Ningaraju Vs Divisional Controller

CIVIL JUDGE AND C.J.M, AND MEMBER OF MACT, CHAMARAJANAGAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.,

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

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

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ORAL JUDGMENT

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The present appeal is filed by the claimant under Section 173(1) of the Motor Vehicle Act, 1988¹ challenging the judgment and award dated 24.03.2015 passed in MVC.No.77/2012 by the Senior Civil Judge and C.J.M, and Member of MACT² ., Chamarajanagar, seeking for enhancement of compensation.

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The Tribunal vide its judgment and award dated 24.03.2015 has partly allowed the claim petition and awarded a compensation of `2,08,900/- together with interest at 6% per annum. Being aggrieved, the claimant seeking for enhancement of compensation has filed the present appeal.

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1 Hereinafter referred as to ‘Act’

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2 Hereinafter referred as to ‘Tribunal’

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HC-KAR

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

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Heard submissions of learned counsel

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Sri Manjunatha.N.D., appearing for the appellant - claimant and learned counsel Smt.H.R.Renuka appearing for the respondent.

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The claimant was aged about 20 years as on the date of accident i.e., as on 12.07.2012. Hence the Tribunal has rightly applied the appropriate multiplier of 18.

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It was averred that the claimant was working as a mason and earning 9,000/- per month. However, no documents have been produced to demonstrate the income. The Tribunal has assessed the notional income of the claimant as 5,000/- p.m. However, having with regard to the date of the accident, the notional income of the claimant is re-assessed as `7,000/- per month.

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HC-KAR

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It is forthcoming from the wound certificate (Ex.P.5)

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and the other medical evidence available on record that the claimants sustained fracture of left femur as well as other simple injuries. Claimant was treated as in-patient for a total period of 10 days. The Doctor was examined as CW.1 and he has deposed that the disability at 8% of the limb. The Tribunal has re-assessed the disability at 3%, which is just and proper.

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Having regard to the aforementioned the quantum

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of compensation is re-assessed as follows:

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8.1. The Tribunal has awarded medical expenses as per

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the actual bills in sum of 1,11,500/-, which is just and proper. Hence, the same is rounded of 1,12,000/-;

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8.2. The Tribunal has awarded 10,000/- towards food, nourishment, diet and attendant charges as well as 5,000/towards conveyance charges which is just and proper;

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8.3. The Tribunal has assessed the laid up period as one month and awarded `5,000/- towards loss of earning during the period of treatment. However, the laid up period is re-assessed

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HC-KAR

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as three months and compensation towards same is reassessed as (7000x3) = `21,000/-;

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8.4. Having regard to the nature of injuries sustained

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and the period of treatment, the compensation towards pain and suffering is re-assessed 30,000/- as against 20,000/awarded by the Tribunal;

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8.5. The Tribunal has awarded compensation towards future medical expenses of `25,000/- which is not interfered with;

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8.6. The compensation awarded towards loss of future

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earning capacity/disability is re-assessed as (7000X12X18X3%) = `45,360/-;

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8.7. The Tribunal has not awarded any compensation

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towards loss of amenities. Having regard to the nature of injuries sustained, the loss of amenities is re-assessed as `15,000/-.

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HC-KAR

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9. Hence, the compensation is re-assessed as follows;

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Sl.No	Compensation Head	Amount Awarded by the Tribunal (`)	Amount awarded by this Court (`)
1	Towards expenses relating to treatment and hospitalization and medicines	1,11,500.00	1,12,000.00
2	Towards Nourishment food and Diet and attendant charges	10,000.00	10,000.00
3	Towards loss of earning during the period of treatment	5,000.00	21,000.00
4	Towards pain and suffering	20,000.00	30,000.00
5	Towards loss of future earning on account of permanent disability	32,400.00	45,360.00
6.	For conveyance charges	5,000.00	5,000.00
7.	For future medical expenses	25,000.00	25,000.00
8.	Loss of amenities	NIL	15,000.00
	TOTAL	2,08,900.00	2,63,360.00

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10. Accordingly, the claimants are entitled to enhanced

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compensation of (2,63,360/- - 2,08,900/-) = 54,460/-, rounded of 55,000/-.

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7 -

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NC: 2025:KHC:25231 MFA No. 1237 of 2017

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HC-KAR

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Having regard to the order dated 10.12.2018 the claimant shall not be entitled for interest for the delayed period of 507 days.

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Taking judicial notice of the rate of interest awarded

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towards fixed deposits, the rate of interest on the enhanced compensation is re-assessed as 7% per annum.

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In view of the aforementioned, the following:

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ORDER

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i) The appeal is allowed in part;

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ii) The judgment and award dated 24.03.2015 passed in MVC.No.77/2012 by the Senior Civil Judge and CJM and Member of MACT., Chamarajanagar, is hereby modified to the extent ordered herein. In all other respects, the judgment and award of the Tribunal remains unaltered;

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iii) The appellant/claimant is entitled to an enhanced the compensation of `55,000/- together with interest at 7% per annum from the date of the petition till its realization, in addition to the

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HC-KAR

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compensation awarded by the Tribunal, except for a period of 507 days;

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iv) Respondent shall deposit the said compensation together with accrued interest within a period of four weeks. Upon deposit of compensation together with accrued interest, the same shall be digitally released to the claimant.

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v) The Registry to draw the modified award accordingly;

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vi) Records of the Tribunal be transmitted to the Tribunal forthwith.

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No costs.

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Sd/(C.M. POONACHA) JUDGE

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SRK List No.: 1 Sl No.: 28

Ningaraju v. Divisional Controller

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Ningaraju v. Divisional Controller

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