Karnataka High Court
Basayya S/O. Fakirayya Pujar vs Murtajali S/O. Kamalsab Pendari on 4 March, 2013
Author: B.Sreenivase Gowda
Bench: B.Sreenivase Gowda
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 4TH DAY OF MARCH 2013
BEFORE
THE HON'BLE MR.JUSTICE B.SREENIVASE GOWDA
MISCELLANEOUS FIRST APPEAL NO.23092/2012 (MV)
BETWEEN:
Basayya
S/o Fakirayya Pujar,
Age:51 years, Occ:Agriculture,
R/o Khanpeth, Ramdurg,
Dist:Belgaum. ...Appellant
(By Sri.G.M.Somakkalavar, Adv)
AND:
1. Murtajali
S/o Kamalsab Pendari,
Age;36 years, R/o Junpeth,
Ramdurg, Tq: Ramdurg,
Dist:Belgaum.
2. The New India Assurance Company Ltd.,
Issuing Officer, H R Rathod Building,
Bus Stand Road, Goka, Tq:Gokak,
Through the Divisional Office,
The New India Assurance Company Ltd.,
Divisional Office, 3933/B2, Mudalagi Bldg,
Club Road, Belgaum, Dist:Belgaum.
...Respondents
(R1 sd,
:2:
M/s.B.C.Seetharama Rao Assts, Advs for R2)
This miscellaneous first appeal is filed under
Section 173(1) of the Motor Vehicles Act against the
judgment and award dated 30.01.2012 passed in MVC
No.1326/2011 on the file of the Senior Civil Judge, and
Member AMACT, Ramdurg, partly allowing the claim
petition for compensation and seeking enhancement of
compensation.
This MFA coming on for further orders, this day,
the Court delivered the following:
JUDGMENT
Appeal by the claimant seeking enhancement of compensation awarded by the Tribunal.
2. With the consent of the learned counsel for both the parties, the appeal is heard and disposed of finally.
3. As there is no dispute regarding injuries sustained by the claimant in a road traffic accident that occurred on 21/09/2010 due to rash and negligent driving by the driver of the auto-rickshaw bearing No.KA-25/F- 2129 and the liability of the insurance company of the said vehicle, the only point that arises for consideration is :3: whether quantum of compensation awarded by the Tribunal is just and proper or does it call for enhancement.
4. As per Ex.P-4-wound certificate, the claimant had sustained fracture of shaft of right femur and abrasion over right knee joint and contusion over the right leg which is evident from the OPD card, discharge card, X-ray, case sheet and disability certificate produced as per Exs.P8 to P-19. PW-2-Dr. Basavaraj H. Dodamani in his evidence has stated that the claimant had sustained disability to an extent of 55% to his limb and 30% to the whole body.
5. Considering the nature of injury, Rs.20,000/- awarded by the Tribunal towards pain and suffering, Rs.6,000/- awarded towards medical expenses as per the medical bills and Rs.10,000/- awarded towards incidental charges are just and proper and there is no scope for enhancement.
:4:
6. The claimant to substantiate his contention that he is an agriculturist and was earning more than Rs.5,000/- per month, has not produced any documents. Therefore, considering his age as 60 years and year of accident as 2010 and considering his profession as a coolie, his income is assessed at Rs.4,000/- per month. The nature of injuries suggest that the claimant must have taken bed rest for 4 months, thus the claimant is awarded Rs.16,000/- towards loss of income during laid up period as against Rs.5,000/- awarded by the Tribunal. Considering the nature of injuries, extent of disability suffered, an amount of Rs.20,000/- is awarded towards loss of amenities as against Rs.6,000/-. The claimant is aged about 60 years as per the medical certificate and the appropriate multiplier applicable is 9. Considering the nature of injuries, disability is taken as 15% to the whole body. Thus the claimant would be entitled to Rs.64,800/- (4000x15/100x12x9=64,800/-) towards loss of future income as against Rs.33,000/- awarded by the Tribunal. :5: Thus, the claimant is entitled to the following compensation.
Rs.
1. Pain and suffering 20,000/-
2. Medical expenses 6,000/-
3. Incidental charges 10,000/-
4. Loss of income during laid up period 16,000/-
5. Loss of amenities 20,000/-
6. Loss of future income 64,800/-
------------------
total 1,36,800/-
------------------
Thus the additional compensation comes to Rs.46,800/- {Rs.1,36,800/- less compensation awarded by the Tribunal Rs.85,000/-(1,36,800/- - 85,000/-=Rs.51,800/-)}.
Accordingly, the appeal is allowed in part. The judgment and award of the Tribunal dated 30/01/2012 is modified. The claimant is entitled to additional compensation of Rs.51,800/- with interest at the rate of 6% per annum from the date of claim petition till realisation. Insurance company is directed to deposit the :6: said amount with proportionate interest within two months from the date of receipt of copy of this judgment.
From out of Rs.51,800/- a sum of Rs.25,000/- with proportionate interest shall be deposited in a fixed deposit in the name of the claimant in any Nationalized Bank or Schedule Bank for a period of two years with a right of option to withdraw interest on the said sum. The remaining compensation with proportionate interest shall be released in favour of the claimant.
No order as to costs.
Sd/-
JUDGE Kmv