SRI. JAGADEESH @ JAVARAIAH v. PRAVEEN KUMAR

This appeal is filed by the claimant aggrieved by the Award passed in M.V.C.No.1098/2010, on the file of the Additional Senior Civil Judge and MACT, Hassan, dated

20.01.2014 seeking enhancement of compensation.

2. The petition was seeking compensation of an amount of Rs.10,00,000/-, on account of the injuries sustained by the claimant in the accident. It is the case of the claimant that on 04.09.2019 at about

7.30 p.m., when he was proceeding towards his native place, one bike came in a rash and negligent manner and dashed to the claimant, as a result he had sustained injuries and he has spent huge amount for the treatment. - 3 - NC: 2024:KHC:9611 MFA No. 1675 of 2017

3. The Court below on negligence held that the accident had taken place because of the rash and negligence riding of the rider of the bike and accordingly, held that the insurance company is liable to pay the compensation. Then coming the compensation, according to the claimant as per Ex.P.4, the injuries are as follows:

1. Deformity and swelling chest (X-ray shows fracture ribs 6, 7),

2. Right side breath sound is decreased (X-ray shows Humothorax).

3. Tenderness TL spine.

4. Abrasion right elbow.

5. Abrasion right wrist. As per the wound certificate injury Nos.1 and 2 are grievous in nature. The doctor had deposed that the claimant had sustained 30% disability to the limb and the Court below had taken 8% as disability. When it comes to income, according to the claimant, he is an agriculturist, earning an amount of Rs.15,400/-, the Court - 4 - NC: 2024:KHC:9611 MFA No. 1675 of 2017 had taken it as Rs.4,500/- and granted the compensation as per the table given below: Heads Amount

1. Pain and suffering Rs. 29,000/-

2. Medical expenses : Rs. 17,300/-

3. Loss of earnings on account of : Rs. 69,100/- disability

4. Loss of amenities of life

5. Conveyance, attendant charges, food and nourishment : Rs. : Rs. 15,000/- 5,000/-

6. Loss of earning during laid up : Rs. 9,000/- period Total : Rs. 1,44,400/-

4. Learned counsel appearing for the claimant submits that according to the claimant, he is earning an amount of Rs.15,000/- per month, but the Court had taken only Rs.4,500/- which is of the lower side. Further, it is submitted that the doctor has deposed that the claimant has sustained 30% disability to the limb, the court below should have taken 10% to the whole body, but the Court had taken only 8% disability. It is submitted - 5 - NC: 2024:KHC:9611 MFA No. 1675 of 2017 that under all other heads also the compensation i.e., awarded by the Court below is not just and reasonable.

5. Learned counsel appearing for the insurance company submits that though it is stated that the claimant is earning an amount of Rs.15,000/- per month, no evidence was lead in. The Court below had rightly considered income, disability and granted compensation. No grounds are made out for enhancement of compensation.

6. Having heard the learned counsels on either side, perused the material placed on record. According to the claimant, he is earning an amount of Rs.15,000/- per month, the Court had taken Rs.4,500/- per month. There is no evidence with regard to income of Rs.15,000/-. Considering that the accident occurred in the year 2009 and taking into consideration the chart prepared by the Karnataka State Legal Services Authority, on notional income this Court is taking the notional income at Rs.5,000/- per month. When it comes to the disability, the - 6 - NC: 2024:KHC:9611 MFA No. 1675 of 2017 doctor's evidence was considered by the Court below and disability to the limb is taken at 30%, then to the whole body it should have been 10% and the Court below without any basis had taken 8%. This Court is taking the disability at 10%. Hence, loss of future income comes to (5000X12X16X10/100)=Rs.96,000/-. Towards pain and suffering, considering the grievous injuries sustained by the claimant, this Court is granting an amount of Rs.40,000/-. Towards medical expenses the Court below had granted appropriate amount. This Court finds no reason to interfere. Loss of income during the later period as this Court is considering Rs.5,000/- for two months, loss of income is Rs.10,000/-. Then loss of amenities in life, considering the 10% disability to the whole body, this Court is granting an amount of Rs.20,000/-. Towards conveyance, attendance and nourishment, the claimant was in hospital for 10 days and the Court below had granted an amount of Rs.5,000/- and this Court is granting an amount of Rs.10,000/-. - 7 - NC: 2024:KHC:9611 MFA No. 1675 of 2017

7. Further in the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA vs. M. MALATHI AND ANOTHER1, the claimant is entitled for an amount of Rs.10,000/- towards 'legal expenses'.

8. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded

1. Loss of future income : Rs. 96,000/- 5000X12X16X10/100

2. Pain and sufferings : Rs. 40,000/-

3. Medical expenses : Rs. 17,300/-

4. Loss of income during laid up : Rs. 10,000/- period

5. Loss of amenities

6. Conveyance, attendant charges, food and nourishment : Rs. : Rs. 20,000/- 10,000/-

7. Legal expenses : Rs. 10,000/- Total : Rs. 2,03,300/- 1 (2014) 11 SCC 178 - 8 - NC: 2024:KHC:9611 MFA No. 1675 of 2017

9. Accordingly, the appeal is allowed-in-part, enhancing the compensation from Rs.1,44,400/- Rs.2,03,300/-. i) The enhanced amount shall carry interest at 6% p.a. from the date of petition till the date of realization. ii) This Court by order dated 22.11.2023 has condoned the delay of 1022 days on the condition that in case of enhancement they are not been entitled for further interest for the said claim. In view of the same, the appellant is not entitled for the interest for a period of 1022 days. iii) The respondent - insurance company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the - 9 - NC: 2024:KHC:9611 MFA No. 1675 of 2017 claimant is entitled to withdraw the entire amount without furnishing any security. iv) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. v) No costs. Pending miscellaneous petitions, if any, shall stand closed. SD/- JUDGE BN List No.: 1 Sl No.: 13