Sri Mahesh M S Vs Sri Basavaraju

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.03.2024 PASSED IN MVC No.1858/2022 ON THE FILE OF THE COURT OF ADDITIONAL SENIOR CIVIL JUDGE AND MACT, JMFC, CHANNARAYAPATNA, HASSAN, PARTY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION.

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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 SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by the appellant/claimant seeking enhancement of compensation awarded in judgment and award dated 28.03.2024 passed in MVC No.1858/2022 by the Additional Senior Civil Judge and MACT, Channarayapatna, Hassan.

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Even though the appeal is listed today for

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admission, it is taken up for disposal with the consent of

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NC: 2026:KHC:36124 MFA No. 6422 of 2024

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HC-KAR

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CNR: KAHC010549512024

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learned counsel for appellant and learned counsel for respondent.

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The appellant made a claim petition praying to

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award compensation for the injuries sustained by him in a road traffic accident occurred on 09.07.2022 contending that the accident occurred due to rash and negligent driving of the driver of goods vehicle bearing KA-64-0592. The Tribunal after recording the evidence, appreciated the evidence, assessed the compensation and awarded

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compensation under various heads as under:

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Sl.No.	Heads	Amount in (Rs.)
01.	Attendants charges, extra nutritious food and conveyance charges	6,000.00
02.	Pain and suffering	25,000.00
03.	Loss of income during laid up period	46,500.00
04.	Medical expenses	1,01,610.00
05.	Loss of future income due to disability	2,95,628.00
06.	Loss of future amenities and happiness	35,000.00
	Total	5,09,738.00

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HC-KAR

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NC: 2026:KHC:36124 MFA No. 6422 of 2024

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CNR: KAHC010549512024

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The Tribunal also awarded interest @ 6% p.a.

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from the date of petition till realization and directed respondent No.2/insurer to deposit the compensation with interest. The claimant seeking enhancement of the compensation has filed the present appeal.

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Heard learned counsel for the appellant and learned counsel for respondent No.2/insurer.

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Learned counsel for appellant would contend that the Tribunal has rightly taken the disability of the whole body at 8.83%. The claimant was working in Reliance Smart Point and getting salary of Rs.17,000/- p.m. and in that regard his salary slips for one year have been produced at Ex.P13 wherein his income is shown as Rs.17,000/-. Inspite of the said documents, the Tribunal has erred in taking the notional income at Rs.15,500/-. The claimant has sustained pain, swelling, deformity over left arm, loss of wrist extension and comminuted fracture of left humerus with radial nerve injury as per Ex.P5 –

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HC-KAR

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CNR: KAHC010549512024

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wound certificate and Ex.P10 – discharge summary. Considering the same, the compensation awarded towards pain and suffering and loss of amenities requires to be

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enhanced. With this he prayed to allow the appeal.

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Learned counsel for respondent No.2/insurer would contend that claimant has not examined the author of Ex.P13 – salary slips and therefore, the Tribunal has rightly taken the notional income. The compensation awarded under other heads is just and proper and there are no grounds for enhancement.

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Having heard the learned counsels, the Court has perused the judgment and award.

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The Tribunal considering the evidence of PW.2 – Doctor has rightly taken the disability to the whole body at 8.83%. The claimant was working in Reliance Smart Point and Ex.P13 are the salary slips for the period from June, 2021 to July, 2022. As per the said salary slips, the claimant was getting Rs.17,000/- p.m. The Tribunal has

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HC-KAR

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CNR: KAHC010549512024

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not taken into consideration the monthly salary of the claimant on the ground that author of the salary slips has not been examined. The Hon’ble Apex Court in the case of Rajwati @ Rajjo and Ors vs. United India Insurance Co.Ltd and Ors (2022 SCC Online SC 1699) has observed as under:

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“ 20. In view of the above, we do not agree with the view taken by the High Court while rejecting the salary certificate (Exhibit 19) and pay slip (Exhibit 20) of the deceased merely on the ground that the person issuing the two aforementioned documents was not examined before the Learned Tribunal. The said documents are conclusive proof of the income of the deceased and were also corroborated by the statements of the deceased’s wife (Appellant No. 1 herein) and his co-workers. As such, the High Court was not justified in assessing the income of the deceased at Rs.4,836/- per month on the basis of minimum wages fixed by the State at the relevant time. Resultantly, we affirm the findings of the Learned Tribunal so far as they relate to assessing the deceased’s income at Rs.11,225/- per month on the basis

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HC-KAR

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CNR: KAHC010549512024

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of aforementioned two documents. Annual income of the deceased, therefore, amounts to, Rs.11,225/- x 12 = Rs.1,34,700/-.“

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10. Considering the said aspect, the income stated in

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the pay slips has to be taken into consideration. In view of the same, the loss of future income is calculated as under:

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Rs.17,000 x 12 x 18 x 8.83% = Rs.3,24,237.60

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(rounded of to Rs.3,24,238/-)

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11. Considering the injuries noted in Ex.P5 – wound certificate and Ex.P10 – discharge summary, the compensation awarded by the Tribunal for pain and suffering in a sum of Rs.25,000/- requires to be enhanced to Rs.50,000/-. The compensation awarded for loss of amenities in a sum of Rs.35,000/- is just and proper. The Tribunal has awarded loss of income during laid up period for three months taking the income at Rs.15,500/- p.m. Now that the income is taken at Rs.17,000/- p.m., the claimant is entitled to loss of income during laid up period

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HC-KAR

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CNR: KAHC010549512024

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in a sum of Rs.51,000/- (Rs.17,000 x 3 months). The

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Tribunal has rightly awarded medical expenses and attendant and conveyance charges considering that claimant was admitted in the hospital for 06 days. PW.2Doctor who has assessed the disability has stated that claimant requires to undergo surgery for removal of implant. Considering the said aspect, the claimant is entitled to future medical expenses of Rs.30,000/-.

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In view of the above, the claimant is entitled to

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compensation under various heads as under:

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Sl.No.	Heads	Amount in (Rs.)
01.	Loss of future income	3,24,238.00
02.	Pain and suffering	50,000.00
03.	Medical expenses	1,01,610.00
04.	Loss of amenities	35,000.00
05.	Attendant charges and conveyance	6,000.00
06.	Loss of income during laid up period	51,000.00
07.	Future medical expenses	30,000.00
	Total	5,97,848.00

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HC-KAR

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CNR: KAHC010549512024

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Considering the above aspects, the claimant is entitled to total compensation of Rs.5,97,848/- as against Rs.5,09,738/- with interest @ 6% p.a. from the date of petition till realization. Consequently, the claimant is entitled to enhanced compensation of Rs.88,110/- with interest @ 6% p.a. from the date of petition till realization. Respondent No.2 is liable to pay the said enhanced compensation with interest. The claimant is not entitled to interest on future medical expenses of Rs.30,000/-

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In view of the above, the following:

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ORDER

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