Nijagunaiah Vs Rudraiah

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.12.2014 PASSED IN MVC NO.320/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT-17, AT GUBBI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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NC: 2025:KHC:32681 MFA No. 6019 of 2015

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HC-KAR

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

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 10.12.2014 passed in MVC No.320/2013 on the file of the Senior Civil Judge and Member, Additional Mact-17, at Gubbi, for enhancing the

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compensation.

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Heard the arguments of the learned counsel for

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the appellant and learned counsel for respondent No.2.

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It is a case of injury. The injured claimant, claimed compensation of Rs.2,00,000/- with interest at the rate of 12%. The tribunal, however, considering the evidence on record, granted Rs.1,00,000/- with interest at the rate of 6% from the date of petition till the date of realisation. Aggrieved by the said order, this appeal is preferred by the injured claimant. The injured claimant and he mainly contended that the compensation awarded

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3 - NC: 2025:KHC:32681 MFA No. 6019 of 2015

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HC-KAR

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was meagre and total of Rs.1,00,000 was granted to him.

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The amount was not granted under the other heads and interest is also to be enhanced to 12%. The appellant

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sustained following injuries,

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“(1) Haemalima 5x3cm over the right side of fore head;

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(2) Abrasion over the medical malleolus x-ray;

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(3) Tenderness over the left calf;

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(4) Abrasion over left knee 1x1cm;

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(5) Abrasion over the dorsum of left hand and

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(6) x-ray left leg shows fracture of left fibula;

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Further, as per Ex.P7, the Medical Officer opined

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that injuries Nos.3 and 6 are grievous in nature. As per

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Ex.P9 X-ray, he sustained fracture at left fibula. It was stated PW.1 was aged 45 years doing business and

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earning Rs.20,000/- per month. However, no evidence

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was adduced regarding his income. He met with an accident on 14.1.2012 and thus his income is to be taken as Rs.7,000/- per month as per the guidelines given by

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HC-KAR

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Karnataka State Legal Services Authority. He sustained 1

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fracture, 2 injuries, 2 grievous injuries, total 5 injuries.

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Further, an amount of Rs.40,000/- was granted

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under the head injuries. The injured was hospitalized as inpatient for 3 days but took treatment for 3 months as an outpatient. To prove the case, the appellant got marked Ex.P1 to P3 and he himself was examined as PW.1. Considering the nature of injuries and period of hospitalisation and other factors, this court finds it reasonable to grant an amount of Rs.25,000/- for pain and suffering, Rs.25,000/- for loss of amenities, Rs.10,000/- for medical expenses, Rs.10,000/- for transportation, Rs.10,000/- for attendant charges, Rs.10,000/- for extra nourishment. The injured might not have worked at least for a period of 4 months due to the injury sustained by him. As such, this court finds it reasonable to grant an amount of Rs.7,000 x 4 = Rs.28,000/- under the head loss of earnings.

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NC: 2025:KHC:32681 MFA No. 6019 of 2015

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HC-KAR

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Thus in all, award of compensation passed by

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the Tribunal is modified as under:

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Particulars	Amount in Rs.
Pain and suffering	25,000
Loss of amenities	25,000
Medical expenses	10,000
Transportation	10,000
Attendant charges	10,000
Extra nourishment	10,000
Injuries	40,000
Loss of earnings	28,000
	1,58,000

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Hence, the appellant-claimant is entitled for a total

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enhanced compensation of Rs.1,58,000/- along with interest at the rate of 6% p.a., as against already awarded by the Tribunal.

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HC-KAR

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In the result, the following order is passed:

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ORDER

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i. Appeal is allowed in part.

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ii. The judgment and award dated 10.12.2014 passed in MVC No.320/2013 on the file of the Senior Civil Judge and Member, Additional Mact-17, at Gubbi, is modified;

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iii. The claimants are entitled to a sum of Rs. Rs.1,58,000/- along with interest at 6% p.a from the date of petition till the date of realization as against Rs.1,00,000/-;

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iv. Respondent No.2 is directed to deposit the said amount within one month from the date of this order and

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v. On such deposit, appellant is permitted to withdraw the entire amount along with interest accrued on the same.

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SD/(P SREE SUDHA) JUDGE

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AKV_List No.: 1 Sl No.: 28

Nijagunaiah v. Rudraiah

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Nijagunaiah v. Rudraiah

Case brief

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