Satish S/o Honnagangappa v. C. G. Ramanjinappa, S/o Gangaiah
2017-11-17
L.NARAYANA SWAMY
body2017
DigiLaw.ai
JUDGMENT : 1. This appeal is filed by the injured-claimant as against the judgment and award dated 19.1.2015 passed in MVC No.1395/2012 on the file of the Senior Civil Judge, 14th MACT, Tiptur, seeking enhancement of compensation. The Tribunal has awarded compensation of Rs.1,77,900/- at 6% interest. Accident is of the year 2011. 2. The appellant/claimant has suffered road accident injury on 24.02.2011 at about 10.30 p.m. The claimant was traveling in a motor bike bearing No. KA- 4A-J-4211 as a pillion rider. The said motor bike was riding by one Lohith slowly and carefully on the left side of NH 206 road, when they came near Srinidhi Daba, at that time a lorry bearing Reg. No. KA-41-1484 came from opposite direction i.e., Tiptur side in a rash and negligent manner dashed against the said bike. Due to the said accident, the petitioner fell down and sustained grievous injuries. 3. The learned counsel for the appellant submitted that the compensation awarded by the tribunal is on the lower side and the loss of future income is assessed on the basis of monthly income of Rs.4,500/- which is on the lower side and submitted that the income with reference to the year of accident has to be assessed at Rs.6,500/- and the same requires to be considered for awarding compensation towards loss of future income. 4. The learned counsel for the respondents sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper. 5. I have heard learned counsel for both sides. The tribunal considered the disability at 10% as against 16% as per the doctor who was examined as PW2 and awarded Rs. 91,800/-. The claimant has not produced the income proof. Therefore, considering the age and year of accident the notional income is assessed at Rs.6,000/- p.m. Hence, the calculation would be Rs.1,22,400/- (Rs.6,000X12X17X10%) as against Rs.91,800/- awarded by the Tribunal towards Loss of future earnings. In addition Rs.25,000/- towards loss of amenities and Rs. 18,000/- towards laid up period is granted. Therefore, the total amount enhanced is Rs.73,600/-. The compensation awarded by the Tribunal under the other heads is confirmed. Accordingly, the appeal is allowed in part. The appellant is entitled for an enhanced compensation of Rs. 73,600/-in addition to the compensation awarded by the Tribunal. The enhanced compensation shall carry interest as awarded by the Tribunal.