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2020 DIGILAW 269 (KAR)

Chandrashekara N S S/o Shankaraiah v. K N Ravikumar S/o Late Lingaiah

2020-01-29

H.T.NARENDRA PRASAD

body2020
JUDGMENT : 1. This appeal is filed by the claimant challenging the judgment and award dated 3.7.2014 passed by the MACT, Bangalore (SCCH1) in MVC 6259/2011. 2. Brief facts of the case: On 3.12.2010 at about 6.15 p.m. when the claimant along with others were traveling in a canter vehicle bearing Registration No.KA513307 towards Hassan on BangaloreMangalore Road near Kadabahalli Circle, at that time, the driver of the lorry bearing Registration No.KA11A396 came in a rash and negligent manner and dashed against the canter. As a result, he sustained injuries and immediately he was shifted to the hospital. After recovering from injuries, the claimant filed a claim petition before the Tribunal. In order to support his case, he examined himself as PW3, and Dr.Chethan as PW4, and submitted 47 documents. On the other hand, the Insurance Company examined the one witness and produced 4 documents. After appreciation of the evidence, the Tribunal granted compensation of Rs.1,81,160/with interest at 6% p.a. Being aggrieved by the same, the present appeal is filed. 3. The learned counsel for the claimant has contended that as per the evidence of the doctor, the claimant has sustained subrochanteric fracture right femur, epiphysical injury left distal femur, fracture of left tibia, inferior pubic rami fractureleft. The claimant has suffered 17% disability to whole body and he was treated as inpatient for 9 days in the hospital. The Tribunal is not justified in not awarding any compensation under the head 'loss of amenities' and further the compensation awarded under the head 'pain and sufferings' is on the lower side. Hence, he prays for allowing the appeal. 4. Per contra, the learned counsel for the Insurance Company has contended that considering the oral and documentary evidence, the Tribunal has granted just and reasonable compensation. Hence, he prays for dismissal of the appeal. 5. Heard the learned counsel for the parties. Perused the records. 6. It is not in dispute that the claimant had sustained injuries in a road traffic accident occurred on 3.12.2010 due to rash and negligent driving of the offending vehicle by its driver. 7. As per wound certificate, the claimant has sustained multiple fractures such as subrochanteric fracture right femur, epiphysical injury left distal femur, fracture of left tibia, inferior pubic rami fractureleft. PW4, the doctor has stated that the claimant has suffered 32% to lower limb and 17% disability to whole body. 7. As per wound certificate, the claimant has sustained multiple fractures such as subrochanteric fracture right femur, epiphysical injury left distal femur, fracture of left tibia, inferior pubic rami fractureleft. PW4, the doctor has stated that the claimant has suffered 32% to lower limb and 17% disability to whole body. The claimant was treated as inpatient for 9 days in the hospital. Considering the disability stated by the doctor and nature of injuries and an amount of discomfort and unhappiness, the claimant has to undergo in his life, the claimant is entitled for compensation of Rs.40,000/under the head of 'loss of amenities'. 8. Considering the nature of injuries, compensation of Rs.40,000/- awarded by the Tribunal under the head 'pain and sufferings' is on the lower side and hence, the same is enhanced to Rs.50,000/-. 9. The claimant was treated as inpatient for a period of 9 days. Taking into consideration the nature of injuries mentioned in the wound certificate Ex.P32, discharge summary Ex.P34, the claimant is entitled for compensation of Rs.10,000/-under the head 'loss of income during laid up period'. 10. For the reasons stated above, this appeal is partly allowed. The judgment and award of the Tribunal stands modified. The claimant is entitled to receive the following compensation: Compensation Under Different Heads As Awarded By The Tribunal (Rs.) As Awarded By This Court (Rs.) Pain And Sufferings 40,000 50,000 Medical And Incidental Expenses 6,000 6,000 Loss Of Income During Laid Up Period 0 10,000 Loss Of Future Income 110,160 110,160 Loss Of Amenities 0 40,000 Future Medical Expenses 25,000 25,000 Total 181,160 241,160 11. The respondent No.2 Insurance Company is directed to deposit, with the learned Tribunal, the entire compensation amount, along with an interest @ 6% per annum, from the date of filing of the claim petition till the date of realization, within a period of three months from the date of receipt of the certified copy of this judgment. The amount so deposited shall be released forthwith to the claimant by the learned Tribunal after verifying his identity. No order as to costs.