IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14TH DAY OF MARCH, 2023

BEFORE

THE HON'BLE MR JUSTICE N S SANJAY GOWDA MISCELLANEOUS FIRST APPEAL NO. 983 OF 2018 (MV-I)

BETWEEN:

BIBIJAN, AGED ABOUT 58 YEARS, W/O LATE MUNEER, R/AT 2ND CROSS, NOOR NAGAR, KOLAR TOWN-563 101.

…APPELLANT

(BY MS.SWATI G.HEGDE, ADVOCATE FOR SRI. PAVANA CHANDRA SHETTY H., ADVOCATE)

Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA

AND:

• 1. LOKESHA M., S/O MANI, AGE:MAJOR, R/AT NO.1823, KSRTC COLONY, SARIGE NAGARA, KOLAR-563 101.
• 2. M/S IFFCO TOKIO GENERAL INSURANCE CO.LTD., ADITHYA BUILDING, SNR HOSPITAL CIRLCE, KOLAR TOWN-563 101. REP. BY ITS MANAGER.

…RESPONDENTS

(BY SRI.B.C.SEETHARAMA RAO, ADVOCATE FOR R-2; V/O DATED 05.01.2023 NOTICE TO R-1 IS DISPENSED)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.12.2017 PASSED IN MVC NO.520/2015 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & CJM AT MACT, KOLAR, PARTLY ALLOWING THE CLAIM

MFA No. 983 of 2018

PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

1. The claimant, being dissatisfied with the compensation of Rs.2,17,100/- awarded by the Tribunal, is in appeal.

2. The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute.

3. The Tribunal, on assessment of the evidence, has recorded a finding that the claimant has suffered the following injuries: Fracture of right tibia and fracture of right fibula and abrasion over the right leg.

4. The Tribunal has thereafter awarded the following sums as compensation:

Sl.	Compensation under	Amount
No.	different Heads	in (Rs.)
1.	Pain and suffering	Rs.25,000/-

2.	Medical expenses	Rs.68,300/-
3.	Food nourishment, conveyance<br>and attendant charges	Rs.5,000/-
4.	Future loss of income	Rs.1,18,800/-
	TOTAL	Rs.2,17,100/-

5. The Tribunal in arriving at the said sums has assessed the disability at 15% to whole body and has determined the notional income as Rs.6,000/-.

6. In my view, the assessment of disability at 15% cannot be found fault with as it is based on the evidence of the doctor. However, the notional income of Rs.6,000/ would be inadequate, since Karnataka State Legal Services Authority has determined a sum of Rs.9,000/- as income for the accidents of year 2015.

7. As the claimant was aged 55 years, a multiplier of '11' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.1,78,200/- (Rs.9,000/ x 12 x 11 x 15%) towards 'loss of future income'.

8. The Tribunal has awarded a sum of Rs.25,000/ towards 'pain and suffering'. Having regard to the fact that the claimant had to undergo a surgical procedure, it would be appropriate to award a sum of Rs.50,000/- towards 'pain and suffering'.

9. The Tribunal has not awarded any sum towards 'loss of amenities'. Since, the claimant has suffered disability to the extent of 15%, it would be appropriate to award a sum of Rs.50,000/- towards 'loss of amenities'.

10. The Tribunal has awarded a sum of Rs.68,300/ towards 'medical expenses'. As this is being based on the documentary evidence, does not call for modification and hence confirmed.

11. The Tribunal has awarded a sum of Rs.5,000/ towards 'food nourishment, conveyance and attendant charges'. In my view, it would be appropriate to award a sum of Rs.15,000/- towards 'food nourishment, conveyance and attendant charges'.

12. The Tribunal has not awarded any sum towards 'loss of income during laid up period'. Having regard to the fact that the claimant had suffered a major fracture and also had to undergo a surgical procedure, it would be appropriate treat the laid up period as three months and award a sum of Rs.27,000/- (Rs.9,000/- x 3) towards 'loss of income during laid up period'.

13. Consequently the award of the Tribunal is modified and the claimant would be entitled to the following compensation:

Sl.<br>No.	Compensation under<br>different Heads	As awarded by<br>the Tribunal<br>(Rs.)	As awarded<br>by the<br>Tribunal (Rs.)
1.	Pain and suffering	Rs.25,000/-	Rs.50,000/-
2.	Medical expenses	Rs.68,300/-	Rs.68,300/-
3.	Food,<br>nourishment,<br>conveyance<br>and<br>attendant charges	Rs.5,000/-	Rs.15,000/-
4.	Future loss of income	Rs.1,18,800/-	Rs.1,78,200/-
5.	Loss of amenities	NIL	Rs.50,000/-
6.	Loss of income during<br>laid up period	NIL	Rs.27,000/-
	TOTAL	Rs.2,17,100/-	Rs.3,88,500/-

14. Thus, the claimant is held entitled to the total compensation of Rs.3,88,500/- as against Rs.2,17,100/-, along with interest at the rate of 6% per annum from the date of petition till its realization.

15. The Insurance Company is directed to deposit the amount of compensation awarded within two months from the date of receipt of a certified copy of this judgment.

The appeal is accordingly allowed in part.

Sd/- JUDGE

PGG