Mallikarjunappa Vs Syed Sameer

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.04.2017 PASSED IN MVC NO.611/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER MACT-IV, DAVANAGERE. 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 above appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act, 1988¹ challenging the judgment and award dated 22.04.2017 passed in MVC No.611/2015 by the Prl. Senior Civil Judge and Member MACTIV, Davanagere² seeking for enhancement of compensation.

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The Tribunal by its judgment and award dated 22.04.2017 partly allowed the claim petition and awarded a total compensation of `2,13,280/- together with interest @ 8% per annum. Being aggrieved, the claimant has filed the above appeal seeking for enhancement of compensation.

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1 Hereinafter referred as to ‘Act’

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2 Hereinafter referred to as the ‘Tribunal’

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3 - NC: 2025:KHC:25012 MFA No. 6709 of 2017

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HC-KAR

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For the sake of convenience, the parties herein are referred as per their rank before the Tribunal.

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The findings of the Tribunal on negligence and on liability are not under challenge and have attained finality. The only question to be adjudicated in the above appeal is with regard to the adequacy of compensation awarded by the Tribunal.

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Heard the submissions of learned counsel Sri Mahesh V. appearing for learned counsel

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Sri.A.Hanumanthappa for the appellant and Sri Ashok N. Patil, learned counsel appearing for the respondent No.3. Perused the records, including the records of the Tribunal.

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It is forthcoming that the claimant was aged 46 years as on the date of the accident i.e., on 03.06.2015. Hence, the Tribunal has applied the appropriate multiplier of ‘13’.

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The claimant was stated to be an auto rickshaw driver. However, no documents are produced to demonstrate the income. Having regard to the date of accident, the notional income of the claimant is re-assessed as `9,000/-.

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4 - NC: 2025:KHC:25012 MFA No. 6709 of 2017

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HC-KAR

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It is evident that the claimant has sustained fracture of both bones of the right leg and compound fracture of the lower third. The claimant was treated as an inpatient on various dates to a total period of 35 days. The Doctor has assessed the disability of the claimant at 30% to the right leg. The Tribunal has re-assessed as whole body disability at 10%, which is just and proper.

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In view of the aforementioned, the compensation is reassessed as follows:

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9.1 Having regard to the nature of injuries, the compensation awarded by the Tribunal towards pain and suffering is reassessed as 50,000/- as against 30,000/- awarded by the Tribunal;

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9.2 Keeping in mind the nature of injuries sustained and the period of treatment, the compensation awarded towards food, nourishment and attendant charges is re-assessed as 25,000/as against 20,000/- awarded by the Tribunal;

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9.3 Having regard to the nature of injuries sustained and the resultant disability, the compensation towards loss of amenities

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HC-KAR

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is re-assessed as 25,000/- as against 12,480/- awarded by the Tribunal;

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9.4. The Tribunal has assessed the period of treatment as three months. Hence, the loss of income during laid up period is reassessed as (9,000 x 3) 27,000/- as against `24,000/awarded by the Tribunal;

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9.5 The Tribunal has awarded medical expenses of `2,000/as per the actual bills, which is just and proper;

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9.6 The compensation towards loss of future earning capacity

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is re-assessed as (9,000 x 12 x 13 x 10%) 1,40,400/- as against `1,24,800/- awarded by the Tribunal;

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It is noticed that the Tribunal has awarded interest at 8%

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per annum. 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 reassessed by this Court.

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In view of the aforementioned, the compensation is reassessed as follows:

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6 - NC: 2025:KHC:25012 MFA No. 6709 of 2017

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HC-KAR

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Sl.No	Compensation Head	Amount Awarded by the Tribunal(`)	Amount awarded by this Court (`)
1	Pain and suffering	30,000.00	50,000.00
2	Loss of earnings due to disability	1,24,800.00	1,40,400.00
3	Loss of amenities	12,480.00	25,000.00
4	Loss of income during laid off period	24,000.00	27,000.00
5	Medical expenses	2,000.00	2,000.00
6	Food & Nourishment & attendant charges	20,000.00	25,000.00
	Total	2,13,280.00	2,69,400.00

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Accordingly, the claimant is entitled to enhanced compensation of (2,69,400/- – 2,13,280/-) = `56,120/-.

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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) Judgment and award dated 22.04.2017 passed in MVC No.611/2015 by the Prl. Senior Civil Judge and Member MACT-IV, Davanagere 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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