Nagarathnamma @ Jyothi W/O Arunkumar Vs H K Nanjagowda S/O Karegowda

SHRI. M.B. SURESH S/O BASAPPA GOWDA, AGED ABOUT 42 YEARS, OCC: OWNER OF LORRY BEARING NO.KA-13/B-6161, R/O: M.H. PURA VILLAGE, SINGODANAHALLI POST, TQ: ALUR, DIST: HASSAN, PIN-573 201.

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M/S BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., REPRESENTED BY ITS MANAGER, BALLARI. … RESPONDENTS

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(BY SRI. S.K. KAYAKMATH, ADVOCATE FOR R3; R1 AND R2-DISPENSED WITH)

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2 - NC: 2025:KHC-D:7344 MFA No. 20740 of 2012

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HC-KAR

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO MODIFY THE JUDGMENT DATED 08-12-2010 PASSED IN M.V.C. NO.709/2010 ON THE FILE OF THE MEMBER, MACT-XII, BELLARY.

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

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ORAL JUDGMENT

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(PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR)

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This appeal is filed by the appellant/claimant

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challenging the judgment and award dated 08.12.2010, passed by the Member Motor Accident Claims Tribunal-XII, Bellary, in MVC No.709/2010, seeking enhancement of compensation.

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Heard the arguments and perused the material placed before the Court.

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The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case.

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In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injuries.

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HC-KAR

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“i. Suspected fracture right femur.

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ii. Lacerated wound over forehead measuring 10 cm. x 3 cm. X-ray confirms fracture shaft of left and right femur, as such opined fractures are grievous and the lacerated wound over forehead as simple in nature.”

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The Tribunal has awarded compensation under

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various heads as under:

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Sl.	Heads.	Amount in
No.		(Rs.)
1.	Towards pain and sufferings.	40,000/-
2.	Towards medical expenses.	52,320/-
3.	Towards attendant charges, conveyance, extra nourishment and incidental charges.	5,700/-
4.	Towards loss of earnings during the period of hospitalization.	3,750/-
5.	Towards loss of future amenities of life namely discomfort, inconvenience, unhappiness and frustration or any disability.	76,500/-
6.	Towards future medical expenditure for removing of implant.	20,000/-
	Total:	1,98,270/-

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Considering the nature of injuries sustained, compensation awarded by the Tribunal is lesser side.

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NC: 2025:KHC-D:7344 MFA No. 20740 of 2012

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HC-KAR

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Therefore, the same is required to be enhanced by

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modifying the judgment and award.

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Considering the injuries sustained, a

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compensation of Rs.60,000/- towards pain and suffering, Rs.80,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges is Rs.52,320/- as per the medical bills and receipts produced; therefore, the same is kept intact. Further, Rs.20,000/- towards incidental expenses like food, nourishment, diet and attendant charges, etc., Rs.20,000/-(5,000 x 4) towards loss of income during laid up period for a period of four months and Rs.30,000/towards future medical expenses, is awarded.

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The doctor has stated that the claimant had suffered 30% of physical disability to the whole body. Therefore, considering the evidence of doctor, 15%

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functional disability is taken into consideration as the claimant had suffered grievous injuries i.e., “Fracture of

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HC-KAR

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left and right femur and lacerated injury over forehead measuring 10 cm x 3 cm.”

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The accident is caused in the year 2009. Therefore, notional income of Rs.5,000/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 27 years old at the time of accident. Therefore, appropriate applicable multiplier is 17. Hence, loss of future income due to disability is hereby reassessed as Rs.1,53,000/- (Rs.5,000/-x 15% x 17 x 12).

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Thus, the claimant is entitled for total

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compensation under various heads as under:

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Sl.	Heads.	Amount in
No.		(Rs.)
1.	Towards pain and sufferings.	60,000/-
2.	Towards loss of amenities.	80,000/-
3.	Towards loss of income during laid up period.	20,000/-
4.	Towards attendant, Diet, Nourishment charges and Conveyance etc,.	20,000/-
5.	Towards Medical Expenses.	52,320/-
6.	Towards future medical expenses.	30,000/-
7.	Towards loss of future income due to disability.	1,53,000/-
	Total:	4,15,320/-

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NC: 2025:KHC-D:7344 MFA No. 20740 of 2012

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HC-KAR

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Therefore, the claimant is entitled for total

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compensation of Rs.4,15,320/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,98,270/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment.

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In the result, I proceed to pass 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 08.12.2010, passed by the Member Motor Accident Claims Tribunal-XII, Bellary, in MVC No.709/2010, stands modified.

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iii) The claimant is entitled for total compensation of Rs.4,15,320/- along with interest at the rate of 6% p.a. from the date of petition till its realization, as

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