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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2021
PRESENT
THE HON'BLE MRS. JUSTICE S. SUJATHA
AND
THE HON'BLE MR. JUSTICE M.I.ARUN
MFA NO.572 OF 2018 (MV)
BETWEEN:
SRI. T. LOKESHA
S/O THIMMAIAH @
SANNATHIMMAIAH
AGED ABOUT 29 YEARS
OCCUPATION COOLIE WORK
R/O HALE DYAMAVVANAHALLI
VILLAGE, CHITRADURGA TALUK
CHITRADURGA DISTRICT - 577 501 ... APPELLANT
(BY SRI. H. ASHOK KUMAR, ADVOCATE)
AND:
1. B. SIDDAPPA
S/O BYRAPPA
AGED ABOUT 47 YEARS
OCCUPATION OWNER
OF TRACTOR AND TRAILER
BEARING REGISTRATION
NO.KA-16/TA-7152-7153
R/AT HOSAKALLAHALLI VILLAGE
CHITRADURGA TALUK
CHITRADURGA DISTRICT - 577 501
2. THE BRANCH MANAGER
THE IFFCO TOKIO GENERAL
INSURANCE CO. LTD.
PCA AND RD BANK NO.7/432
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K. B. EXTENSION, LAWYER ROAD
DAVANAGERE, DAVANAGERE
DISTRICT - 577 301 ... RESPONDENTS
(BY SRI. B. PRADEEP, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD
DATED 24.05.2017 PASSED IN MVC NO.1168/2016 ON THE
FILE OF THE PRL.SENIOR CIVIL JUDGE AND CJM,
CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION
THIS MFA COMING ON FOR ORDERS, THIS DAY,
M.I.ARUN J., DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the judgment and award dated 24.05.2017 passed in MVC No.1168/2016 by the Principal Senior Civil Judge, CJM and Additional Motor Accident Claims Tribunal, Chitradurga (for short 'the Tribunal'), the petitioner therein has preferred this appeal.
2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.
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3. The brief facts of the case are that the petitioner and few other labourers were under the employment of respondent no.1, who is owner of the tractor and trailer bearing registration No.KA-16-TA-7152-7153. As per his instructions they loaded the tractor with green manure and were traveling in the same to Halekallahalli to unload the same at the land of respondent no.1. At that time, near Dandina Kurubarahatti gate, Chitradurga Taluk, the driver of the said tractor trailer drove it in a rash and negligent manner because of which it toppled and the petitioner along with others sustained injuries. Respondent no.2 is the Insurance Company with whom the offending tractor trailer is insured.
4. Due to the accident, the petitioner had sustained swelling and tenderness over left shoulder, cut lacerated wound 2 X 1 left humerus and swelling and tenderness at left wrist. The X-ray of left shoulder with humerus shown mal- united fracture of surgical neck of left humerus and fracture of distal end of left radius. The petitioner was aged 30 years at the time of the accident. The Doctor-PW.5 has stated that the petitioner has sustained 33% permanent disability in respect of left upper limb. Based on the said deposition, the Tribunal 4 has come to the conclusion that 1/3rd of the said disability has to be taken to consider the entire bodily disability. On the said ground, it has taken 10% as permanent disability to the entire body. Further, the Tribunal, in the absence of actual proof of income has taken Rs.6,000/- per month as the notional income for calculating loss of future income due to permanent disability. It has awarded the following compensation under different heads:
Sl.No. Particulars Amount in
Rs.
1. Towards pain and sufferings 30,000/-
2. Conveyance, Food Nourishment, 6,000/-
Attendant charges and Medical expenses
3. Towards medical expenses 49,092/-
4. Towards loss of future income due to 1,22,400/-
permanent disability
5. Loss of amenities and unhappiness 20,000/-
6. Towards future medical expenses 10,000/-
7. Towards loss of income during laid down 12,000/-
period
Total 2,49,492/-
Not satisfied by the same, the petitioner has preferred this appeal.
5. We have heard learned counsel for the parties. 5
6. It is contended by the petitioner that the amounts awarded by the Tribunal under various heads are on the lower side.
7. Per contra, respondent no.2 has justified the order of the Tribunal and sought for dismissal of the appeal.
8. The factum of accident and the injuries sustained not being in dispute, the only question that arises for consideration is regarding the quantum of compensation.
9. The accident is of the year 2015. The notional income adopted by the Tribunal at Rs.6,000/- per month is on the lower side. As per the chart prepared by the Karnataka State Legal Services Authority in consultation with Insurance Companies, the notional income to be adopted for the year 2015 is Rs.9,000/- per month. The disability as accepted by the Tribunal is 33% to the left upper limb of the petitioner. As a thumb rule, the Tribunal itself has stated that 1/3rd of the same has to be considered as whole body disability. In that event, 11% has to be considered as whole body disability as against 10% adopted by the Tribunal. The age of the petitioner at the time of the accident was 30 years. 6 Accordingly, a multiplier of 17 has to be adopted. Thus, towards loss of future income due to permanent disability, the petitioner would be entitled to a sum of Rs.2,01,960/- [Rs.9,000/- X 12 X 11% X 17]. We also find that the compensation awarded under certain other heads are also on the lower side. Hence, we deem it appropriate to award Rs.50,000/- towards pain and suffering, Rs.15,000/- towards conveyance, food, nourishment and attendant charges, Rs.27,000/- towards loss of income during laid up period and Rs.50,000/- towards loss of amenities and unhappiness. We deem it appropriate to hold that the compensation awarded towards medical expenses at Rs.49,092/- and future medical expenses at Rs.10,000/- to be appropriate. Thus, in all, the petitioner would be entitled to a compensation of Rs.4,03,052/- as against Rs.2,49,492/- awarded by the Tribunal. We also deem it appropriate to award 6% interest on the enhanced compensation amount from the date of petition till its realization. Accordingly, the following:
ORDER
i) The appeal is allowed in part.
ii) The total compensation awarded by the
Tribunal is modified and enhanced to
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Rs.4,03,052/- (Rupees Four Lakhs Three
Thousand Fifty Two only) as against
Rs.2,49,492/- which shall carry interest at the rate of 6% per annum from the date of the claim petition till its realization.
iii) The portion of the order of the Tribunal inasmuch as liability and disbursement remains intact.
iv) The insurance company shall deposit the amount determined as aforesaid before the Tribunal within 90 days from the date of receipt of the certified copy of the judgment and order.
v) The modified compensation amount shall be disbursed in terms of the order of the Tribunal.
vi) Draw modified award accordingly.
Sd/-
JUDGE Sd/-
JUDGE hkh.