Karnataka High Court
Sri Naveen Rego vs The National Insurance Co Ltd on 13 June, 2012
Author: L.Narayana Swamy
Bench: L.Narayana Swamy
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 13TH DAY OF JUNE, 2012
BEFORE
THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY
MFA No.5513/2010 (MV)
BETWEEN :
SRI NAVEEN REGO
S/O INAS REGO,
AGED ABOUT 32 YEARS,
RESIDING AT NO.510, 11TH CROSS
RAMAPPA BUIDLING,
NEAR R.R BAKER, ANNASANSDRAPALYA
HAL POST,
BANGALORE 560 017.
...APPELLANT
(BY SRI: T P SRINIVASA, ADVOCATE)
AND :
1 THE NATIONAL INSURANCE COMPANY LIMITED
NO.86/80, II FLOOR
AIRPORT ROAD, MARATHALLI
BANGALORE 560 037,
REPRESENTED BY ITS DIVISIONAL
MANAGER.
2 HINDUSTAN AERONAUTICS LTD
POST BOX NO. 7502,
NEW THIPPASANDRA POST.
BANGALORE 560 075.
REPRESENTED BY ITS
GENERAL MANAGER. ...RESPONDENTS
(BY SMT: M S GOWHAR UNNISA ADVOCATE FOR R1, R2 NOTICE
D/W )
2
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED: 01.01.2010 PASSED IN MVC
NO.4590/2008 ON THE FILE OF VI ADDITIONAL JUDGE, COURT OF
SMALL CAUSES, MACT, BANGALORE, 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:
JUDGMENT
The appeal is by the claimant seeking enhancement of compensation awarded by the VII Additional Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal, Bangalore in MVC.NO.4590/2008 dated 01.01.2010.
2. The claimant sustained injuries in the road traffic accident occurred on 04.03.2008 and suffered fractures of ST fracture of right femur sutured, lacerated wound over right elbow and sutured lacerated wound over chin and he underwent operation on fractured leg with internal fixation. The claimant was a Mechanical Engineer and working as a DRDO in Ministry of Defence and drawing salary of Rs.14,000/- per month. Considering the nature of the injures, the tribunal awarded Rs.22,000/- under the head 'Pain and Suffering' and Rs.7,000/- under head 'Loss of earnings during 3 treatment period'. The injured has taken treatment for a period of three months, he has taken leave for more than 3 ½ months. The Salary Certificate at Ex.P20, which shows that the injured was earning Rs.14,000/- per month. Considering, the three months leave salary comes to Rs.42,000/-, hence the same is awarded. As per the evidence of he doctor, the injured requires 'Future medical expenses' a sum of Rs.50,000/- that also not properly awarded by the Tribunal. Under the head 'Loss of amenities' Rs.5,000/- awarded by the tribunal to be enhanced.
3. Learned counsel appearing for the insurance company submitted to dismiss of this appeal, 'Loss of earning during laid up period' rightly awarded by the Tribunal. On the other hand, the claimant is not entitled for compensation under the said head because the injured was an employee of HAL, and he must have got the salary for the said period 'Loss of future income' has not been awarded, since there is no reduction in the salary.
4. I have heard learned counsel appearing for both the parties and perused the LCR.
4
5. Though the injured has been paid salary for the treatment period but we have to consider that if he had not utilized leave for the said three months period, he would have got the encashment for the period of three months leave at the end. Under the circumstances, the claimant is to be awarded the compensation of Rs.42,000/- by taking the income of Rs.14,000/- per month towards loss of leave. 'Loss of amenities' is only Rs.5,000/- is awarded by the Tribunal which is enhanced by another Rs.15,000/-. 'Future medical Expenses' Rs.15,000/- is awarded.
Appeal is allowed in part.
Sd/-
JUDGE DP*