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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF JANUARY, 2021

PRESENT

THE HON'BLE MRS. JUSTICE S. SUJATHA

AND

THE HON'BLE MR. JUSTICE M.I.ARUN

MFA NO.572 OF 2018 (MV)

BETWEEN:

SRI. T. LOKESHA

S/O THIMMAIAH @

SANNATHIMMAIAH

AGED ABOUT 29 YEARS

OCCUPATION COOLIE WORK

R/O HALE DYAMAVVANAHALLI

VILLAGE, CHITRADURGA TALUK

CHITRADURGA DISTRICT – 577 501

... APPELLANT

(BY SRI. H. ASHOK KUMAR, ADVOCATE)

AND:

1.

B. SIDDAPPA

S/O BYRAPPA

AGED ABOUT 47 YEARS

OCCUPATION OWNER

OF TRACTOR AND TRAILER

BEARING REGISTRATION

NO.KA-16/TA-7152-7153

R/AT HOSAKALLAHALLI VILLAGE

CHITRADURGA TALUK

CHITRADURGA DISTRICT – 577 501

2.

THE BRANCH MANAGER

THE IFFCO TOKIO GENERAL

INSURANCE CO. LTD.

PCA AND RD BANK NO.7/432

2

K. B. EXTENSION, LAWYER ROAD

DAVANAGERE, DAVANAGERE

DISTRICT – 577 301

... RESPONDENTS

(BY SRI. B. PRADEEP, ADV. FOR R2;

NOTICE TO R1 DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF THE

MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD

DATED 24.05.2017 PASSED IN MVC NO.1168/2016 ON THE

FILE

OF

THE

PRL.SENIOR

CIVIL

JUDGE

AND

CJM,

CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR

COMPENSATION

AND

SEEKING

ENHANCEMENT

OF

COMPENSATION

THIS MFA COMING ON FOR ORDERS, THIS DAY,

M.I.ARUN J., DELIVERED THE FOLLOWING:

JUDGMENT

Aggrieved by the judgment and award dated 24.05.2017

passed in MVC No.1168/2016 by the Principal Senior Civil

Judge, CJM and Additional Motor Accident Claims Tribunal,

Chitradurga (for short ‘the Tribunal’), the petitioner therein

has preferred this appeal.

2.

For the sake of convenience, the parties are referred to

as per their ranking before the Tribunal.

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3.

The brief facts of the case are that the petitioner and few

other labourers were under the employment of respondent

no.1, who is owner of the tractor and trailer bearing

registration No.KA-16-TA-7152-7153. As per his instructions

they loaded the tractor with green manure and were traveling

in the same to Halekallahalli to unload the same at the land of

respondent no.1. At that time, near Dandina Kurubarahatti

gate, Chitradurga Taluk, the driver of the said tractor trailer

drove it in a rash and negligent manner because of which it

toppled and the petitioner along with others sustained injuries.

Respondent no.2 is the Insurance Company with whom the

offending tractor trailer is insured.

4.

Due to the accident, the petitioner had sustained

swelling and tenderness over left shoulder, cut lacerated

wound 2 X 1 left humerus and swelling and tenderness at left

wrist. The X-ray of left shoulder with humerus shown mal-

united fracture of surgical neck of left humerus and fracture of

distal end of left radius. The petitioner was aged 30 years at

the time of the accident. The Doctor-PW.5 has stated that the

petitioner has sustained 33% permanent disability in respect

of left upper limb. Based on the said deposition, the Tribunal

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has come to the conclusion that 1/3^rd of the said disability has

to be taken to consider the entire bodily disability. On the

said ground, it has taken 10% as permanent disability to the

entire body. Further, the Tribunal, in the absence of actual

proof of income has taken Rs.6,000/- per month as the

notional income for calculating loss of future income due to

permanent

disability.

It

has

awarded

the

following

compensation under different heads:

Sl.No.

Particulars

Amount in

Rs.

1.

Towards pain and sufferings

30,000/-

2.

Conveyance, Food Nourishment,

Attendant charges and Medical expenses

6,000/-

3.

Towards medical expenses

49,092/-

4.

Towards loss of future income due to

permanent disability

1,22,400/-

5.

Loss of amenities and unhappiness

20,000/-

6.

Towards future medical expenses

10,000/-

7.

Towards loss of income during