Karnataka High Court
Shri M C Subramani vs National Insurance Co Ltd on 28 August, 2012
Author: B.Sreenivase Gowda
Bench: B.Sreenivase Gowda
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IN THE HIGH COURT OF KARNATAKA
AT BANGALORE
DATED THIS THE 28TH DAY OF AUGUST 2012
BEFORE
THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA
MFA NO.8089/2008 (MV)
BETWEEN :
SHRI M.C.SUBRAMANI,
S/O. CHINNAPPAN,
AGED 51 YEARS,
R/AT TUTIPATTA POST,
BEHIND GANAPATHI STREET,
D.NO.276, PANAMAT ROAD,
AMBURU, TAMILNADU. ...APPELLANT
(BY SHRI SHRIPAD V.SHASTRI, ADV.)
AND :
1. NATIONAL INSURANCE CO. LTD.,
R.O. SUBHARAM COMPLEX,
144, M.G.ROAD, BANGALORE - 01.
BY ITS MANAGER.
2. SHRI KRISHNA,
S/O. ANNAYAPPA REDDY,
R/O.NO.201, BYATARAYANAPURA,
BANGALORE. ...RESPONDENTS
(BY SHRIYUTHS C.M.POONACHA, KIRAN V.RON,
K.S.DEVARAJ, A.NAGESH, RAKSHITH SHIVARAM, ADVS.
FOR M/S.LEXPLEXUS, FOR R-1 AND
R-2 NOTICE DISPENSED WITH)
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THIS APPEAL IS FILED UNDER SECTION 173(1) OF
MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND
AWARD DATED 21.08.2007 PASSED IN MVC NO.3471/2004
ON THE FILE OF THE XVI ADDITIONAL JUDGE, COURT OF
SMALL CAUSES, MEMBER, MOTOR ACCIDENT CLAIMS
TRIBUNAL, METROPOLITAN AREA, BANGALORE, (SCCH.
NO.14), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL COMING ON FOR HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING: -
JUDGMENT
This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal.
2. For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.
3. As there is no dispute regarding injuries sustained by the claimant in a road traffic accident occurred on 26.04.2004 due to rash and negligent driving of the lorry bearing registration No.AP-16-W-8284 by its driver and liability of the insurer of the offending 3 vehicle, the only point that arises for my consideration in the appeal is:
"whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?"
4. As per Ex.P12-wound certificate, the claimant has sustained following injuries:
i) Diffuse swelling and haemorthorasis of left shoulder joint with abrasion.
ii) Diffuse swelling right hand with abnormal movements of right MC.
iii) X-ray shows fracture GT of left humerus, fracture of neck MC right.
Injuries sustained and treatment taken by him are also evident from O.P card Ex.P13 and X-ray Ex.P14 and supported by oral evidence of the claimant and doctor who were examined as P.Ws.3 and 4 respectively. P.W.4 doctor in his evidence has stated that the claimant has suffered disability of 29% to the right lower limb and 10% to whole body.
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5. Considering the nature of injuries sustained by the claimant a sum of Rs.35,000/- is awarded towards 'pain and suffering' as against Rs.25,000/- awarded by the Tribunal.
6. The claimant has not produced any medical bills regarding amount spent towards medical expenses, considering nature of injuries sustained by the claimant a sum of Rs.10,000/- is awarded towards 'medical and incidental expenses' as against Rs.6,000/- awarded by the Tribunal.
7. The claimant claims to have been earning Rs.3,500/-per month by doing mason work. Considering his age as 47 years and year of accident 2004, his income is assessed at Rs.3,500/- per month. The nature of injuries suggest that he must have been under rest and treatment for a period of 3 months and therefore a sum of Rs.10,500/- is awarded towards 'loss of earning 5 during laid up period' as against Rs.6,000/- awarded by the Tribunal.
8. Considering the disability stated by the doctor and an amount of discomfort and unhappiness the claimant has to undergo in his future life, a sum of Rs.15,000/- is awarded towards 'loss of amenities' as against Rs.10,000/- awarded by the Tribunal.
9. The claimant was aged about 47 years at the time of accident and the multiplier applicable to his age group is 13. His income is assessed at Rs.3,500/- p.m. PW-4-doctor in his evidence has stated that claimant has suffered disability of 29% to the right upper limb and disability caused to whole body comes to 7%. So, 'loss of future income' works out to Rs.38,220/- (3500 x 7/100 x 12 x 13) and it is awarded as against Rs.23,400/- awarded by the Tribunal.
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10. Thus, the claimant is entitled for the following compensation:-
a) Pain and sufferings - Rs.35,000/-
b) Medical & incidental expenses - Rs.10,000/-
c) Loss of income during
laid up period - Rs.10,500/-
d) Loss of amenities - Rs.15,000/-
e) Loss of future income - Rs.38,220/-
-------------------
Total - Rs.1,08,720/-
-------------------
Less: Compensation awarded - Rs.70,400/-
by the Tribunal -------------------
Balance - Rs.38,320/-
-------------------
11. Accordingly, the appeal is allowed in part.
The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimant is entitled for a total compensation of Rs.1,08,720/- as against Rs.70,400/- awarded by the Tribunal with interest at 6% p.a. on the additional compensation of Rs.38,320/- from the date of claim petition till the date of realisation.
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12. The Insurance Company is directed to deposit the additional compensation amount together with interest within two months from the date of receipt of a copy of this judgment.
13. Out of the additional compensation, 50% with proportionate interest is ordered to be invested in fixed deposit in the name of claimant in any Nationalised Bank/Scheduled Bank/Post Office for a period of 3 years with a right of option to withdraw interest periodically. Remaining amount with proportionate interest is ordered to be released in favour of the claimant.
No order as to costs.
Sd/-
JUDGE MBS/-