Sri H v Ananda Murthy Vs Smt M R Savitha

SMT. M.R.SAVITHA W/O. M.R.SOMASHEKAR MAJOR (AGE NOT KNOWN TO THE APPELLANT) NO.36, D.N.BLOCK, 3^RD MAIN ROAD, NEAR RMP COLONY, KUVEMPU NAGAR MYSURU-570001.

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THE BRANCH MANAGER THE ORIENTAL INSURANCE COMPANY LTD., COB-III, NO.42/1, CHANDRA COMPLEX 1^ST FLOOR, KALIDASA ROAD, V.V.MOHALLA, MYSURU-570001.

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…RESPONDENTS (BY SRI. RAJENDRA HEGDE, ADVOCATE FOR SRI. S.V.HEGDE MULKHAND, ADVOCATE FOR R2 V/O DATED 14.02.2025, NOTICE TO R1 IS DISPENSED WITH)

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HC-KAR

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.03.2018 PASSED IN MVC NO.547/2015 ON THE FILE OF THE JUDGE, ADDITIONAL SMALL CAUSES AND SENIOR CIVIL JUDGE, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FINAL HEARING, 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 filed under Section 173(1) of the Motor Vehicles Act, 1988¹ by the claimant challenging the judgment and award dated 03.03.2018 passed in MVC No.547/2015 by the Motor Accidents Claims Tribunal at Mysuru (Additional Small Causes and Senior Civil Judge, Mysuru)² , seeking enhancement of quantum of compensation.

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The Tribunal by its judgment and award dated 03.03.2018 partly allowed the claim petition and awarded a total compensation of `1,80,000/- together with interest

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1 Hereinafter referred to as ‘MV Act’

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2 Hereinafter referred to as ‘Tribunal’

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HC-KAR

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at 9% per annum. Being aggrieved, the present appeal is filed by the claimant.

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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 that is required to be adjudicated in the present appeal is with regard to the adequacy of the quantum of compensation.

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Heard the submissions of learned counsel Sri L.

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Raja for the appellant/claimant and learned counsel Sri Rajendra Hegde Mulkhand, for learned counsel Sri S.V. Hegde Mulkhand for respondent No.2/insurer. Perused the records of the Tribunal.

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It is forthcoming that the claimant was aged 57 years as on the date of the accident, i.e., on 07.02.2015. The claimant was working as a Deputy Director in the office of the Development Commissioner, Ministry of Micro, Small and Medium Enterprises, Government of India and

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earning `90,000/- per month.

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HC-KAR

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It is evident from the wound certificate

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(Ex.P.5), discharge summary (Ex.P.13) as well as the evidence of the doctor (PW.2) that the claimant sustained comminuted fracture of the left tibia condyle and fracture of 4^th and 5^th metacarpal of the left hand. The claimant was treated as an inpatient for a total period of 09 days.

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

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i. The Tribunal has awarded a sum of 1,00,000/towards medical expenses by taking into consideration that the claimant has produced medical bills of 89,000/and awarded a sum of `10,000/- towards nourishment. It

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is just and proper that the medical expenses be reassessed for a sum of `90,000/-;

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ii. Having regard to the nature of the injuries sustained and the period of treatment, it is just and proper to award compensation towards food, nourishment and attendant charges in a sum of `15,000/-;

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HC-KAR

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iii. The compensation awarded towards future

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medical expenses in a sum of `20,000/- is just and proper;

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iv. The Tribunal has not awarded any compensation towards loss of future earning capacity/disability since the claimant has continued his employment, which is just and proper;

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v. The Tribunal has also not awarded any compensation towards loss of income during the laid-up period since the claimant has not produced any relevant material to demonstrate that he has taken leave during the recovery period. Hence, the same is just and proper;

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vi. Having regard to the nature of the injuries sustained, it is just and proper to award compensation towards pain and sufferings as 60,000/- as against 30,000/- awarded by the Tribunal;

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vi. Doctor (PW.2) has deposed that there is malunion of the tibia as well as the metacarpal of 4^th and 5^th bone. He further deposed that there is wasting of thigh

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HC-KAR

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and leg muscles and it is difficult to do manual work.

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Since the Tribunal has rightly not awarded compensation towards loss of future earning capacity/disability as the claimant has continued his employment, having regard to the disability as assessed by PW.2 which is 40% to the left lower limb and 10% to the left hand, it is just and proper to re-assess compensation towards loss of amenities in a sum of 75,000/- as against 30,000/- awarded by the Tribunal.

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8. Accordingly, the total compensation under

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various heads is re-assessed as follows:

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Sl. No.	Heads	Amount awarded bythe Tribunal(`)	Amount awarded bythis Court(`)
1.	Towards Medical expenses and nourishment	1,00,000.00	90,000.00
2.	Towards loss of income during laid up period and rest	-	-
3.	Towards injury pain and sufferings	30,000.00	60,000.00
4.	Towards loss of future income	-	-
5.	Towards loss of amenities	30,000.00	75,000.00
6.	Future medical expenses	20,000.00	20,000.00
7.	Towards food, nourishment and attendant charges	-	15,000.00
	Total	1,80,000.00	2,60,000.00

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HC-KAR

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Hence, the claimant is entitled for enhanced

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compensation of 80,000/- (2,60,000/- – `1,80,000/-).

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It is noticed that the Tribunal has awarded interest at 9% p.a. However, taking judicial notice of the interest payable towards fixed deposits, it is just and proper to award interest at the rate of 7% p.a., on the compensation as re-assessed by this Court.

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In the result, 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 03.03.2018 passed in MVC No.547/2015 by the Motor Accidents Claims Tribunal at Mysuru (Additional Small Causes and Senior Civil Judge, Mysuru) is modified to the extent ordered herein. In all other respects, the judgment and award of the Tribunal remains unaltered.

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