Karnataka High Court
Sanjay Dundappa Gorule vs Kalagouda C Patil on 22 January, 2010
Bench: K.L.Manjunath, Aravind Kumar
IN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT DI-IARWAD. DATED THIS Tl-IE 22NB DAY OF JANUARY 2039 V9,, PRESENT 0: gul THE HONBLE MRJUSTICE K.:£',;'l\'/I':='lI\TILlL5T4l'I;Il/l3ll_'ll];}1V.*lI. AND V pp . ._ .. THE HON'BLE MR. JUsT:Cs:"A.VRAV1'I~zp Miscellaneous First.Appeal----l;ld:;-.1350 2005 Between: 'll 0 ll 0 Sri Sanjay Dundappa'C}01jul6:'l . Age 32 years, Occ: M'ilk"g1Machine iO'peratQr'--." as R/0 Bhadagaon, ' ' . Dist. Kolhapur 1 _ H: » ' .. Appellant (By Sri Valtkund, Advocates) And: 0' V V 0 2 1. Sri Kalagouda C'.P_atilT _. Age Major, Occ: Business V R'/.0 Plotl'84:?r,/ B'vlVinayak"'Nagar I-Iindalga l'Be,lg'ci«1.lm _ u _ 2. Tne..M'a;r1ager United India_Insurance Co. Ltd. Maruthi. Gal1i,'Belgaum .. Respondents
0 A._G.JVadhav and Sri lVI.S.Mandanna, Advocate for R«2, R-1 se__rv"ed), 0 This miscellaneous first appeal is filed u/s 173(1) of MV Act llagainstl the judgment and award dt. 10.11.2004 passed in MVC 6/ appeal is whether the compensation awarded by the Tribunal is just and proper?
3. The appellant has sustained the following accident:
(i) Compound type III B comniinluted l7rac,turei<.of_vright". Patella, lateral condyle.
(ii) Fracture of lateral condyle;..right'fem11r. A '
(iii) Fracture of lateral condy1e;:tibia;~ 2
(iv) Segments fracture ' ~ i He was aged about 29V.y'e'ars:'.' admiltted to District Hospital, _an"in--patient from 23.03.2002 to 27.04.2002]. disability he has relied upon the evidence. of ".E':atish.'~DiPatilaPW2. PW2 in his deposition has ad'mi'tteg1 ihe. _ha§l'is'sued a disability certificate. He has exp1aigne'dT_i'1'1a.de.taill'the:..nature of injury sustained by him and he further sta.ted.v_ that he is unable to stand, walk, squat or to liftvvhvveight and do any work. He has assessed the 'i_disabilitylof«_the right lower limb at 50 per cent. The appellant was i. V-lW0_rkingig;as a milk machine operator getting a salary of Rs.3,400/--
fix p.m. It is the case of the appellant that on account of the permanent disability caused to him, he has been terminated-.lro_m the service and is unable to do any work.
4. When the matter was listed on the last datl'e._:of :hea1'ilng,i_ V' having noticed the nature of permanent disablility and thei«ev,idelnce". of PW2, we had directed the appellant to before in to find out the actual nature of disabiieity cau-s.edV.to_: and to V assess whether he is capable any l"0th"er work. Accordingly, he has appeared identified by the learned counsel_forqthe appellant. concilition has also been witnessed for lhthevrespondent. Considering the disability caused lowwer limb, we are of the opinion that loss of earning; c:apa.¢.ity'*.pf the appellant has to be taken at 50 per'ce,nt theidoctor has assessed the disability to right lower l'imb',.aVtv«,_S0cent. Since he has been dismissed from i Hservice lonllaccount the disability we are of the opinion that the czwrffier' V .:l,i,i'_:in.come of deceased has to be taken at Rs.3,000/-- p.m. the disability at 50 per cent, the future loss of income ' lf,'hals"ltolbe assessed at Rs.1,500/-- p.m. and loss of future income EV would be Rs.18,000/- p.a. and by applying the multiplier of 17 as he was aged about 29 years, the loss of future earning capacityrahas to be assessed at Rs.3,06,000/~.
5. We have also noticed that the compensationawarded the Tribunal on the remaining heads areiaiso on th.e_iilowerv-.sidev.--.p Considering the four fractures sustained the number of days of hospitalisation, w5_\a~r_e inclined.to".aw--ard"a"isumT" of Rs.30,000/ -- under the head pain:iand'p'suffering.iT 'A..fL1r'ther sum of Rs.30,000/-- is awarded life since he has to walk with the help of a sticl/'(ii he «sitior stand or walk for a long time. also inclined to award a sum of Rs.25,000/- under ''medical expenses, conveyance, attendant charges.' ' Thus, all the appellant is entitled for a p / -- as ciomvpensation.
'6,i"£n "result the appeal is allowed in part. The compensation awparidaed by the Tribunal has been enhanced from i'7iao._pRs.43,O0()ii/f .Ris.3,91,000/-- with interest at 6 per cent per .1 fI'o_rn the date of petition till the date of payment. Out of 5/