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High CourtsSingle Bench(2011) 11 KAR CK 0347

Sri Nanjundegowda vs C.N. Rangegowda and The National Insurance Company Ltd Hassan Branch Manjunatha Complex Bus Stand Road, Hassan

Karnataka High Court · Decided on 8 November 2011

HON’BLE JUDGES
Huluvadi G. Ramesh, J
RESULT
Allowed
CASE NUMBER
MFA No. 7676 of 2011 (MV)
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Judgment

8 paragraphs · 341 words

Huluvadi G. Ramesh

1.

This appeal is by the claimant seeking enhancement of compensation as against the award passed by the Civil judge (Sr.Dvn.) and A.M.A.C.T., Belur in MVC No. 183/2008 on 2.1.2010.

2.

The claimant has sustained injuries in the motor vehicle accident that occurred on 9.1.2007. On account of fracture to the left hand, he suffered disability and he was not able to do agricultural work as was done earlier. Hence, he filed a claim petition before the Tribunal seeking compensation. The Tribunal having held that she accident was caused due to the negligence on the part of the rider of the motor cycle, has fastened liability on the insurer to pay the compensation of Rs. 99,300/- with interest at 6% p.a.. Being, aggrieved, the claimant is before this Court.

3.

Heard.

4.

The argument of the learned counsel for the insurer is, the whole body disability assessed by the Tribunal at 15% is on the higher side and it should have been taken at 8% to 9%. Accordingly, he has sought for reduction of the same.

5.

Having regard to the nature of injuries sustained, the claimant was in patient for nearly one month. The compensation awarded towards pain and suffering and loss of amenities is on the tower side. Hence, another sum of Rs. 10,000/- towards pain and suffering and Rs. 10,000/- is awarded towards loss of amenities. It appears, the amount Rs. 2,000/- awarded towards diet, conveyance and incidental charges is also on the lower side. Since sufficient compensation has been ewarded on the head toss of future income i.e., Rs. 46,800/-, that would compensate the amount towards diet, conveyance and incidental charges, Instead of taking multiplier 14, 13 is taken by the Tribunal That would substitute the higher percentage of disability assessed. Thus, the claimant: is entitled to Rs. 20,000/- over end above the compensation awarded by the Tribunal with 6% interest from the date of petition till deposit

Respondent No. 2 insurer to deposit the amount, within three months.

Appeal is allowed in part.