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2022 DIGILAW 1531 (KAR)

Naushad v. Iffco-tokio General Insurance Co. Ltd.

2022-12-01

H.P.SANDESH

body2022
JUDGMENT 1. This appeal is filed challenging the judgment and award dtd. 1/4/2013 passed in MVC.No.7347/2011 on the file of the XVII Additional Judge and Motor Accident Claims Tribunal, Court of Small Causes, Mayo Hall unit, Bangalore ('the Tribunal' for short). 2. Heard the learned counsel appearing for the appellant. 3. The factual matrix of the case of the claimant that he has suffered closed fracture right femur shaft, closed fracture right tibial plateau and the doctor has assessed the disability of 17% but the Tribunal has taken only 15% and when the claimant had suffered major bone fractures, reducing the disability to 15% is an erroneous hence, the Tribunal ought to have accepted the disability as assessed by the doctor. 4. Towards pain and sufferings, the Tribunal has awarded the amount of Rs.50,000.00 and the same is just and reasonable compensation and towards medical expenses also the Tribunal has awarded the compensation of Rs.75,700.00 and the same is based on the documentary evidence and the Tribunal has awarded an amount of Rs.5,000.00 towards conveyance, food, attendance and nourishment charges since he was inpatient for a period of 3 days hence, the compensation on this head is also just and reasonable hence, the same do not requires any interference. 5. However, the Tribunal has awarded an amount of Rs.1,72,800.00 taking notional income of Rs.6,000.00 instead of Rs.6,500.00. Having taken the notional income of Rs.6,500.00 taking the disability of 17% and relevant multiplier is 16, it comes to Rs.2,12,160.00 (6,500x12x16x17%) towards loss of future income. 6. The Tribunal has awarded an amount of Rs.24,000.00 towards loss of earning during laid up period taking the income of Rs.6,000.00 for a period of 4 months and the same has to be calculated taking the income of Rs.6,500.00 for a period of 4 months which comes to Rs.26,000.00 (6,500 x 4). 7. The Tribunal has awarded an amount of Rs.40,000.00 towards loss of amenities and future unhappiness and Rs.20,000.00 towards future medical expenses and the same are just and reasonable, hence, it does not require any interference. 8. In all, the claimant is entitled for compensation of Rs.4,28,860.00 as against Rs.3,87,500.00. 9. 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. 8. In all, the claimant is entitled for compensation of Rs.4,28,860.00 as against Rs.3,87,500.00. 9. 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. 1/4/2013 passed in MVC.No.7347/2011 is modified granting compensation of Rs.4,28,860.00 as against Rs.3,87,500.00 with interest at 6% per annum on the enhanced compensation from the date of petition till deposit. (iii) The respondent No.1-Insurance Company is directed to pay the compensation amount with interest within six weeks from today. (iv) The Registry is directed to send the records to the concerned Tribunal, forthwith.