Chanukya v N @ Chanukya Vs Iffco Tokio General Insurance Co. Ltd.

IFFCO TOKIO GENERAL INSURANCE CO LTD REP BY ITS BRANCH MANAGER BRANCH OFFICE NO.7/432, PCR & RD BUILDING LAWYERS ROAD, KUVEMPU NAGAR DAVANAGERE - 577 002.

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SRI RAVI S B S/O S R BASKAR REDDY, AGED ABOUT 40 YEARS, OWNER OF BUS NO. KA-16-B-4654 R/O JAIN COLONY, M.H.ROAD, CHITRADURGA - 577 501.

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…RESPONDENTS

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(BY SRI. D VIJAYA KUMAR.,ADVOCATE FOR R1 NOTICE TO R2 IS DISPENSED WITH ON 30.1.2019)

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NC: 2026:KHC:1081 MFA No. 9089 of 2018

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HC-KAR

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23/08/2018, PASSED IN MVC NO.221/2018, 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:

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CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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The present appeal is filed by the claimant impugning the judgment and award dated 23.08.2018 passed in MVC No.221/2018 by the III Addl. Senior Civil Judge and Addl. MACT-V, Chitradurga¹ seeking for enhancement of compensation.

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The findings of the Tribunal on negligence and liability are not under challenge. Hence, the only question that is to be adjudicated in the present appeal is the enhancement of the quantum of compensation.

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1 hereinafter referred to as the 'Tribunal'

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3 - NC: 2026:KHC:1081 MFA No. 9089 of 2018

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HC-KAR

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The claimant was aged 21 years as on date of the accident i.e., on 16.09.2017. The Tribunal has rightly applied the appropriate multiplier of '18'. The claimant is stated to be an agriculturist and a milk vendor. However, no documents have been produced to prove his income. The Tribunal has assessed the monthly income of the claimant as 7000/-. The notional income is required to be re-assessed as 11,000/- having regard to the date of the accident.

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It is forthcoming from the wound certificate (Exhibit P6), the discharge summary (Exhibit P9) and the disability certificate (Exhibit P12) that the claimant has sustained fracture of both bones of the right forearm as well as fracture of the right clavicle. The fracture of the right forearm was surgically treated and the fracture of the right clavicle was conservatively treated. The claimant was treated as an inpatient from 16.09.2017 to 16.10.2017 for a total period of 30 days. The doctor has been examined as PW.2 and he has deposed that the claimant has suffered 40% disability to the upper limb. The Tribunal has assessed the functional disability at 13% to the whole body which is just and proper.

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NC: 2026:KHC:1081 MFA No. 9089 of 2018

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HC-KAR

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Having regard to the aforementioned, the compensation is re-assessed as follows:

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5.1 Having regard to nature of injuries sustained and the period of treatment, the compensation towards pain and suffering is re-assessed as 40,000/- as against 25,000/awarded by the Tribunal.

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5.2 The laid up period is taken as 30 days and the loss of income during the laid up period is re-assessed as (₹11,000x3) `33,000/-.

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5.3 The compensation awarded by the Tribunal towards medical expenses, conveyance, nourishment and attendant charges, future medical expenses as well as loss of amenities is just and proper.

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5.4 The loss of future earning capacity is re-assessed as (11,000 x 12 x 13% x 18) 3,08,880/-.

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Accordingly, the compensation is re-assessed as follows:

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5 - NC: 2026:KHC:1081 MFA No. 9089 of 2018

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HC-KAR

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Sl.No	Compensation Head	Amount Awarded by the Tribunal (`)	Amount awarded by this Court (`)
1	Pain and suffering	25,000.00	40,000.00
2	Loss of income during laid up period	21,000.00	33,000.00
3	Medical expenses	6,10,000.00	6,10,000.00
4	Conveyance and Nourishment	25,000.00	25,000.00
5	Attendant Charges	59,000.00	59,000.00
6	Loss of future earning capacity	1,96,000.00	3,08,880.00
7	Future medical expenses	30,000.00	30,000.00
8	Loss of amenities of life, happiness and frustration	40,000.00	40,000.00
	Total	10,06,000.00	11,45,880.00

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Accordingly, the claimant is entitled to enhanced

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compensation of (11,45,880/- - 10,06,600/-) = `1,39,280/-.

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It is noticed that the Tribunal has awarded interest at 9% pa. However, taking judicial notice of the interest payable towards fixed deposits, it is just and proper to award interest at the rate of 7% p.a., on the compensation as re-assessed by

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this Court .

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NC: 2026:KHC:1081 MFA No. 9089 of 2018

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HC-KAR

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In view of the aforementioned, I pass the following

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ORDER

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i) The present appeal is partly allowed.

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ii) The judgment and award dated 23.08.2018 passed in MVC No.221/2018 is modified to the extent ordered herein. In all other respects, the judgment and award of the Tribunal remains unaltered;

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iii) The claimant-appellant is entitled to a further compensation of `1,39,280/- together with interest @ 7% per annum from the date of petition till the date of realization in addition to the compensation awarded by the Tribunal.

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iv) Registry to draw modified decree.

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No costs.

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Sd/(C.M. POONACHA) JUDGE

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BS

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List No.: 1 Sl No.: 76

Chanukya v. N @ Chanukya v Iffco Tokio General Insurance Co. Ltd.

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Chanukya v. N @ Chanukya v Iffco Tokio General Insurance Co. Ltd.

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