Sri Ambresh Vs Sri Manoj Thomos

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.12.2023 PASSED IN MVC NO. 5925/2022 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER, MACT, BENGALURU (SCCH-5), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND 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 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 05.12.2023 passed in MVC No.5925/2022 on the file of the VIII Additional Small Causes Judge and ACMM, Member, MACT, Bengaluru, (SCCH-5), for enhancing the compensation.

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HC-KAR

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Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience.

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The petitioner/injured claimant met with an accident on 20.10.2022 and filed petition before the Tribunal for compensation of Rs.15,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.4,87,754/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed and mainly contended that the amounts granted under the other heads are meagre. Therefore, requested for enhancement of the compensation.

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Though it is stated that the petitioner/injured was working as a coolie and earning Rs.20,000/- per month, he has not produced any income proof. The Tribunal has considered the minimum wages at Rs.15,316/- per month. But this Court finds it reasonable to take his notional income at Rs.15,500/per month, as per the chart prepared by the Karnataka State

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HC-KAR

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Legal Services Authority, since the accident occurred in the year 2022. The petitioner/injured was aged 23 years and the applicable multiplier is 8189. As per Ex.P.9-wound certificate and Ex.P.10-discharge summary, the petitioner/injured sustained fracture of the left tibia and fibula. The petitioner/injured examined the doctor as PW.3, who assessed the disability of the left lower limb at 28% and that of the whole-body disability at 14%. The Tribunal has taken 1/3^rd of 28% i.e., 9% disability, for the purpose of calculation and it needs no interference. Accordingly, the loss of future earning capacity comes to Rs.3,01,320/- (15,500 × 12 × 18 × 9%). The petitioner was hospitalized for a period of three days. The Tribunal has granted a sum of Rs.1,29,695/- towards medical expenses as per Ex.P.15, which is confirmed. Considering the nature of injuries, period of hospitalization and other relevant factors, this Court finds it reasonable to grant a sum of Rs.40,000/- towards pain and suffering, Rs.25,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment and attendant charges. The petitioner might not have attended to any other work at least for a period of two months. Therefore, a sum of Rs.31,000/- (15,500 × 2) is

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HC-KAR

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awarded under the head of loss of income during the laid-up

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period.

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Thus in all, compensation awarded by this Court

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is as below:

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Sl.Nos.	Particulars	Amount in Rs.
1.	Towards pain and suffering	40,000/-
2.	Towards medical expenses	1,29,695/-
3.	Towards loss of amenities	25,000/-
4.	Towards transportation, extra nourishment and attendant charges	30,000/-
5.	Towards loss of income during laid up period	31,000/-
6.	Towards loss of future earning capacity	3,01,320/-
	Total	5,57,015/-

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Hence, the appellant-claimant is entitled for a

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total compensation of Rs.5,57,015/- along with interest at the rate of 6% p.a.

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In the result, the following order is passed:

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HC-KAR

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ORDER

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i. The appeal is allowed in part.

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ii. The judgment and award dated 05.12.2023 passed in MVC No.5925/2022 on the file of the VIII Additional Small Causes Judge and ACMM, Member, MACT, Bengaluru, (SCCH-5), is modified.

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iii. The claimant is entitled to a sum of Rs.5,57,015/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.4,87,754/granted by the tribunal.

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iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.69,261/- along with the interest at the

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