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2022 DIGILAW 207 (KAR)

SOMESHA v. MALLESHA

2022-02-15

P.KRISHNA BHAT

body2022
JUDGMENT : P. Krishna Bhat, J. 1. This appeal is at the instance of the claimant seeking enhancement of the compensation awarded in the judgment and award dtd. 29/6/2011 in M.V.C. No.192 of 2010 passed by the Fast Track Court-I and Additional Motor Claims Tribunal, Mysuru. 2. The facts of the case are not required to be stated in view of narrow scope of dispute raised in this appeal. 3. Learned counsel for the appellant-claimant makes three fold grievances on the compensation awarded by the Tribunal. Firstly, he submits that the claimant was a panipuri vendor, aged thirty-five years, and had suffered comminuted fracture of upper 3rd of right tibia and since his job requires him to stand entirely to serve his customers, compensation awarded under the head of pain and sufferings is on the lower side and it is required to be enhanced. Secondly, he submitted that for the same reasons, the claimant would not have been in a position for a period of five months immediately following the accident and therefore, under the head of loss of income during laid up period, the compensation awarded is also on the lower side and the same requires to be enhanced. Lastly, he submitted that the compensation awarded in a sum of Rs.3,200.00 for loss of amenities is too low and the same also requires to be enhanced. 4. Learned counsel for the respondent-Insurance Company submitted that the compensation awarded by the Tribunal is just and reasonable and there is no case made out for enhancing the compensation under any of the heads and the appeal lacks merit and it is liable to be dismissed. 5. I have given my anxious consideration to the submissions made by the learned counsel on both sides and perused the records. 6. Ex.P.2 is Wound Certificate which shows that the claimant had suffered two simple injuries and comminuted fracture of upper 3rd of right tibia. He was in Hospital as inpatient for 46 days. In that view of the matter, amount awarded in a sum of Rs.50,000.00 under the head of pain and sufferings is reasonable and just and no case is made out to enhance the same. 7. The Tribunal awarded Rs.16,000.00 towards loss of income during laid up period. He was in Hospital as inpatient for 46 days. In that view of the matter, amount awarded in a sum of Rs.50,000.00 under the head of pain and sufferings is reasonable and just and no case is made out to enhance the same. 7. The Tribunal awarded Rs.16,000.00 towards loss of income during laid up period. Case of the claimant before the Tribunal is that he was a panipuri vendor and even otherwise, if he is considered as a manual labourer in view of the suffering of fracture in the leg, notional income of Rs.5,000.00 per month is fixed for the year 2009 as per the chart prepared by the Karnataka Legal Services Authority. Therefore, he is required to be awarded by Rs.25,000.00 (5,000 x 5 months) for the loss of income during laid up period. 8. For the loss of amenities of life, the Tribunal has awarded Rs.3,200.00. As already noticed, the claimant had suffered fracture of right lower limb which is comminuted one and his avocation requires him to be standing through out the day. Evidence of P.W.2-Doctor shows that he has suffered discomfort in his day-to-day activities on account of injuries suffered. Therefore, I am of the view that a reasonable sum of Rs.35,000.00 is required to be awarded under the head of loss of amenities. 9. Thus, the claimant is entitled for following: Accordingly, the appeal is hereby partly allowed. The claimant is entitled to enhanced compensation of Rs.40,800.00 (Rupees forty thousand and eight hundred only) with interest at the rate of 6% per annum from the date of petition till the date of payment. Insurance Company is directed to deposit the award amount within six weeks' from the receipt of a certified copy of this judgment. Transmit the records to the Tribunal, forthwith.