Karnataka High Court
Kantharaju S/O Puttaswamy vs Shekhar K G S/O Gopalegowda on 13 August, 2013
Author: B.Sreenivase Gowda
Bench: B.Sreenivase Gowda
MFA. 1448/10
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 13TH DAY OF AUGUST, 2013
BEFORE
THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA
Miscellaneous First Appeal No. 1448 of 2010 (MV)
BETWEEN
KANTHARAJU,
S/O. PUTTASWAMY @ PUTTASWAMAYAIAH,
AGE : 25 YEARS,
R/O. SAMSHETTYHALLI VILLAGE,
BELUR TALUK, HASSAN DISTRICT.
... APPELLANT
(By Sri. KIRAN KUMAR, ADV.)
AND
1. SHEKHAR K.G.,
S/O. GOPALEGOWDA,
R/O. KATTEHOSAHALLI VILLAGE,
SHANKARANAHALLI POST,
KATTAYA HOBLI,
HASSAN TALUK AND DISTRICT.
2. THE MANAGER,
THE RELIANCE GENERAL INSURANCE CO. LTD.,
RELIANCE CENTRE, WALCHAND
HARICHAND MAARGA, BEYOND ESTATE,
MUMBAI - 400 001.
... RESPONDENTS
(By Sri. D. S. SRIDHAR, ADV. FOR R.2,
R.1 SERVED)
MFA. 1448/10
2
* *** *
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 24.04.2009 PASSED IN
MVC NO.1136 /2008 ON THE FILE OF PRESIDING OFFICER,
FAST TRACK COURT-3 AND MEMBER ADDITIONAL MACT,
HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
This appeal coming on for Orders, this day, the
Court, delivered the following:
JUDGMENT
This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal.
2. Heard. The appeal is admitted and with the consent of the learned Counsel appearing for the parties, it is disposed of finally.
3. For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.
MFA. 1448/103
4. As there is no dispute regarding injuries sustained by the claimant in a road traffic accident occurred on 02-02-2008 due to rash and negligent riding of offending motor cycle bearing registration No.KA-13-S-7123 by its rider and liability of the insurer of the offending vehicle, the only point that remains for my consideration in the appeal is:
Whether compensation awarded by the Tribunal is just and proper or does it call for enhancement ?
5. After hearing the learned Counsel for the parties and perusing the judgment and award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and therefore, it is deserved to be enhanced.
6. As per Ex.P.4 - wound certificate, claimant has sustained fracture of right femur.
MFA. 1448/104
Injuries sustained and treatment taken by him are also evident from Ex.P.10 - discharge summary, Ex. P.13
- case sheet, Ex.P.14 - old x-ray, Ex.P.15- recent x-ray and supported by oral evidence of the claimant and doctor examined as P.Ws.1 and 2 respectively.
P.W.2 - Dr. Lakshmish in his evidence has stated, claimant has suffered disability of 35% to lower limb.
7. Considering nature of injuries sustained by the claimant, a sum of Rs.25,000/- is awarded towards pain and suffering as against Rs.22,000/- awarded by the Tribunal under this head.
8. When the medical bills produced by the claimant for Rs.18,142/- are not disputed by the insurer the Tribunal is not justified in awarding Rs.5,000/- towards medical expenses on the ground that all the medical bills are of the same day. Therefore, a sum of Rs.18,200/- is awarded towards medical expenses as per medical bills. MFA. 1448/10 5
9. He was treated as inpatient for 2 days in a private hospital. Considering the same, a sum of Rs.5,000/- is awarded towards incidental expenses such as conveyance, nourishment and attendant charges.
10. He claims to have been earning Rs.9,000/- per month by doing mason work and agriculture and has produced RTC extracts at Ex.P.11. Considering his age as 26 years, year of accident as 2008 and his avocation as agriculturist, his income is assessed at Rs.4,000/- per month. Nature of injuries suggest, he must have been under rest and treatment for a period of four months. Considering the same, a sum of Rs.16,000/- is awarded towards loss of income during laid up period.
11. Considering nature of injuries, disability stated by the doctor and an amount of discomfort and unhappiness which the claimant has to undergo for the rest of his life, a sum of Rs.15,000/- is awarded towards loss of amenities. MFA. 1448/10 6
12. As per medical records, he is aged about 28 years. Multiplier applicable to his age group is `17'. His income is assessed at Rs.4,000/- per month. As per disability stated by the doctor at 35% to limb, disability caused to whole body comes to 12%. So, loss of future income works out to Rs.97,920/- (Rs.4,000/- x 12 x 12/100 x 17) and it is awarded as against Rs.73,440/- awarded by the Tribunal.
13. Rs.10,000/- awarded by the Tribunal towards future medical expenses is just and proper.
14. Thus the claimant is entitled for the following compensation:
1) Pain and suffering Rs. 25,000/-
2) Medical expenses Rs. 18,200/-
3) Incidental expenses Rs. 5,000/-
4) Towards loss of income
during laid up period Rs. 16,000/-
5) Towards loss of amenities Rs. 15,000/-
6) Future loss of income Rs. 97,920/-
7) Future medical expenses Rs. 10,000/-
_______________
Total Rs.1,87,120/-
MFA. 1448/10
7
Less compensation awarded by the
Tribunal Rs.1,40,000/-
Rs. 47,120/-
15. Accordingly the appeal is allowed in part and the Judgment and award of the Tribunal is modified to the extent stated herein above. The claimant is entitled for additional compensation of Rs.47,120/- with interest at 6% p.a. from the date of claim petition till the date of realisation, excluding interest for the delayed period of 200 days in filing the appeal.
16. The Insurance Co. is directed to deposit the additional compensation amount with interest, but excluding interest for the delayed period of 200 days in filing the appeal, within two months from the date of receipt of a copy of this judgment, from which 75% with proportionate interest is ordered to be deposited in FD in the name of the claimant in any nationalised or scheduled Bank for a period of 3 years, with a right of option to MFA. 1448/10 8 withdraw interest periodically and the remaining amount is ordered to be released in his favour.
17. The Tribunal while releasing 25% of the compensation is also directed to issue F.D. slip to the claimant to enable him to withdraw the amount on its maturity without approaching the Tribunal once again. The Bank in which the deposit is made is also directed to release the F.D. amount on its maturity without insisting for an order from the Tribunal.
No order as to costs.
SD/-
JUDGE Mgn/-
CT: bs*