The Divisional Manager Yadgir Depot Yadgir vs Pradhanappa Kokatnoor

Hon''ble Mr Justice D V Shylendra Kumar

This appeal by the North Eastern Karnataka Road Transport Corporation u/s 173(1) of the Motor Vehicles Act, 1988. Being aggrieved by the judgment and award dated 3rd November 2011 passed in MVC No. 1165 of 2009 on the file of Prl. Senior Civil Judge & MACT Gulbarga at Gulbarga quantifying a sum of Rs. 1,60,400/- as compensation payable to the respondent due to the injuries that the respondent suffered in an accident that took place involving a vehicle of the corporation and two wheeler which was ridden by the respondent.

The Tribunal has quantified compensation under different heads as under:

It is against this quantification, the present appeal.

There is a delay of 66 days in preferring this appeal and an application is filed u/s 5 of the limitation Act, seeking tor condonation of delay.

Though there is some explanation offered, as I do not finds much merit in the appeal, no purpose will be served in issuing notice to the respondent only on the application for condonation of delay and therefore application and appeal are disposed are as under:

Submission of Sri. Sudhirsingh R. Vijapur, learned counsel appearing for the appellant-corporation is that quantification of compensation under the head ''conveyance charges'' at Rs. 14,900/- and the ''loss of future earning capacity'' at a sum of Rs. 78,000/- is on the higher side.

The medical charges were actuals in terms of Exhibit P. 26 to P. 28 which are cash bills produced by the claimant and therefore there is no question of reduction under this head and there is no scope of reduction of this amount. Insofar as ''loss of future earning capacity'' is concerned, the injury to the respondent which was grievous in nature as respondent had sustained fracture on right forearm, left leg above the knee, tenderness of mid thrid tibia and nose and such injuries had also resulted in whole body disability of 10%. The Tribunal taking this extent of disability as a factor for computing ''loss of future earning capacity'' and the income of the respondent-injured being taken at sum of Rs. 5,000/-p.m. and having regard to the age of the claimant, has applied the correct multiplier of ''13'' and arrived at this amount of Rs. 78,000/-.

I do not find any error or illegality committed by the Tribunal in quantifying the amount under this head at Rs. 78,000/-.

It is therefore I find absolutely there is no merit in this appeal and accordingly application for condonation of delay and appeal both are dismissed. The amount in deposit before this Court is directed to be transmitted to the Tribunal forthwith and the Corporation to make good the balance amount, if any, along with interest within a period of six weeks from today.