Shambu Bheemashankar S/O Late Shambu Venkataswamy vs. K. Narasimhalu S/O K Muniyappa And Ors

Heard the arguments of both sides.

This appeal is filed by the claimant against the judgment and award dated 31.07.2021 passed by the Principal District and Sessions Judge and M.A.C.T., HC-KAR NC: 2025:KHC-K:6572 Raichur, [for short ‘Tribunal’] in MVC No.26/2020 seeking enhancement of compensation.

The injured claimant aged 53 years, met with an accident on 01.09.2019 and sustained grievous injuries. Hence, he filed a claim petition before the Tribunal seeking compensation of Rs.29,70,000/-. The Tribunal after considering the entire evidence on record, awarded the compensation of Rs.3,34,000/- with interest at 6% per annum from the date of petition till realization and directed respondent No.3-Insurance Company to pay the compensation. Aggrieved by the said award, the appellant-claimant has preferred this appeal.

Learned counsel for the claimant mainly contending that the compensation awarded by the Tribunal under all heads is meagre. It is contended that the claimant had sustained fracture of left clavicle crush injuries to right great toe and it was amputated and also sustained head injury and he spent Rs.3,00,000/- for medical expenses, but Tribunal has awarded only HC-KAR NC: 2025:KHC-K:6572 Rs.80,000/- which is on the lower side. It is also contended that, the claimant was Proprietor of M/s. Shambu Venkataswamy with GST number and earning Rs.3,44,992/- per annum. In support of his case, he produced IT returns to show that he was getting income of Rs.3,44,992/-, but the Tribunal erred in not considering the same and thus, requested for enhancing the compensation in his favour.

It is submitted by the learned counsel for respondent No.3 – Insurance Company that the compensation awarded by the Tribunal is just and proper and needs no interference.

The appellant states that he was doing business and earning Rs.5,00,000/- per annum. In support of his contention, he produced Ex.P12 – IT returns for the year 2018-2019, in which his income is shown as Rs.3,34,000/-. Based on the said document, the Tribunal taken his income as Rs.20,000/- per month and this Court finds no reason to interfere with the said order. HC-KAR NC: 2025:KHC-K:6572

As per Ex.P3 – Wound Certificate the injuries sustained by the claimant are grievous in nature. PW2 - Doctor, issued Ex.P9 – Disability Certificate assessing 20% disability to the whole body on account of amputation of greater toe, but the Tribunal observed that amputation of greater toe will not affect his income and not awarded any compensation for loss of future earning capacity. But, this Court finds it just and reasonable to take 20% disability as assessed by the Doctor. Accordingly, the claimant is entitled for loss of future earning capacity as under: Rs.20,000/- x 12 x 11 x 20% = Rs.5,28,000/-

The claimant was admitted in the hospital from 01.09.2019 to 05.09.2019 and subsequently from 09.09.2019 to 12.09.2019 as per Discharge Cards marked as Exs.P7 and P8. Therefore, considering the period of hospitalization, nature of injuries and other relevant factors, this Court finds it reasonable to award an amount of Rs.1,00,000/- for pain and suffering, Rs.80,000/- for loss of amenities and Rs.30,000/- for transportation, extra HC-KAR NC: 2025:KHC-K:6572 nourishment and attendant charges. However, the compensation of Rs.89,000/- for medical expenses and Rs.80,000/- for loss of income during laid up period awarded by the Tribunal needs no interference.

The compensation awarded by the Tribunal is modified as under: Sl. No. Heads Award by the Tribunal Award by this Court 1 Pain and suffering Rs.80,000/- Rs.1,00,000/- 2 Medical Expenses Rs.89,000/- Rs.89,000/- 3 Loss of future earning capacity -- Rs.5,28,000/- 4 Transportation, extra nourishment and attendant charges Rs.15,000/- Rs.30,000/- 5 Loss of amenities Rs.70,000/- Rs.80,000/- 6 Loss of income during laid up Rs.80,000/- Rs.80,000/- HC-KAR NC: 2025:KHC-K:6572 period Total Rs.3,34,000/- Rs.9,07,000/- There will be enhancement of Rs.5,73,000/-

Respondent No.3 – Insurance Company has already deposited the compensation amount awarded by the Tribunal.

In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The claimant is entitled for the enhanced compensation of Rs.5,73,000/- with interest at 6% per annum from the date of petition till the date of realization. (iii) Respondent No.3 – Insurance Company is directed to deposit the aforesaid compensation amount along with interest within one month from the date of this judgment. HC-KAR NC: 2025:KHC-K:6572 (iv) On such deposit, the claimant is permitted to withdraw the entire amount along with interest accrued on it.