K. Vasanth Madava Hande vs The Chairman Amanath Motor Owners Co-op. Society Ltd., ICICI Lombard General Insurance Company Ltd. and The Managing Director BMTC

S. Abdul Nazeer, J.—This appeal by the claimant is directed against the judgment and award in MVC No. 3126/2007 dated 25.11.2010 on the file of XII Additional Small Causes Judge, Member, MACT, Bangalore, whereby the Court below has awarded total compensation of Rs. 52,656/- with interest at 6% per annum from the date of petition till the date of deposit. Learned counsel for the appellant would contend that the claimant had sustained grievous injuries in the accident. He was earning more than Rs. 17,000/- per month. The Court below has not awarded appropriate compensation towards loss of income during laid up period. The award of compensation towards loss of amenities is also on the lower side.

On the other hand, learned counsel appearing for the 2nd respondent-insurance company has sought to justify the impugned judgment and award.

It is to be stated here that the Court below has directed the 3rd respondent to pay entire compensation. The 3rd respondent has filed an appeal before this Court in MFA No. 7380/2011 challenging its liability to pay the compensation. This Court by order dated 29.03.2012 has allowed the appeal and has fastened the liability on 2nd respondent insurance company herein. Thus, 2nd respondent has to pay compensation.

The certificate issued by the Competent Authority at Ex.P8 series would indicate that the claimant was earning a total sum of Rs. 17,000/- per month. The claimant was not in a position to do the work for a period of two months. The Court below has awarded a sum of Rs. 2,000/- towards loss of income during the laid up period. In my opinion, an additional sum of Rs. 20,000/- has to be awarded towards loss of income during laid up period. Having perused the materials on record, it is just and proper to award an additional sum of Rs. 5,000/- towards loss of amenities. The compensation awarded under all other heads is just and reasonable. Thus, the claimant is entitled for an additional compensation of Rs. 25,000/-. In the result, the appeal succeeds and it. is accordingly allowed in part. The 2nd respondent - insurance company is directed to deposit an additional compensation in a sum of Rs. 25,000/- with interest at 6% per annum from the date of petition till the date of deposit within a period of six weeks from the date of receipt of copy of this order. The claimant is permitted to withdraw the said amount on its deposit. No costs.