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2022 DIGILAW 1330 (KAR)

Jagadeesha K. R. v. New India Assurance Company Limited

2022-10-10

H.P.SANDESH

body2022
JUDGMENT 1. Though this matter is listed for admission today, with the consent of both the learned counsel it is taken up for final disposal. 2. Heard the learned counsel for the appellant and the learned counsel for respondent No.1. 3. This appeal is filed challenging the judgment and award dtd. 26/8/2016, passed in M.V.C.No.1018/2014, on the file of the Senior Civil Judge and 19th MACT, Itinerate Court, Chikkanayakanahalli ('the Tribunal' for short). 4. The factual matrix of the case of the claimant before the Tribunal is that he met with an accident on 30/8/2013 and due to the said impact, he has suffered fracture of both the bones of right leg and in support of his claim he examined the doctor as P.W.2, who assessed the disability of 30% to the particular limb and 10% to the whole body. The Tribunal accepted the same and quantified the compensation. 5. The main contention of the learned counsel for the appellant is that the Tribunal has taken the income of Rs.4,500.00 per month in a case of accident of the year 2013 and ought to have taken the notional income of Rs.8,000.00 per month. The learned counsel submits that the compensation has not been awarded under the head loss of income during the laid up period and the compensation awarded under the head pain and suffering is very less and under food and conveyance only Rs.10,000.00 is awarded and no compensation is awarded under the head loss of amenities. 6. Per contra, the learned counsel for respondent No.1 submits that the Tribunal has taken the income of Rs.4,500.00 per month in the absence of any documentary evidence and awarded just and reasonable compensation under all the heads. The Tribunal also considered 10% disability i.e., 1/3rd and hence does not require interference of this Court. 7. Having heard the learned counsel for the appellant and the learned counsel for respondent No.1 and also on perusal of the material available on record, the claimant has suffered fracture of both the bones of right leg and the doctor assessed 30% disability to particular limb and 10% to the whole body and the same is accepted and hence it does not require any interference of this Court. 8. 8. However, taking note of the fact that the accident is of the year 2013, in the absence of any documentary evidence with regard to his income, the notional income of Rs.8,000.00 should be taken. The Tribunal committed an error in taking the income of Rs.4,500.00 per month. The claimant is aged about 31 years and the relevant multiplier applicable is 16' and having taken Rs.8,000.00 as his income, the loss of future income comes to Rs.1,53,600.00 (Rs.8,000.00 x 12 x 16 x 10%). 9. The Tribunal awarded an amount of Rs.1,01,311.00 under the head medical expenses based on the documentary evidence and hence it does not require any interference. 10. The Tribunal has not awarded any compensation under the head loss of income during laid up period. When both the bones are fractured, it requires minimum four months for uniting of fracture and for rest. Having taken the income of Rs.8,000.00 per month and laid up period as four months, the loss of income during the laid up period comes to Rs.32,000.00 (Rs.8,000.00 x 4). 11. The Tribunal has not awarded any amount under the head loss of amenities and the claimant is aged about 31 years and he has to lead rest of his life with 10% disability. Hence, it is appropriate to award an amount of Rs.25,000.00 under the head loss of amenities. 12. The claimant was an inpatient for a period of 32 days and the Tribunal awarded only an amount of Rs.10,000.00 under the head food, nourishment and attendant charges. It was an accident of the year 2013 and he was an inpatient for a period of 32 days in terms of the document Ex.P.6 and hence it is appropriate to award an amount of Rs.25,000.00 as against Rs.10,000.00 under the head food, nourishment and attendant charges. 13. The Tribunal awarded an amount of Rs.25,000.00 under the head pain and suffering. Having considered compound fracture of both bones of right leg, it is appropriate to award an amount of Rs.40,000.00 under head pain and suffering. 14. In all, the claimant is entitled for an amount of Rs.3,76,911.00 as against Rs.2,22,711.00 15. In view of the discussions made above, I pass the following: ORDER (i) The appeal is allowed in part. (ii) The impugned judgment and award of the Tribunal dtd. 14. In all, the claimant is entitled for an amount of Rs.3,76,911.00 as against Rs.2,22,711.00 15. In view of the discussions made above, I pass the following: ORDER (i) The appeal is allowed in part. (ii) The impugned judgment and award of the Tribunal dtd. 26/8/2016, passed in M.V.C.No.1018/2014, is modified granting compensation of Rs.3,76,911.00 as against Rs.2,22,711.00 with interest at 6% per annum from the date of petition till deposit. (iii) The Insurance Company is directed to pay the compensation amount with interest within six weeks from today.