Dinesh Kulal vs Udaya Ameen on 8 January, 2014

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Karnataka High Court

Dinesh Kulal vs Udaya Ameen on 8 January, 2014

Bench: Huluvadi G. Ramesh

                                1


       IN THE HIGH COURT OF KARNATAKA AT BANGALORE

           DATED THIS THE 8th DAY OF JANUARY 2014

                             BEFORE

         THE HON'BLE MR.JUSTICE HULUVADI G. RAMESH

                   M.F.A.No.2565 / 2011 (MV)

BETWEEN:

Dinesh Kulal, 31 years,
s/o Narayana Moolya
R/o Lalith Compound,
Paradi Road, Domppadakumeri,
Kolalagiri Post,
Udupi Taluk & Dist.                            .. Appellant

 ( By Sri H.Pavan Chandra Shetty, Advocate )

AND:

  1. Udaya Ameen, 38 years,
     S/o Shekara Poojary,
     R/o Shree Laxmi, Iswaranagar,
     Garadimajalu, Thekanidiyur village,
     Udupi Taluk & Dist.

  2. The New India Insurance Co.Ltd.,
     2nd Floor, Sri Ram Arcade,
     Opp: Head Post Office, Udupi,
     Rep.by its Branch Manager.                .. Respondents

 ( By Sri A.Ravishankar, Advocate for R-2 )


       This MFA is filed under Section 173(1) of M.V.Act against
the    judgment and award dated 21.9.2010 passed in
                                2

MVC.No.334/2009 on the file of the Addl.Senior Civil Judge,
MACT, Udupi, 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 award passed by the learned Addl.Senior Civil Judge, MACT, Udupi, in MVC.No.334/2009, dated 21.9.2010.

2. It is the case of the claimant that on 13.6.2008 at about 5.15 p.m. when he was proceeding as a pillion rider on a motorbike bearing registration No.KA-20-U-8100 from Kodavuru side towards Santhekatte, a goods tempo bearing registration No.KA-20/2279 came from opposite direction in a rash and negligent manner and dashed against the motorbike due to which, he fell down and sustained grievous injuries. Immediately he was shifted to Hitech Hospital, Udupi, wherein he was inpatient from 13.6.2008 till 17.6.2008 and thereafter, took follow up treatment. Claiming that he was working in Raj Fish 3 Meal and Oil Company, Malpe and earning Rs.5,000/- per month, claimant filed claim petition before the Tribunal seeking compensation.

3. On the matter being contested by the respondent- insurer, the Tribunal raising as many as five issues, after enquiry, holding that the accident was due to negligence on the part of the driver of the tempo in question, awarded compensation of Rs.74,850/- with interest at the rate of 8% p.a. under the following heads :

1. Pain and suffering : Rs.25,000-00

2. medical expenses : Rs.7,600-00

3. Loss of income during : Rs.17,250-00 laid up period

4. Towards discomfort and : Rs.20,000-00 loss of amenities in life

5. Conveyance, attendant : Rs. 5,000-00 and extra nourishment food charges

----------------------

Total Rs.74,850-00

----------------------- Being not satisfied, the claimant/appellant is before this Court seeking enhancement of compensation.

Heard the learned counsel for respective parties.

4. The learned counsel for the appellant submitted that the compensation awarded by the Tribunal is on the lower side having regard to the nature of injuries suffered by the claimant and accordingly, seeks enhancement of compensation.

5. The learned counsel appearing for the respondent- insurer has submitted that compensation awarded is just and proper and the same does not call for interference and accordingly, sought dismissal of the appeal.

6. As per the medical evidence, there is said to be fracture of right clavicle, axillary border of right scapula and extensor tendon injury over right hand. As per Ex.P-10 - treatment certificate, there is said to be debridement and tendon repair was done under block. According to the learned counsel for the claimant, claimant was working as a loader and was aged 29 years at the time of accident. Having regard to the nature of injuries and the permanent disability assessed at 18.6% to his right upper limb, the disability could be taken at 6% to the whole body. As the accident is of the year 2009, taking the income of 5 the claimant around Rs.4,500/- per month, he would be entitled for a sum of Rs.51,000/- towards loss of future earning due to disability and another sum of Rs.5,000/- towards other incidental expenses. Thus, in all the claimant is entitled to compensation of Rs.56,000/- over and above what has been awarded by the Tribunal.

While modifying the judgment and award passed by the Tribunal, the claimant/appellant is awarded compensation of Rs.56,000/- 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 respondent-insurance company shall deposit the compensation within three months.

Appeal is allowed in part.

sd/-

JUDGE bk/

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