A. Prasad, S/O. Late Annayappa V. The New India Assurance Company Ltd. and M/s. Puma Lift Touch Private Ltd.

MFA/7463/2010

AI Insights

This case involves a Miscellaneous First Appeal (MFA) filed by the claimant, A. Prasad, seeking enhancement of compensation awarded by the Tribunal for injuries sustained in a motor vehicle accident. The accident, caused by the rash and negligent driving of a Corolla car, resulted in a comminuted fracture of the claimant's left humerus and subsequent disabilities. The Tribunal had initially awarded compensation, which the claimant found insufficient, leading to this appeal. The High Court of Karnataka examined the nature of the injuries, medical expenses, and other compensatory aspects, ultimately deciding to enhance the compensation by Rs.20,000.

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 799281 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 18-07-2013
• Assessment Year: misc
• Laws Referred To: MV Act
• Result in Favour of: Partly Allowed
• Court: HIGH COURT
• Department Lawyers: D S SRIDHAR
• Assessee Lawyers: T RAJARAM
• Keywords: Compensation Enhancement; Disability; Injury; Medical expenses; Motor vehicle accident; Negligent driving; Permanent disability; Miscellaneous First Appeal; Loss of Amenities
• Section: 173(1)

Judgement Text

" MFA 7463/2010 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 18TH DAY OF JULY, 2013 B E F O R E THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA Miscellaneous First Appeal No. 7463 of 2010 (MV) BETWEEN A. PRASAD, S/O. LATE ANNAYAPPA, AGED ABOUT 43 YEARS, RESIDING AT VENKATESHWARA NILAYA, BOMMASANDRA, INDUSTRIAL AREA, JANATHA COLONY, BANGALORE – 560 099. ... APPELLANT (By Sri. T. RAJARAM ADV. FOR M/S. RSBG LAW FIRM, ADVS.) AND 1. THE NEW INDIA ASSURANCE COMPANY LTD., NO.52, VINAY COMPLEX, OPP. NATIONAL COLLEGE, BASAVANGUDI, BANGALORE – 560 004. 2. M/S. PUMA LIFT TOUCH PRIVATE LTD., NO. 66/83, 67, KACHANAYAKANA HALLI, MFA 7463/2010 2 OPP. BANGALORE PAINTS, BOMMASANDRA INDUSTRIAL AREA, BANGALORE – 562 158. ... RESPONDENTS (By Sri. D. S. SRIDHAR, ADV. FOR R.1, R.2 SERVED) * *** * THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:15.12.2009 PASSED IN MVC NO.5456/2007 ON THE FILE OF THE I ADDITIONAL SMALL CAUSE JUDGE AND MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. This appeal coming on for Orders, this day, the Court, delivered the following: J U D G M E N T This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal. 2. Though the matter is listed in the orders list, with the consent of learned Counsel appearing for the parties, it is taken up for final disposal. MFA 7463/2010 3 3. For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal. 4. As there is no dispute regarding injuries sustained by the claimant in a motor road traffic accident occurred on 19.03.2006 due to rash and negligent driving of Corrolla Car bearing registration No. KA-05-MB-723 by its driver and liability of the insurer of the said vehicle to pay compensation, the only point arises for consideration is: Whether compensation awarded by the Tribunal is just and proper or does it call for enhancement ? 5. As per Ex.P.5 wound certificate claimant has sustained comminuted fracture of lower half of left humerus. Injuries sustained and treatment taken by him are also evident from Ex. P 6 discharge summary, Ex. P 7 laboratory report, X-rays Ex. P 11 & P 13, inpatient record Ex. P 12 and supported by oral evidence of the claimant and doctor examined as PWs 1 and 2 MFA 7463/2010 4 respectively. PW 2 Dr. Shivarajaiah has stated the claimant has suffered 40% disability to a particular limb and 10% to whole body. 6. Considering the nature of injuries sustained by the claimant Rs.30,000/- awarded by the Tribunal towards pain and suffering is just and proper and there is no scope for enhancement this head. 7. As Rs.53,000/- awarded by the Tribunal towards medical expenses is as per the medical produced by the claimant for Rs.52,316/- there is no scope for enhancement under this head. 8. He was treated as inpatient for 4 days in the Hospital. Considering the same, Rs.10,000/- awarded by the Tribunal towards incidental expenses such as conveyance, nourishment and attendant charges is just and proper and there is no scope for enhancement under this head. MFA 7463/2010 5 9. Claimant claims to have been earning Rs.25,000/- p.m. by working as a Director in M/s Puma Lift Trucks Pvt. Ltd, Bangalore. In this regard he has produced income tax returns for Rs.3,40,804/- for the assessment year 2005-06, Rs.3,75,128/- for the assessment year 2006-07, 5,61,572/- for the assessment year 2007-08. A perusal of the income tax returns go to show there is no reduction in his income and on the other hand there is increase in his income. Therefore awarding compensation towards loss of future income does not arise. 10. Considering nature of injuries, disability stated by the doctor and an amount of discomfort and unhappiness which the claimant has to undergo for the rest of his life, a sum of Rs.25,000/- is awarded towards loss of amenities and a sum of Rs.25,000/- is awarded towards permanent disability as against Rs.30,000/- awarded by the Tribunal. MFA 7463/2010 6 11. Considering the evidence of the doctor Rs.10,000/- awarded by the Tribunal towards future medical expenses is just and proper and it does not call for interference. 12. Thus the claimant is entitled for the following compensation: 1) Pain and suffering Rs. 30,000/- 2) Medical expenses Rs. 53,000/- 3) Incidental expenses Rs. 10,000/- 4) Towards loss of amenities Rs. 25,000/- 5) Permanent disability Rs. 25,000/- 6) Future medical expenses Rs. 10,000/- _.______________ Total Rs. 1,53,000/- Less compensation awarded by the Tribunal Rs. 1,33,000/- Rs. 20,000/- 13. Accordingly the appeal is allowed in part and the Judgment and award of the Tribunal is modified to the extent stated herein above. The claimant is entitled for additional compensation of Rs.20,000/- with interest at 6% p.a. from the date of claim petition till the date of realization. MFA 7463/2010 7 14. The Insurance Company is directed to deposit the additional compensation amount with interest, within two months from the date of receipt of a copy of this judgment, and the same is ordered to be released in favour of the claimant. No order as to costs. SD/- JUDGE Vb/- CT: bs* "