Research › Search › Judgment

Karnataka High Court · body

2011 DIGILAW 441 (KAR)

Priyanka v. New India Assurance Company Limited

2011-04-15

K.GOVINDARAJULU

body2011
Judgment :- Govindarajulu, J 1. The claimants in MVC Nos.8553/06, 8551/06 are the appellants in these two appeals. 2. The case of the claimants is that on 13.5.06 at about 5 P.M. they were travelling in a car, then the driver of the lorry bearing registration No.TN-29-B-6609 has dashed against the car, it resulted in road traffic accident. For the pain and agony suffered by them, they have filed the claim applications seeking compensation. 3. The Insurance Company has filed objections, deny the accident, call upon the petitioners to prove the accident, its impact. Contend that the claim is exaggerated. Plead for dismissal of the claim application. 4. The case of these claimants are heard along with the connected claim applications and a common order is passed. 5. MFA No.8445/2008: The claimant in MVC No.8553/06 is the appellant in this appeal. The appellant is a minor and her father is examined as PW4, the doctor who has certified the disability of the minor is examined as PW5. The Learned Member of the Tribunal, considering the material facts of the case, has awarded compensation under the following heads: The Learned Member of the Tribunal has not awarded any compensation under the head of loss of earning capacity. The disability assessed by the doctor examined as PW-5 is that the patient had undergone laparotomy, closure of jejunal perforation and appenoectomy under general anesthesia. Admitted on 14.5.2006 and discharged on 19.5.2006. The doctor has certified the disability of the child at 5% to the whole body. The child being operated at a tender age of 5 years, the multiplier i.e., applicable is 18, and the disability assessed being 5%, the earning capacity on notional basis is adopted, the accident being of the year 2006,the loss of earning capacity on account of disability works out to Rs.54,000/-(5% of Rs.5,000/-= Rs.250/-x12=3,00/-x18) and the same is awarded under the head of loss of earning capacity. As the parents have to attend to the child continuously for more than a week, they should be awarded for the loss of the mandays by them. So, a sum of a Rs.15,000/-is awarded under this head. Thus, the claimant is entitled for the enhanced compensation of Rs.69,000/-. This enhanced compensation shall carry interest at 6% p.a. from the date of petition till deposit. 6. MFA No.8531/2008: The claimant in MVC No.8551/2006 is the appellant herein. So, a sum of a Rs.15,000/-is awarded under this head. Thus, the claimant is entitled for the enhanced compensation of Rs.69,000/-. This enhanced compensation shall carry interest at 6% p.a. from the date of petition till deposit. 6. MFA No.8531/2008: The claimant in MVC No.8551/2006 is the appellant herein. The Learned Member of the Tribunal has considered the case of the claimant and awarded a sum of Rs.3,63,800/-. The breakup figures are as under: Pain and sufferings Rs.70,000/- Hospitalisation charges Rs.1,42,000/- Conveyance nourishment Rs.10,000/- Future medical expenses Rs.25,000/- Loss of earning capacity Rs.91,800/- Loss of amenities Rs.30,000/- Total Rs.3,68,800/- She is examined as PW-2. She is admitted to Baptist Hospital, she was inpatient took treatment as inpatient and outpatient. She had spent Rs.2,05,000/-towards medical expenses. Thereafter she claims that she was admitted also at Prestine Hospital, underwent surgery. PW-6 Orthopaedic Surgeon, PW-7 Dr. Jeevan Prakash Facio Maxillary Surgeon are examined. They have given opinion in regard to the operations, treatment of the patient. PW-7 while referring to the facial disability assesses the disability at 50%. Orthopaedic Surgeon has certified the disability to the whole body at 17%. So, the disability assessed by the Learned Member of the Tribunal is liable to be interfered with, the disability at 15% is set-aside. 7. Based upon the material evidence, the Court assesses the disability to the whole body at 25%. So, also keeping in view the year of the accident as 2006, the income of the injured is assessed at Rs.4,000/-per month. The multiplier i.e., applicable is 16. So, under the head of loss of earning capacity the claimant is entitled to Rs.1,80,000/-(25% of 4,000/-= Rs.1,000x12x15) less a sum of Rs.91,800/-awarded by the Learned Member of the Tribunal. Thus, the enhanced compensation under this head comes to Rs.88,200/-. 8. The claimant is aged about 36 years, but had major facial disfigurement. So, under the head of disfigurement, the agony which she has to face in the society, a sum of Rs.10,000/-is awarded to her. Looking to the nature of the injuries, an additional sum of Rs.10,000/-is awarded under the head of transportation, diet. A further sum of Rs.15,000/-is awarded for he laid up period. In all, the claimant is entitled for Rs.1,23,200/-. This enhanced compensation shall carry interest at 6% pa. from the date of petition till deposit. 9. Looking to the nature of the injuries, an additional sum of Rs.10,000/-is awarded under the head of transportation, diet. A further sum of Rs.15,000/-is awarded for he laid up period. In all, the claimant is entitled for Rs.1,23,200/-. This enhanced compensation shall carry interest at 6% pa. from the date of petition till deposit. 9. In the light of the above, the Court pass the following: ORDER .(1) The Appeals are allowed in part. .(2) The appellant in MFA No.8445/2008 is entitled for the enhanced compensation of Rs.69,000/-with interest at 6% p.a. from the date of petition till deposit. The entire sum so awarded be deposited in any Nationalised Bank in a fixed deposit till the minor attains majority authorising the guardian to draw the interest accrued quarterly. .(3) The appellant in MFA No.8531/2008 is entitled for the enhanced compensation of Rs.1,23,200/-with interest at 6% p.a. from the date of petition till deposit. The entire sum so awarded be deposited in any Nationalised Bank in fixed deposit with a liberty to draw interest accrued quarterly. .(4) Ordered accordingly. No costs.