Goudappa S/O Hanumagouda Patil, Vs Sanganabasappa S/O Kalakappa Tamminal

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 22.03.2012 PASSED IN MVC NO.607/2008 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, YELBURGA AND ENHANCE THE COMPENSATION TO RS.10,00,000/- ALONG WITH COST AND INTEREST, IN THE INTEREST OF JUSTICE AND EQUITY.

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NC: 2025:KHC-D:9213 MFA No. 24915 of 2012

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HC-KAR

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THIS APPEAL, COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT IS 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 claimant/appellant

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challenging the judgment and award dated 22.03.2012 passed in MVC No.607/2008 on the file of Motor Accident Claims Tribunal, Yelburga¹ , 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

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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

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on record, it is proved that the claimant had suffered the following injuries:

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i. Crush injury distal 1/3^rd right left and foot

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1 hereinafter referred to as ‘the Tribunal’ for short

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HC-KAR

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ii. Both bone compounded fracture at distal 1/3 of right leg tibia x fibula.

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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 loss of future income.	91,000/-
2.	Towards loss of earning for 4 months.	12,000/-
3.	Towards medical expenses.	57,000/-
	Total:	1,60,000/-

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Considering the nature of injuries sustained, compensation awarded by Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award.

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Considering the injuries sustained, a compensation of Rs.50,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.57,000/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.25,000/- towards incidental expenses like

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HC-KAR

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food, nourishment, traveling, attendant charges, etc., and Rs.17,000/- (4,250/- x 4) towards loss of income during laid up period for a period of 4 months, is awarded. Further, a compensation of Rs.20,000/- is awarded under the head loss of future medical expenses.

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The doctor has stated that the claimant had suffered 55% of physical disability to the whole body. Therefore, considering the evidence of the doctor, 18% functional disability is taken into consideration as the claimant had suffered crush injury distal 1/3 of right left and foot and both bone compounded fracture at distal 1/3 of right leg tibia x fibula.

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The accident is caused in the year 2008. Therefore, notional income of Rs.4,250/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 35 years at the time of accident. Therefore, appropriate applicable multiplier is 16. Hence, loss of

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HC-KAR

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future income due to disability is hereby reassessed and quantified as Rs.1,46,880/- (Rs.4,250/- x 18% x 12 x 16).

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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. No.	Heads.	Amount in (Rs.)
1.	Towards injuries, pain and suffering.	50,000/-
2.	Towards medical expenses.	57,000/-
3.	Towards loss of amenities.	30,000/-
4.	Towards loss of income during laid up period and medical treatment period.	17,000/-
5.	Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,.	25,000/-
6.	Towards loss of future earning capacity.	1,46,880/-
7.	Towards future medical expenses.	20,000/-
	Total:	3,45,880/-

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Therefore, the claimant is entitled for total compensation of Rs.3,45,880/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,60,000/- awarded by the Tribunal. The Insurance Company is directed to deposit

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HC-KAR

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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 22.03.2012 passed in MVC No.607/2008 on the file of Motor Accident Claims Tribunal, Yelburga, stands modified.

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iii. The claimant is entitled for total compensation of Rs.3,45,880/- as against Rs.1,60,000/- awarded by the Tribunal along with interest at the rate of 6% p.a. from the date of petition till its realization.

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