Halligowda Vs Sri Santhosh Kumar C C

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 11.07.2019, PASSED IN MVC NO.63/2017, ON THE FILE OF THE I-ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, MADYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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NC: 2026:KHC:13308 M.F.A. No.5021/2020

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HC-KAR

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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

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challenging the judgment and award dated 11.07.2019 passed in MVC.No.63/2017 by the I Additional Senior Civil Judge & CJM, Mandya (for short 'Tribunal').

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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.K.L.Sreenivas, learned counsel appearing for the appellant seeks to enhance the compensation on the ground that the income and assessment of disability of the appellant requires reconsideration on the higher side. It is submitted that the award of compensation by the Tribunal under the other heads is also on lower side. Hence, he seeks to enhance the same appropriately by considering the evidence on record.

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HC-KAR

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Per contra, Sri.S.Krishna Kishore, learned

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counsel for respondent No.2 supports the impugned judgment and award of the Tribunal and submits that no evidence was placed before the Tribunal with regard to the income of the appellant. It is submitted that the Tribunal

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has assessed one-third of the disability assessed by the doctor, since the doctor's assessment pertains only to a particular limb. Hence, he seeks to sustain the impugned judgment and award of the Tribunal and seeks to dismiss the appeal.

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I have heard the arguments on both sides and

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perused the material available on record.

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It is not in dispute that in a road accident dated 30.01.2016, the appellant sustained injuries and as per the medical records, he suffered a segmental fracture on the left neck of femur. The doctor, based on the treatment provided, assessed the disability at 33% to the left lower limb, and the Tribunal has considered the said disability at

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HC-KAR

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11% to the whole body. In my considered view, the Tribunal is fully justified in assessing the disability in the said manner. The said assessment is based on the oral and documentary evidence available on record which does not call for any interference.

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Insofar as the income of the injured appellant is concerned, admittedly, the injured has not placed any evidence before the Tribunal with regard to his earning. In the absence of proof of income and taking note of the notional income chart prepared by the KSLSA, this Court notionally reassess the income of the injured at Rs.9,500/per month. It is not in dispute that the claimant was aged about 65 years at the time of the accident; hence, the appropriate multiplier would be 7, which has been rightly considered by the Tribunal. Having reassessed the income of the appellant/claimant, the appellant/claimant is entitled to the compensation under the head of loss of future income due to disability as under:

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HC-KAR

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Rs.9,500 X 12 X 7 X 11% = Rs.87,780/-.

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The Tribunal awarded a sum of Rs.4,300/-

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towards medical expenses, which remains unaltered. It is also to be noticed that the injured appellant was an inpatient for a period of 15 days and had undergone surgery. Therefore, I am of the considered view that the compensation awarded by the Tribunal under the other heads is required to be reassessed by appropriately enhancing the same. Thus, the appellant is entitled to the modified compensation as under:

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HEADS	AMOUNT (in Rs.)
Pain & suffering	40,000
Loss of amenities	30,000
Medical expenses	4,300
Loss of income during laid-up period (Rs.9,500 X 3)	28,500
Loss of future income due to disability	87,780
Towards food, nourishment, conveyance and attendant charges	25,000
Total	2,15,580

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HC-KAR

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Thus, the appellant-claimant shall be entitled to total compensation of Rs. 2,15,580 /- as against Rs.1,34,220/awarded by the Tribunal.

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In the result, this Court proceeds to pass the

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following:

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ORDER

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a) Appeal stands allowed in part .

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b) The impugned judgment and award of the

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Tribunal is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs. 2,15,580 /- as against Rs.1,34,220/- awarded by the Tribunal.

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