Appeal against tribunal award of Rs. 3,32,400 for minor injured in motor accident. Court reduced compensation to Rs. 1,95,000 based on revised disability assessment and formula for minors.
Impugned judgment and award modified; respondent entitled to Rs. 1,95,000 with 6% interest.
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MFA NO.200864/2014
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IN THE HIGH COURT OF KARNATAKA GULBARGA BENCH
DATED THIS THE 13TH DAY OF OCTOBER, 2014
BEFORE:
THE HON’BLE MR. JUSTICE A.S.PACHHAPURE
MISCELLANEOUS FIRST APPEAL No.200864 OF 2014 (MV)
BETWEEN
THE DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LTD., BILGUNDI COMPLEX, STATION MAIN ROAD, GULBARGA-585102, NOW REPRESENTED BY ITS AUTHORIZED SIGNATORY
... APPELLANT
(BY SMT.BHADRASHETTY SANGEETA, ADV.)
AND
MFA NO.200864/2014
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SHIVASHANKAR NAGAR PATAMATA VIJAYWADA URBAN VIJAYWADA (A.P)-520010
... RESPONDENTS
(BY SRI.B.ALI MOHAMMED, ADV. FOR C/R1, NOTICE TO R2 IS DISPENSED WITH V/O. DATED13.10.2014)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 30.01.2014 PASSED IN MVC NO: 339/2013 ON THE FILE OF PRL. SENIOR CIVIL JUDGE & MACT GULBARGA, PARTLY ALLOWING THE CLAIM PETITION AND AWARDING COMPENSATION OF RS.3,32,400/- WITH INTEREST AT 6% P.A.
THIS MFA COMING ON FOR ADMISSION, THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Though the matter is posted in the list of admission, with the consent of learned counsel for both the parties, it is taken up for final hearing and is being disposed of by this judgment.
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injuries sustained by him in a motor vehicle accident.
about 3.30 p.m., while the 1st respondent was travelling in a auto rickshaw bearing registration No.MH-4/AE-6349, on national highway No.9, near Naldur, the accident was occurred due to the rash and negligent driving of the lorry bearing registration No.AP-16/TW-3393 and thereby the 1st respondent suffered grievous injuries. He was treated in the hospital and he suffered the disability therefore, he made a claim for compensation, on the ground that he was working as a supplier, in a hotel and was earning Rs.8,000/- per month. His claim petition was clubbed with other cases and common evidence was permitted.
Rs.3,32,400/- as compensation on different heads,
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with interest at 6% per annum. Aggrieved by the quantum of compensation awarded by the tribunal, the present appeal is filed by the insurer.
“Whether the compensation awarded is on the higher side, if so, what is the reasonable amount payable to the 1st respondent?”
would submit that the disability assessed by the tribunal is on the higher side and compensation on each of the heads is erroneous. Hence, she submits to modify the judgment and award. On the other hand, the learned counsel for 1st respondent supports the impugned judgment and award.
respondent is a minor and he was 16 years old, at
the time o0f the accident. As per his evidence, he
was working as a supplier in a hotel. As could be
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seen from the injury certificate, he has suffered the fracture of lower third shaft of right tibia. He has produced the disability certificate, as per Ex.P11. PW.3 is the doctor, who has issued the aforesaid disability certificate. It is relevant to note that there is no shortening of the leg and the doctor has not stated the disability to the particular limb i.e., the right leg. Though, the doctor has assessed the disability at 23% to the whole body, in the absence of satisfactory reasons and the said disability cannot be accepted. Generally, 1/3rd of the disability of the particular limb and permanent disability of the whole body even accepting at 23% as assessed by PW.3, the whole body disability would be 8%.
and the tribunal has relied upon the decision of this Court reported in 2011 (4) KCCR 3222 (DB) in the
case of Kumar Mylari Vs. Madu Machayya and Another . This judgment pertains to the amputation of leg and
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the disability is at 50%. The principles laid down are not applicable to the facts on hand, as there is no amputation. The whole body disability is taken at 8%, if the loss of income is taken into consideration, assessing his income at Rs.5,000/- as accepted by the tribunal and adopting the multiplier as provided, under the head of loss of future earning would be at Rs.86,400/-. But the Apex Court in a recent judgment has held and laid down the formula for awarding the compensation for minors, wherein the disability to the particular limb is taken at 10% in the case of minor, has granted Rs.1,00,000/- towards loss of future earnings. As this principle laid down is applicable to the 1st respondent. I think it would be just and proper to award a sum of Rs.1,00,000/- towards loss of future earnings.
Rs.50,000/- towards pain and suffering though the 1st respondent has suffered single fracture. It has
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referred to the aforesaid judgment of this Court wherein, for amputation a sum of Rs.50,000/- has been granted towards pain and suffering, when there is reunion of the fracture, the question of granting compensation on that principle does not arise. Any how it appears bit more and it may not be proper to
interfere with the amount. The quantum of compensation towards loss of medical expenses is proper. When there is a reunion of fracture, the question of awarding compensation towards marriage prospects does not arise and the compensation of Rs.25,000/is erroneous and illegal. No compensation has been awarded towards food, nourishment and attendant charges and no compensation has been awarded towards loss of amenities. It is necessary to grant reasonable sum on both these heads.
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Towards loss of earning capacity Rs.1,00,000/Towards pain and suffering and mental agony Rs. 50,000/Towards medical expenses Rs. 25,000/Towards loss of amenities Rs. 15,000/Towards for, nourishment and attendant charges Rs. 5,000/____________
Total Rs.1,95,000/-
Thus, the 1st respondent is entitled to total compensation of Rs.1,95,000/- with interest at 6%
per annum. For these reasons, the point is answered in the affirmative.
12. Consequently, the appeal is allowed and
the impugned judgment and award are modified. The 1st respondent is entitled to total compensation of 1,95,000/- along with interest at 6% per annum from the date of petition till its payment.
The amount in deposit be transferred to the tribunal.
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The copy of this judgment shall be sent to the concerned judicial, wherever he is in service.
Sd/JUDGE
Srt
2 issues framed by the court
Whether the compensation awarded by the tribunal is on the higher side given the minor's disability status?
What is the reasonable amount payable towards loss of future earnings, pain and suffering, and other heads for a minor with a fractured leg?
Colour shows how this judgement treated each authority
Kumar Mylari Vs. Madu Machayya and AnotherDistinguished¶9
2011 (4) KCCR 3222 (DB) Kumar Mylari Vs. Madu Machayya
1 provisions across 1 enactments
The Divisional Manager National Insurance Company Ltd.
Mohammed Gouse
J.D.V. Satyanarayana
A.S. Pachhapure
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
