IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD Dated this the 28 day of November 2011 Before THE HON’BLE MR.JUSTICE H.NNAGAMOHAN DAS Miscellaneous First Appeal No.24046/2009(MV) BETWEEN: SRI CHANNAVEERAYYA S/O BASAVANNAYYA KULKARNI, AGE 24 YEARS, 0CC: DOCTOR B S A M NOW NIL, R/O CHIKKOPPA, TAL: SAUNDATTI 591126 DIST: BELGAUM. Appellant (By Sri MADANMOHAN M.KHANNUR, Advocate) AND: 1. SP BASAVANNEYYA 5/0 CHANNAVEERAYYA KULKARNI AGE: MAJOR (CORRECT AGE NOT KNOWN) 0CC: R.M.P.DOCTOR, RIO CHIKKOPPA, TAL:SAUNDATTI-591 126 DIST: BELGALM. ‘I :2: 2. THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LTD. SHANABAG CHAMBER, KIRLOSKAR ROAD, BELGAUM, AT: BELGAUM-580016. 3. SRI IRANNA @ VEERBHADRAPPA 5/0 BASALINGAPPA KARABASANNAVAR, R/O HOSUR, TQ SOUNDATfl-591 126. DIST: BELGAUM. ..Respondents (By Sri P.H.PAWAR, ADVOCATE FOR R2 RI AND R3 SERVED) This miscellaneous first appeal is flied under Section 173(1) of the Motor Vehicles Act against the judgment and award dated 17-11-2009 passed in MVC No.1113/2007 on the file of the Addl.MAa,Bailhoal seeking enhancement of compensation. This appeal coming on for admission. this thy, the court delivered the following: JUDGMENT This appeal is directed against the judgment and award dated 17.11.2009 in MVC No.1113/2007 passed by the Motor Accident Claims Tribunal, Bailhongal. 3 2. The only grievance of the appellant is that the Tribunal committed an illegality in awarding less compensation under the head loss of future earning capacity. On the date of accident the appellant was aged about 24 years and the multiplier is 18. Further the appellant was working as Lab Technician and in support of this, he has produced Ex.Pll, markscard, Ex.P12, another marks card and Ex.P13, salary certificate. This evidence on record discloses that appellant is a skilled labourer. A minimum of Rs.4500/- is to be taken as monthly income. In the accident the appellant sustained injuries and fracture. The medical evidence on record discloses that the appellant sustained physical disability of 25%. Having regard to the nature of work, age and physical disability, the functional disability is to be taken at 5%. In the circumstances. under the head loss of future earning capacity. the appellant is entitled fOr a sum of Rs.48.6OO/ as pr II schedule to the M.V.Act. Further the compensation awarded under the head loss of income during laid up period, amenities in life, food, nourishment and attendant charges is on lower side. Hence, the appellant is entitled for another Rs.lOOOO/-under all these heads. In all the appellant is entitled for Rs58,6OO/ as additional compensation and to this extent the award requires modification. For the reasons stated above, the following: ORDER i) Appeal is partly allowed. ii) The impugned judgment and award in MVC,Nolll3/2OO7 dated 17.1L2009 is hereby modified enhancing the total compensation from Rs,33,510/- to Rs.2,llO/-, iii) Remaining all other aspects the impugned award remains intact and undisturbed. Sd/ TT Thf’t j L)Li’.L Dkb