Lakshmamma vs Prasannakumar. S. & Ors.

This appeal by the claimant seeking enhancement of compensation arising out of judgment and award dated 05.11.2022 in MVC No.393/2019 passed by the I Addl. District Judge and Addl. MACT-I, at Shivamogga^{11.Hereinafter referred to as 'Tribunal' for short}.

The parties are referred to as per their ranking before the tribunal.

Facts germane to file the present appeal are as under:

In an accident occurred on 11.12.2018 at about 7.30 a.m., the claimant, a sexagenarian, suffered grievous injuries resulting in 31% disability. The claimant has suffered comminuted distal femur fracture right side with tibia plateau fracture of right leg and she underwent ORIF with distal femur bicolumnar plating with ORIF with lateral condyle plate and screws on 27.12.2018. The claimant had undergone surgery for fixation of plating with ORIF and was admitted on 2 occasions for a total period of 42 days as inpatient. The doctor, who has been examined as PW2, has stated that the injuries has resulted in 31% disability to a particular limb.

The Tribunal though considered the income of the claimant as per the Chart prepared by the Karnataka State Legal Services Authority for the year 2018 at Rs.12,500/- per month and considered the disability at 10% being 1/3^rd of 31%, awarded appropriate compensation under the head 'loss of future income', however, while awarding the compensation under other heads except medical expenses, transportation and attendant charges, has awarded inadequate compensation. The claimant aggrieved by the inadequate compensation, is before this Court seeking enhancement.

Heard Sri.Sree Harsha A.K., learned counsel appearing for the appellant and Sri.S.V.Hegde Mulkhand, learned counsel appearing for the respondent No.3/insurer. Notice of this appeal on respondent Nos.1 and 2 is dispensed with vide order dated 21.06.2024.

Both the counsel argued against and supporting the judgment and award passed by the Tribunal in respect of quantum. The learned counsel for the appellant submits that the quantum of compensation awarded under the heads except the one stated above are inadequate and requires reconsideration. Whereas, the learned counsel for the insurer submits that the compensation awarded is just and proper and there is no chance of enhancement of compensation.

This Court after perusing the judgment and award passed by the Tribunal is of the opinion that the compensation awarded under the other heads, which are now sought to be enhanced, requires reconsideration, when compared to injuries and disability resulted. Accordingly, this Court proceeds to reassess the compensation as under:

Accordingly, the claimant is entitled for enhanced compensation of Rs.1,15,000/-, which shall carry interest @ 6% p.a. from the date of petition till realization.

For the reasons aforesaid, this Court proceeds to pass the following: