the appeal is allowed in part.
Sd/-
JUDGE Sd/-
JUDGE Vb/bs*