Smt Shobhamani Vs v Basavaraj

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12/04/2016 PASSED IN MVC NO.529/2014 ON THE FILE OF THE 1^ST ADDITIONAL DISTRICT JUDGE AND MMACT, CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.

¶22

2 -

¶23

NC: 2025:KHC:23822 MFA No. 1088 of 2017

¶24

HC-KAR

¶25

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶26

CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

¶27

ORAL JUDGMENT

¶28

The above appeal is filed challenging the judgment and award dated 12.4.2016 passed in MVC No.529/2014 by the I Additional District Judge and Member, MACT, Chikkmagalur¹ , wherein the Tribunal has partly allowed the claim petition and awarded a total compensation of `84,300/- together with interest at 6% pa. Being aggrieved, the present appeal is filed by the claimant for enhancement of compensation.

¶29

The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only aspect that is required to be considered in the present appeal is with regard to the adequacy of the compensation awarded.

¶30

For the sake of convenience, the parties herein are referred as per their rank before the Trial Court.

¶31

1 Hereinafter referred to as ‘Tribunal’

¶32

3 - NC: 2025:KHC:23822 MFA No. 1088 of 2017

¶33

HC-KAR

¶34

The claimant is aged 46 years as on the date of the accident. Hence, the appropriate multiplier is 13. The claimant has averred that she was working as a Teacher at Handi Primary School, Handi Village, Chikkamgalur Talul. However, no documents have been produced to demonstrate her income. Hence, the notional income of the claimant is assessed as `8,500/- p.m.

¶35

It is forthcoming from the wound certificate (Ex.P8), discharge summary (Ex.P11) that the claimant was admitted as an inpatient at the Government Hospital, Chikkamagalur on 5.2.2014 and discharged on 6.2.2014 with a specific advice to take treatment at a higher centre. Thereafter, the claimant was admitted to Tejasvini Hospital, Mangaluru, on 6.2.2014 and was treated as an inpatient till 19.2.2014. Hence, the claimant has taken treatment as an inpatient for a total period of 15 days.

¶36

It is forthcoming that the claimant has sustained fracture of the tibia and fibula of her right leg. The said fracture was surgically treated. The disability certificate (Ex.P13) has been issued, whereunder the disability of the right

¶37

4 - NC: 2025:KHC:23822 MFA No. 1088 of 2017

¶38

HC-KAR

¶39

lower limb of the claimant has been assessed as 20%. It is further stated that one more surgery is required to be conducted for removal of implants, which would cost about 25,000/-. The Tribunal has not assessed any disability as no doctor has been examined. However, it is pertinent to place on record that the disability certificate (Ex.P13) has been issued by a reputed doctor at Tejasvini Hospital, Mangaluru, who has treated the claimant. Hence, it is just and proper that the whole body disability of the claimant be assessed at 5%. Further, although Ex.P13 indicates another surgery would cost 25,000/- since no other material has been produced on record, it is just and proper that some amount be awarded towards future medical expenses.

¶40

In view of the aforementioned, the compensation is re-assessed as follows:

¶41

7.1 Having regard to the nature of injuries sustained and the period of treatment, the compensation towards pain and suffering is re-assessed as 50,000/- as against 35,000/awarded by the Tribunal.

¶42

5 - NC: 2025:KHC:23822 MFA No. 1088 of 2017

¶43

HC-KAR

¶44

7.2 The Tribunal has assessed the medical expenses at

¶45

`49,300/- which are as per actual medical bills, which is just

¶46

and proper and the same is rounded off to `50,000/-.

¶47

7.3 Having regard to the nature of injuries sustained and the period of treatment, the compensation towards attendant charges, food and nourishment is assessed as `25,000/-.

¶48

7.4 Having regard to the period of treatment, the same

¶49

is taken as three months and the compensation of (8,500/-x3) 25,500/- is awarded towards the same.

¶50

7.5 Since no other documents have been produced with

¶51

regard to the future medical expenses apart from Ex.P13, it is just and proper that compensation towards future medical expenses be awarded at `15,000/-.

¶52

7.6 Loss of income due to disability is assessed as (8,500/-x12x13x5%) 66,300/-.

¶53

Having regard to the order dated 19.4.2018 passed in the above appeal, the claimant shall not be entitled to interest for the delayed period of 192 days.

¶54

6 - NC: 2025:KHC:23822 MFA No. 1088 of 2017

¶55

HC-KAR

¶56

Accordingly, the total compensation under various

¶57

heads is re-assessed as follows:

¶58

Sl. No.	Heads	Amount awarded by the Tribunal (Rs.)	Amount awarded by this Court (Rs.)
1.	Towards pain and suffering	35000.00	50000.00
2.	Towards medical expenses	49300.00	50000.00
3.	Loss of future earning capacity due to disability	0.00	66300.00
4.	Loss of income during laid up period	0.00	25500.00
5.	Food and nourishment	0.00	25000.00
6.	Future medical expenses	0.00	15000.00
	Total Interim compensation by insurer	84300.00 (-) 5000.00 79300.00	231800.00

¶59

Hence, the claimant is entitled for enhanced

¶60

compensation of (2,31,800/- – 84,300/-) `1,47,500/-.

¶61

Taking judicial notice of the interest payable

¶62

towards fixed deposits, it is just and proper to award interest at the rate of 7% p.a., on the enhanced compensation.

¶63

In the result, the following:

¶64

ORDER

¶65

i) The appeal is allowed in part;

¶66

ii) The judgment and award dated 12.4.2016 passed in MVC No.529/2014 by the I Additional District Judge and Member, MACT, Chikkmagalur, is

¶67

7 -

¶68

NC: 2025:KHC:23822 MFA No. 1088 of 2017

¶69

HC-KAR

¶70

modified to the extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered.

¶71

iii) The claimant is entitled for enhanced compensation of `1,47,500/- with interest at the rate of 7% p.a. from the date of petition till its realisation except for the delayed period of 192 days, in addition to the compensation awarded by the Tribunal;

¶72