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Karnataka High Court · body

2022 DIGILAW 1144 (KAR)

Adiveppa v. Divisional Manager, National Insurance Co. Ltd.

2022-09-02

H.P.SANDESH

body2022
JUDGMENT 1. This matter is listed for orders on I.A.s and with the consent of the respective counsel for the parties, this matter is taken up for final disposal. 2. Heard the respective counsel appearing for both the parties. 3. The claimant was before the Tribunal is to claim the compensation for the injuries suffered by him that is comminuted fracture of tibia and fibula and the Tribunal considered the disability of 10% and also awarded compensation on different heads and it is also the contention of the appellant that the compensation awarded by the Tribunal is very meager and no compensation was awarded for the laid up period and future income taken was also taken as Rs.5,000.00 and the accident is for the year 2015 and hence, it requires enhancement. 4. The learned counsel for the respondent would submit that in the absence of documentary proof regarding income, the Tribunal has rightly taken the income of Rs.5,000.00 and also considered the disability at 10%. 5. Having heard the respective counsel appearing for both the parties and also perusal of the material it discloses that the appellant had suffered comminuted fracture of tibia and fibula and the Tribunal has awarded only Rs.20,000.00 towards pain and sufferings and the same is enhanced to Rs.35,000.00. The Tribunal has awarded Rs.10,000.00 towards loss of future amenities and the appellant was aged about 19 years at the time of accident and he had to lead rest of his life with the disability and hence, the same is enhanced to Rs.30,000.00 as against Rs.10,000.00. The Tribunal has awarded Rs.5,000.00 towards diet, conveyance and attendance charges and the same is enhanced to Rs.10,000.00. The Tribunal has considered the medical expenses based on the documentary evidence hence, it does not require any interference. For laid up period, the Tribunal has not awarded any compensation. Having taken the fact that the appellant had suffered two fractures, hence, three months laid up period is taken into consideration and considered the income of Rs.8,000.00 per month as notional income as the accident of the year 2015, hence, awarded an amount of Rs.24,000.00 towards loss during laid up period. Having taken the fact that the appellant had suffered two fractures, hence, three months laid up period is taken into consideration and considered the income of Rs.8,000.00 per month as notional income as the accident of the year 2015, hence, awarded an amount of Rs.24,000.00 towards loss during laid up period. Considering the material on record, particularly, the evidence of doctor and also the Tribunal has taken the disability of 10% and having considered the fact that the claimant had suffered two fractures that is tibia and fibula and also the said fractures are comminuted fractures, it is appropriate to consider the disability at 14%, hence, future earning will be awarded as Rs.2,41,920.00 (Rs.8,000.00 x 12 x 14% x 18 = 2,41,920). Accordingly, the claimant is entitled for the following enhanced compensation: Sl. No. Heads Award by Tribunal Award by High Court 1 Future earning capacity 1,08,000.00 2,41,920.00 2 Pain and suffering 20,000.00 35,000.00 3 Loss of future amenities 10,000.00 30,000.00 4 Diet, conveyance and attendance charges 5,000.00 10,000.00 5 Medical expenses 81,400.00 81,400.00 6 Laid up period ---- 24,000.00 Total 2,24,200.00 4,22,320.00 Enhanced amount is Rs.1,98,120.00 6. In view of the discussions made above, I pass the following: ORDER The appeal is allowed in part. The impugned judgment and award dtd. 1/4/2017 passed in MVC No.900/2015 by VIII Additional District and Sessions Judge, Belagavi is modified granting compensation of Rs.4,22,320.00 as against Rs.2,24,200.00 with interest at 6% per annum on the enhanced compensation. The insurance company is directed to pay the difference of compensation amount with interest within six weeks from the date of this order. The registry is directed to transmit the records to the concerned Tribunal forthwith, if any.