Mr. Vishwanath Poojary vs Mr. Annappa shetty and Others

Huluvadi G. Ramesh

This appeal is by the claimant, seeking enhancement of compensation, as against the award passed by the Fast Track Court and MACT, Kundapur in MVC No.433/2007. On 10.02.2007 around 3.30 p.m. the claimant being the inmate of Maruti car bearing No.KA19 M 8726, has sustained injuries in the accident occurred on N.H.17 near Jagannatha Shenoy''s Mill, Maravante, Kundapur taluk, due to the negligence of the driver of the said car. He was treated at Chinmayi Hospital, Kundapura. As per the medical evidence, claimant has sustained fracture of 5th and 6th ribs and other injuries on the forehead, face, ear and chest. As per CT scan, there is diffused cerebral edema and also avulsion of scalp from skull bone from left fronto parietal and temporal area. The Tribunal, on enquiry, has awarded a total compensation of Rs.1,13,000/- on the following heads:

Pain and agony

Rs. 35,000/-

Medical expenses, conveyance, special diet, nourishment and attendant charges

Rs. 20,000/-

Loss of income during treatment period

Rs 8,000/-

Future loss of income and future loss of earning capacity and loss of future amenities

Rs. 50,000/-

Being not satisfied, this appeal is filed.

Head

As per the evidence of the Doctor, claimant has sustained permanent physical disability of 10% to the whole body and accordingly, the Tribunal has awarded Rs.50,000/- on the head loss of future income due to disability. However, according to the learned counsel for the 2nd respondent-Insurer, claimant is a bank employee and there is no loss of future income after the accident and the compensation awarded on that head is illegal. Although, claimant has been suitably awarded on all the heads, the compensation awarded on the head loss of future earning for which the claimant is not entitled, would take care of the compensation on the remaining heads. However, claimant would be awarded another Rs. 10,000/- towards incidental expenses, over and above what has been awarded by the Tribunal, with 6% interest from the date of petition till deposit. Insurer to deposit the amount in three months.

Appeal is allowed in part.