Karnataka High Court
Basha Shaik vs Shobha on 11 October, 2012
Author: Ravi Malimath
Bench: Ravi Malimath
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
ON THE 11TH DAY OF OCTOBER 2012
BEFORE
THE HON'BLE MR. JUSTICE RAVI MALIMATH
MISCELLANEOUS FIRST APPEAL NO.3903 OF 2009(MV)
Between :
Basha Shaik
Aged about 33 years,
S/o Ismal,
R/at Bandar Road,
Bhatkala. ... Appellant
(By Sri Pavana Chandra Shetty H, Advocate)
And :
1. Shobha
Aged about 36 years,
W/o Lakshmana,
R/at K.K.Nivasa, Kolambe,
Brahmavar.
2. The National Insurance Co. Ltd.,
Represented by Divisional Manager,
Divisional Officer, 1st Floor,
Shankar Building, Masidh Road,
P.B.No.97, Udupi. ... Respondents
(By Miss.Deepa M., Advocate for M/s.Lexplexus,
Advocates for R2, R1-Served)
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This MFA is filed under Section 173(1) of MV Act
against the Judgment and award dated 23.04.2009
passed in MVC.No.488/2008 on the file of Addl.Civil
Judge (Sr.Dn.) & Addl.MACT, Udupi, partly allowing the
claim petition for compensation and seeking
enhancement of compensation.
This MFA coming on for admission this day, the
Court delivered the following:-
ORDER
At the request of counsels, the matter is taken up for final disposal.
2. The case of the claimant is that on 16.11.2007, when he was riding his motor-cycle, a bajaj scooter bearing NoKA-20-J-3544, came and dashed against him. He sustained grievous injures and was treated in a hospital. A claim petition was filed under Section - 166 of the Motor Vehicles Act.
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3. The Tribunal awarded a sum of Rs.56,200/-. The liability is admitted. It is only on quantum that the present appeal has been filed, seeking enhancement. The Tribunal while considering the plea of the claimant awarded compensation as follows:
Towards injury, pain and suffering : Rs.25,000/- Towards medical expenses : Rs.16,200/- Conveyance, food, extra : Rs. 3,000/-
nourishment, medical attendant Towards discomfort and loss of : Rs. 8,000/-
amenities Future Treatment : Rs. 4,000/- Total : Rs.56,200/-
4. What is sought to be pleaded herein is that so far as 'loss of income during laid-up period' is concerned, no compensation was awarded by the Tribunal. That the claimant was unable to attend to his avocation as a driver of an auto-rickshaw due to the 4 injuries sustained. By placing reliance on the evidence of PW-2, the Doctor that the claimant was laid up for a period of six months. That the compensation or other heads is too meagre and requires to be enhanced. I am of the considered view that an appropriate compensation should be granted for the said period.
5. By placing reliance on the judgment of the Hon'ble Supreme Court in the case of Ramachandrappa vs. The Manager, Royal Sundaram Alliance Insurance Company Limited reported in AIR 2011 SC 2951, it would be appropriate to hold the monthly income of the claimant at Rs.5,000/- per month. In view of the fact that he was laid up for a period of six months, a sum of Rs.30,000/- (Rs.5,000 x 6) is awarded towards 'loss of income during laid up period'. The compensation towards 'conveyance, food and extra nourishment, medical attendant' is enhanced by Rs.5,000/-. The compensation towards 'discomfort and loss of amenities' 5 is enhanced by Rs.7,000/-. Hence in all, the claimant would be entitled for the following enhanced compensation:
Towards injury, pain and suffering : Rs.25,000/- Towards medical expenses : Rs.16,200/- Conveyance, food, extra : Rs. 8,000/- nourishment, medical attendant Towards discomfort and loss of : Rs.15,000/-
amenities Future Treatment : Rs. 4,000/- Loss of income during laid up period : Rs.30,000/- Total : Rs.98,200/-
Thus, in all the claimant is entitled for an enhanced compensation of Rs.42,000/- (Rs.98,200 - Rs.56,200) along with interest @ 6% per annum from the date of petition till the date of disbursement, which shall be within a period of four weeks from the date of receipt of the copy of this order. 6
Ordered accordingly.
Sd/-
JUDGE JJ