Chandrappa Vs Iffco Tokio General Ins Co. Ltd.

CHANDRAPPA, S/O ERAPPA, AGED ABOUT 45 YEARS, AGRICULTURIST, R/O KAMASAMUDRA, HOLALKERE TALUK, CHITRADURGA DISTRICT, NOW R/O DEVAPURADAHATTI, CHITRADURGA TALUK AND DISTRICT-577 501

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…APPELLANT

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(BY SRI. A.K. SREEHARSHA FOR SRI. SPOORTHY HEGDE N., ADVOCATES)

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AND:

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Digitally signed by MADHURI S Location: High Court of Karnataka

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IFFCO-TOKIO GENERAL INS CO. LTD., REP. BY ITS MANAGER, KSCMP BUILDING, 3^RD FLOOR, 3^RD BLOCK, 8^TH CROSS, CUNNINGHAM ROAD, BANGALORE-02

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B.C.SUHAS, S/O S. CHIDANANDA REDDY, MAJOR, OWNER OF SRE BUS BEARING REG.NO.KA-16/A-5963, HEAD POST OFFICE ROAD, CHITRADURGA-577 001.

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…RESPONDENTS

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(BY SRI. ASHOKA .H, FOR SRI. PRADEEP B., ADVOCATES,

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HC-KAR

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NOTICE TO R2 IS D/W V/O DTD:18.01.2023)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:04.08.2014 PASSED IN MVC NO.298/2013 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: 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 04.08.2014 passed in MVC No.298/2013 on the file of the II Additional Senior Civil Judge and Additional MACT-V, Chitradurga, for enhancing the compensation.

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Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.1Insurance Company. Notice to respondent No.2 is dispensed with.

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HC-KAR

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It is the case of the injured/claimant filed the

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claim application claiming compensation of Rs.5,00,000/-. However, the tribunal considering the oral and documentary evidence granted an amount of Rs.1,37,300/- with interest at the rate of 7.5% p.a., from the date of petition till the date of deposit. Aggrieved by the said order, this appeal is preferred.

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Learned counsel for the appellant contended that

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the tribunal granted lesser amount towards pain and suffering. The tribunal did not properly consider the nature of injuries. Further contended that the appellant also incurred medical bills and spent amount towards transportation, extra nourishment, attendant charges, loss of future amenities, however the tribunal granted meager amounts. Further learned counsel for the appellant contended that the appellant underwent surgery and stainless steel plate was fixed. The disability was assessed by the doctor as 30%. Further contended that the appellant is an agriculturist and was earning Rs.10,000/-

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HC-KAR

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per month. He was impatient for 6 days. Therefore, requested for enhancement of compensation and also requested for enhancement of interest to 9% or 12% p.a.

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5. As per Ex.P3/Wound certificate, he sustained the

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following injuries,

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“1. Laceration of 1” over left side of lower lip

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2. Laceration of 1” x 1” on left lip

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3. Multiple abrasion over left lip

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4. Laceration of 1” on left leg 3^rd , 4^th & 5^th toes.”

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The above injuries are simple in nature. However, PW2 stated that the appellant took treatment from 27.01.2011 to 1.02.2011. The petitioner has undergone surgery for his lower jaw by fixing stainless steel plate at parasymphysis region of right side in premolar region and numbness in lower front region of right side. Ex.P.7 is the discharge card issued from the said Patanjali Hospital. Ex.P.8 is the disability certificate issued by one Dr. Vishwanath S.B. On its perusal reveals that, the petitioner was treated at Patanjali Hospital, Chitradurga from 27.01.2011 to 01.02.2011 and operated on 28.01.2011.

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HC-KAR

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Thereafter, he was on regular follow up treatment since seven months and having complaint of pain in difficulty in chewing hard food. On clinical examination on 18.05.2013 and as per x-ray, stainless steel plate was fixed at parasymphysis region. As such, on his examination, the doctor was opined that, the petitioner is suffering from disability of 30%”.

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Further, Ex.P8, is the disability certificate. The tribunal considering the disability assessed by PW2, rightly taken, 1/3^rd of it and assessed 10% disability as a whole body disability. The deceased was aged 42 years and the multiplier is to be taken as 14. It is further contended that the notional income of the injured was taken as Rs.6,000/, but as per the guidelines given by Karnataka State Legal Services Authority, as the accident occurred in the year 2011, his income is to be taken as Rs.6,500/- per month. Therefore, loss of future income due to disability is calculated as below;

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Rs.6,500/- X 12 X 14 X 10% = Rs.1,09,200/-

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HC-KAR

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Considering the nature of injuries and period of hospitalisation, an amount of Rs.20,000/- was granted under the head Pain and Suffering and it needs no interference. Further, Rs.5,000/- was granted for future amenities and it is to be enhanced to Rs.10,000/- per month. Also, an amount of Rs.5,000/- under the head travelling, conveyance, attendant charges and diet etc., and extra nourishment and it is be enhanced to Rs.30,000/-.

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Thus in all, compensation awarded by this court are as below,

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Particulars	Amount in Rs.
Loss of future income	1,09,200
Pain and suffering	20,000
Loss of amenities	10,000
Transportation, food and	30,000
nourishment, conveyance and attendant charges
Towards medical	23,300
expenses
Total	1,92,500

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HC-KAR

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Hence, the appellant-claimant is entitled for a total enhanced compensation from Rs.1,37,300/to Rs.1,92,500/- along with interest at the rate of 7.5% p.a.

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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. ii. The judgment and award dated 04.08.2014 passed in MVC No.298/2013 on the file of the II Additional Senior Civil Judge and Additional MACT-V, Chitradurga, is hereby modified;

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iii. The claimant is entitled to a sum of Rs.1,92,500/- along with interest at 7.5% p.a., within one month from the date of this order , instead of Rs.1,37,300/- granted by the tribunal.

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