Karnataka High Court
Arali Huchhappa vs Ramu on 5 October, 2010
Author: Jawad Rahim
Bench: Jawad Rahim
2 CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT FOR COMPENSATION. This appeal coming on for admission thisficiay,Vg:"'t.he court delivered the following ' u . JUDGMENT
Dissatisfied claimant is in aplpeail..agfjai'nstT.t'h-e4ju'd.gm.e.n't and award dated 9.1.2007 ini'Mvc.se3y/o3 rile Scswiy Judge & Additional MACT, Kund4aiiUr,_VVsee'kinSgenhancement.
2. The genesis of i«a_irno.tor vehicle accident on 12.1.2003 near Maril<a_rnha:Ten'i'oVlheT'S~I/inAnandpiira town involving S_ig.e.;:'--apipe'iT:lantiand'iaiorry bearing no.KA~-- CRQ--8990:. by his rash and against the bicycle. He was imSAb'aj_a'ncedi.aTnAidA'coiis'et;ijent to the impact, fell suffering injuidesggto'rig'ht"-ieg and ciavicle. Both bones were fracttireid; he wasvflhoéspitaiised for 74 days and during this goeirioidvitheyv"wasj.1~treated conservatively for setting right the fractured .!boSnes. Despite treatment, he is visited with physical Tdisabiiity of 40% of the lower iimb and 20% to the
-.,vw--ho..ie body. He ciaims to be an agricultiirai cooiie earning . ._.Eis.4,500/~.
Ulflv 3
3. Despite resistance by the respondents, Tribunal found the proof laid by the appellant acceptable and held V.t'he"i.orry driver responsible for the actionable wrong. T__h'ai:ifiVnd:iI%g.V4i's% not questioned by the respondents. _T~h-e...fjclai--rha.nt]is..947.. dissatisfied as the Tribunal has awaard:e.dA. towards pain and»suffering.,»' R_s.82V,"2Q"G,/~ m:?edica:l"'s. expenses, Rs.7',400/~ toward§'~...V'food, Vextr:a'V':no'Lf;rishment, Rs.2,500/--~ towards co.n'i2--eya'_n.ce.,"l§s_;fiA2,.5_00/ewtowards loss of income durifig trea.trri.e:nt;f._Vi2s.4*'O.V,C'ti:Qg;.. towards future medical "tovwards disability and deprivation ogrmoréii arne'~n_iti:e's';' inffall' Rs. 1,81 ,45o/-.
4. Learned appellant rightly draws my attentionVVV'i'--tp -theyfact«.:."~~'i'that quantification as done is unr'é:.alisAtic.V It°i*s«..a.§.a~inst the medical evidence on record. ' L-e'a-med"co'u.n"sel for the insurance company has assisted the kcourt in ireéassessing the award.
5. ~~¢o;nsidering the nature of injuries to the right ieg and A clqafvicle which are major bones of the body and the period of f treatment undergone by the claimant for 74 days in the (}Qv 4 hospital, award of F-15,22,000/-- towards pain and suffering is enhanced to Rs.50,000/-. Towards medical ve>'«9...;:3'leir.i_ses Rs.i82,200/-- is awarded which is affirmed_.j""'"H§we\.{eri=,y Rs.'/',400/-- towards food, extra nourishment--.a,h'i:i._Fts;:2,50l0/~. towards conveyance is erihancead Rs.5,000/- respectiveiy. T*owards".io'ss of,»ahie:niétie§;,"'the", Tribunal has ignored 40% otiithe iower iimb and 20% to thewlhoiye rrioney it is difficult to quantify, to live with this disability for olfyhis of 55 he has to be utjnvder this head, I award
6. Towa--rds».loss of_vfut:i;ii're income we have to quantify the grant depending'ionmphysicai disability. He claims he had 'iricome__Vof:'7ii;{s.4,500/-- pm. but in the absence of direct eyi"d=enlcegftyhleh"Tribunal has taken Rs.2,500/-- pm. as his I notilonaio income. Taking into consideration the normal wages Npaici to a cooiie in the year 2003 in which the "accident occurred, it is reasonable to take his income at 0' WRs.3,000/« pm. and 20% physical disability which comes to iiv 5 Rs.600/- pm. and annually Rs.7,200/-. He was aged 55 years and the multiplier applicable is 11. On this bas.is';a.loss of future income would come to Rs.79,200/ has to be awarded a reasonable amount_..t--o,wards:'loss or income during the period of treaztmentlfj» considered 5 months as iaid+up_period_l'On rg§eoa:l':iati}Qn;i Rs.3,000/- p.m. for 5 he Vwillljbye entitled to Rs.15,ooo/-. Towards"':yfutL-irei.n1'ed_i_ca'l'«treatment, Tribunal has award ed Rs,4o,ooo_ whichils"a~fii'rrned.
7. In t'he"'_«4._ri=:sLé'lt,"{th_e'-._app-e'a|__is allowed in part. Com pensati_o'n. is 'ten ha nced as under:
Pain and suff-:-;-ri»ngi'*aii.__ ' Rs.50,000/- Medicapl ex.pens--es"-.__ Rs.82,200/- Foodhextra noimishrnent Rs.15,000/- ;' Conveyance" ' Rs. 5,000/- Lossof in'c--ome_yduring laid--up _ iie.-io"<i..y Rs.15,000/-- Fu't~u're medical expenses Rs.40,000/- L.o'g;g."of't~fu_ture income Rs.79,200/- TOTAL Rs. 2,86,400/~ AEnh.anced compensation shall carry interest at 6% pa. from htihedate of petition till payment, to be discharged by the ""v.VWinsurance company within four weeks from the date of om/' 6 receipt of a copy of this order. Rest of the directions cmfi$naimtheawamimeafiHmed vgh* sa/§__ Judg€*--f=. ' T'