Sri. B Mahendra vs Sri. Choodegowda
2021 Latest Caselaw 6126 Kant

                            1



  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 14TH DAY OF DECEMBER, 2021

                      BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

           M.F.A NO. 3334 OF 2019(MV-I)

BETWEEN:

SRI. B MAHENDRA
S/O BASAVARAJU,
AGED ABOUT 24 YEARS,
R/AT WARD NO.25, CHANNENAHALLI,
JALAMANGALA ROAD,
RAMANAGARA TALUK,
RAMANAGARA DISTRICT.
                                      ...APPELLANT
(BY SRI.RAJU S, ADVOCATE)

AND:

1. SRI. CHOODEGOWDA
S/O BHADREGOWDA,
JAKKANAHALLI VILLAGE,
BANNIKUPPE POST, KAYLANCHA HOBLI,
RAMANAGARA TALUK,
RAMANAGARA DISTRICT.

2. THE MANAGER
THE ORIENTAL INSURANCE CO LTD.,
NO.31, 1ST FLOOR,
NEAR SBI BANK, SLIPA COMPLEX,
B M ROAD, IJOOR, RAMANAGARA TOWN,
RAMANAGARA DISTRICT-562159
                                    ...RESPONDENTS
(BY SRI.ASHOK.N.PATIL, ADVOCATE FOR R2;
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V/O DATED 27.08.2021 NOTICE TO R1 IS D/W)

     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 03/01/2019, PASSED
IN MVC NO.295/2017, ON THE FILE OF THE ADDITIONAL
SENIOR CIVIL JUDGE AND MACT, RAMANAGARA, 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 captioned appeal is filed by the claimant

seeking enhancement of compensation.

2. The appellant filed a claim petition for

having sustained grievous injuries in a road traffic

accident dated 6.6.2017. The appellant contended

that in the said accident, he suffered fracture of left

tibia and on account of the said injury, he suffered

permanent disability. Hence, he filed claim petition

claiming compensation of Rs.50,00,000/-.

The appellant to substantiate his claim examined

himself as P.W.1 and the doctor as PW.2 and adduced

documentary evidence as Exs.P1 to 14.

The respondent-Insurance Company did not

choose to lead neither ocular evidence nor

documentary evidence.

The Tribunal having assessed the oral and

documentary evidence, in the absence of income

proof, assessed the income of the appellant at

Rs.8,000/- per month. By assessing the permanent

disability at 16% and applying the multiplier of 18, the

Tribunal has proceeded to award a sum of

Rs.2,76,480/- towards loss of future earnings,

Rs.5,000/- towards nourishment and attendant

charges, Rs.40,000/- towards pain and suffering,

Rs.5,000/- towards loss of amenities and enjoyment

of life, Rs.20,000/-towards future medical expenses

and Rs.59,621/- towards medical expenses. In all the

Tribunal has awarded a sum of Rs.4,06,101/- with 7%

interest from the date of petition till its realisation.

3. Heard the learned counsel for the appellant

and the learned counsel for the respondent-Insurance

Company.

4. On re-appreciation of the oral and

documentary evidence, though this Court cannot find

fault with the finding recorded by the Tribunal in

assessing the income of the appellant notionally,

however, having regard to the date of the accident,

which is of the year 2017, I am of the view that the

Tribunal erred in assessing the income of the

appellant at Rs.8,000/-. In the absence of income

proof by placing reliance on the chart issued by the

legal services authority, the income of the appellant is

assessed at Rs.11,000/-. If the disability is assessed

at 16%, the compensation under the head of loss of

future earnings, is determined at Rs.3,80,160/-

(Rs,1,760x12x18).

The appellant has suffered grievous injuries to

the left lower limb. On perusal of the medical

evidence, it is forthcoming that there is malunion of

fracture of left tibia with implants. Therefore, the

compensation awarded under the head of loss of

amenities appears to be on lower side. Having regard

to the gravity of injuries Rs.20,000/- is awarded

towards loss of amenities.

The Tribunal has awarded Rs.5,000/- towards

nourishment and attendant charges. It has come in

the evidence that appellant was inpatient for a period

of five days. Since the accident is of the year 2017

and having regard to the prevailing price escalation

and expenses, I deem it fit to award Rs.10,000/-

towards food and nourishment charges.

Having regard to the gravity of the injuries, the

Tribunal erred in not awarding any amount towards

loss of income during laid up period. Though the

Tribunal has observed that the appellant was unable

to do work for a period of three months has failed to

award any amount. Thus, the appellant is entitled for

a sum of Rs.33,000/-(Rs.11,000x3).

Insofar as compensation awarded towards pain

and suffering, medical expenses and future medical

expenses are concerned, the same remains

undisturbed.

5. Thus, the compensation re-determined by

this Court is as follows:

      Sl.                Heads                  Amount
      No.
     1.     Pain and sufferings           Rs. 40,000/-

     2.     Medical expenses              Rs. 59,621/-

3. Loss of income during laid up Rs. 33,000/-

period

4. Loss of future earnings Rs.3,80,160/-

       5.         Loss of amenities                    Rs.   20,000/-

       6.         Future Medical expenses              Rs.   20,000/-

       7.         Food, Nourishment and                Rs. 10,000/-
                  attendant charges
                  Total                                Rs.5,62,781/-

6. In the result, the appeal is allowed in part.

The impugned judgment and award dated 3.1.2019

passed by the learned Senior Civil Judge and MACT,

Ramanagara, in MVC.No.295/2017 is modified holding

that the appellant is entitled to enhanced

compensation of Rs.1,56,680/- with interest at the

rate of 6% per annum from the date of petition till its

realization.

Sd/-

JUDGE

*alb/-.