In this miscellaneous first appeal under the Motor Vehicle Act, the High Court enhanced the compensation awarded to an electrician who suffered a 30% disability from a road accident involving ICICI Lombard.
Additional compensation of Rs.1,97,800 with interest @ 9% p.a. granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 MFA No.420/2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2015 BEFORE
THE HON’BLE MR.JUSTICE A.S.PACHHAPURE
MISCELLANEOUS FIRST APPEAL No.420/2015 (MV)
BETWEEN:
K.DEVADAS, AGED 57 YEARS, S/O LATE KRISHNASWAMY.K., R/AT 296/1, DODDA MALUR VILLAGE & POST, CHANNPATNA TALUK, RAMANGARA DISTRICT. (BY SRI GIRIMALLAIAH, ADV.) AND:
...APPELLANT
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MFA No.420/2015
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:20.11.2014 PASSED IN MVC NO.3756/2013 ON THE FILE OF THE 23RD ADDITIONAL SMALL CAUSES JUDGE, 21ST ACMM, COURT OF SMALL CAUSES, MACT, BANGALORE, 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
Having suffered, the fracture of right hip and calcanceum right, disability at 30% and as the compensation granted at Rs.4,07,930/- is less than the request of the appellant, the present appeal is filed seeking enhancement.
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that the assessment of compensation towards ‘pain and suffering’, assessment of income per month and compensation towards ‘conveyance, attendance charges, food and nourishment’ is on the lower side. It is his submission that the Tribunal has not granted any compensation towards ‘loss of income during laid up period’. Hence, he seeks enhancement.
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accident is of the year 2013. Even in the
Lok-Adalath, the income of the labourer is considered at Rs.8,000/- per month and it is proper to accept the said sum as income of the appellant. With this difference and the disability at 30%, the additional compensation towards ‘loss of future earnings’ would be Rs.1,18,800/- (Rs.3,16,800 - Rs.98,000)
compensation towards ‘medical expenses’ has been granted and it is reasonable.
10. Towards ‘conveyance, attendance charges,
food and nourishment’ a sum of Rs.16,000/- has been granted. As the appellant was inpatient in the hospital for 101 days, it would be proper to grant an additional sum of Rs.20,000/- on these heads.
‘loss of income during laid up period’. Generally
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MFA No.420/2015
three months time is required to resume to the duty after healing of the fracture. Hence, the appellant is entitled for a sum of Rs.24,000/- on this head.
purpose of removal of implants. No compensation has been granted towards ‘future medical expenses’ though the doctor states the expenses at Rs.50,000/-. It appears reasonable to grant a sum of Rs.20,000/- on this head.
to the appellant is as under:
| Sl. | HEADS | Rs. |
|---|---|---|
| No. | ||
| 1. | Pain and suffering | 15,000 |
| 1. | Loss of future earnings | 1,18,800 |
| 2. | Loss of income during laid downperiod. |
24,000 |
| 3. | Towards food, nourishment etc., |
20,000 |
| 4. | Future medical expenses | 20,000 |
| Total | 1,97,800 |
The appellant is entitled for the aforesaid sum
with interest.
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MFA No.420/2015
Sd/JUDGE
VM
3 issues framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal for pain, suffering, loss of earnings, and medical expenses requires enhancement given the applicant's 30% disability and income
Whether the appellant is entitled to additional compensation for the period of lay-up after healing from fractures?
Whether compensation for future medical expenses is warranted for the removal of implants?
K.DEVADAS
ICICI LOMBARD MOTOR INSURANCE COMPANY LIMITED
SADANANDA.G.P.
A.S.Pachhapure
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
