Ambika S Vs Ramegowda N S

COMPANY LTD., CENTER NO.19 WALCHAND HEERACHAND MARG BALLARD ESTATE MUMBAI-400001. REP BY THE MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED, 1ST FLOOR, KRUTHIKA ARCADE NEAR N.R.CIRCLE, H.N.PURA ROAD HASSAN-573 201

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…RESPONDENTS

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(BY SRI. H.C. BETSUR, ADV., FOR R2 R1 SERVICE OF NOTICE IS D/W V.C.O.DTD:16.03.2023)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 29.09.2018, PASSED IN MVC NO.2084/2017, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MACT, ARKALGUD, 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:

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CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

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This appeal is filed by the injured appellant challenging the judgment and award dated 29.09.2018 passed in MVC.No.2084/2017 by the Senior Civil Judge & Member, MACT, Arkalagud (hereinafter referred to as the

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'Tribunal').

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HC-KAR

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Though this appeal is listed for admission, with

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the consent of learned counsel for the parties, it is taken up for final disposal.

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Sri.Chethan B., learned counsel appearing for the appellant submits that the Tribunal has committed a grave error in assessing the income of the injured at Rs.30,000/- per year and in determining the disability at 5%, which is contrary to the evidence of PW3. It is submitted that the appellant has undergone treatment as an inpatient for a period of 5 days. It is further submitted that the award of compensation by the Tribunal under other heads is also on the lower side. Hence, he seeks to enhance the compensation appropriately by allowing the appeal.

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Per contra, Sri.H.C.Betsur, learned counsel appearing for respondent No.2 supports the impugned judgment and award of the Tribunal and submits that the appellant sustained a clavicle fracture, which does not

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HC-KAR

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result in any permanent disability. It is submitted that the doctor has clearly deposed that the fracture has been completely united. It is further submitted that taking into consideration of the difficulties faced by the minor due to the accident, the Tribunal has awarded just compensation of Rs.1,33,100/- which does not call for any enhancement. Hence, seeks to dismiss the appeal.

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I have heard the arguments on both the sides

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and meticulously perused the material available on record.

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The appellant as well as the respondent are not in dispute that the appellant met with a road accident on 14.02.2016 and sustained following injuries as per Ex.P5:

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"1) Acromic clavicular sublocation right shoulder.

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2) Contusion injury right knee."

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The appellant was a minor aged about 16 years

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and was pursuing her education at the time of the accident. Considering the same and taking note of the law laid down by the Hon'ble Supreme Court in the case of

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HC-KAR

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Hitesh Nagjibhai Patel v. Bababhai Nagjibhai Rabari

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and Another¹ , I am of the considered view that the compensation is required to be reassessed. In the present case, the injured appellant was a minor aged about 16 years and the accident occurred in the year 2016. Accordingly, her income is notionally reassessed at Rs.9,500/- per month by placing reliance on the notional income chart prepared by the KSLSA. The Tribunal, taking note of the oral and documentary evidence on record has assessed the disability at 5% which is unaltered. Further, in the aforesaid decision, the Hon'ble Supreme Court has applied a multiplier of 18, where the deceased was aged about 8 years. Hence, it would be appropriate to apply a multiplier of 18 for the purpose of determination of compensation in the present case as well. Accordingly, the compensation under the head of loss of future income due

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to disability is as under:

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9,500 x 12 x 18 x 5% = Rs.1,02,600/-.

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1 2025 INSC 1070

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HC-KAR

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The father of the appellant is entitled to loss of

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income during the treatment period of the injured appellant. The award of compensation by the Tribunal under the heads of medical expenses and loss of future marriage prospectus remains unaltered. Having assessed the income of the appellant, considering the nature of injuries suffered and the treatment provided to the appellant, I am of the considered view that the compensation under the other heads is required to be reassessed appropriately. The appellant is entitled to the modified compensation as under:

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HEADS	AMOUNT (in Rs.)
Pain & suffering	45,000
Loss of amenities	40,000
Medical expenses	54,100
Loss of income of PW1 during the treatment period of minor injured (9,500 x 2)	19,000
Loss of future income due to disability	1,02,600
Towards conveyance, attendant charges, food and nourishment	15,000
Loss of future marriage prospectus	10,000
Total	2,85,700