IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE MFA NO.3071 OF 2010 (MV) BETWEEN:
YASHODAMMA AGED ABOUT 24 YEARS D/O DHARMAPPA BHANUVALLI VILLAGE HARIHARA TALUK DAVANAGERE DISTRICT.
... APPELLANT (BY SRI M. VINAYA KEERTHY, ADVOCATE) AND:
1. A.R. NARAYANA SWAMY AGED ABOUT 27 YEARS S/O A. RUDRAPPA (DRIVER OF AUTORICKSHAW BEARING NO.KA-17/A-6712) BHANUVALLI VILLAGE HARIHARA TALUK DAVANAGERE DISTRICT.
2. D.B. PRAKASH AGED ABOUT 30 YEARS S/O BHEEMAPPA DOLLAPUR (OWNER OF AUTORICHSHAW BEARING NO.KA-17/A-6712) BHANUVALLI VILLAGE HARIHARA TALUK, DAVANAGERE DISTRICT.
3. THE BRANCH MANAGER IFFCO-TOKYO GENERAL INSURANCE CO. LTD. NO.127-A, III FLOOR, BHAVANI ARCADE NEAR OLD BUS STAND OPP: BASAVANNA STATUE NEW COTTON MARKER HUBBALLI – 580 029.
... RESPONDENTS (BY SRI E.I. SANMATHI, ADVOCATE FOR R3 R2-SERVED NOTICE TO R1 D/W V/C/O DTD:17.06.2015) ---
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.02.2010 PASSED IN MVC.NO.656/2008 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AND MACT, HARIHAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Heard learned counsel for the parties.
2. For the injuries suffered in an RTA on 19.06.2008, on the basis of the claim petition, the Tribunal awarded Rs.1,26,200/-.
3. The grounds taken for enhancement of compensation is that the income of the claimant should have been taken at Rs.4,500/- as against Rs.3,000/- and the compensation awarded under the heads loss of amenities, loss of income during laid up period and attendant charges are on the lower side.
4. Learned counsel for the respondent supports the order of the Tribunal.
5. I have gone through the papers made available. In the facts and circumstances, I intend to enhance the compensation under the head loss of amenities another Rs.10,000/- is awarded. Towards loss of income during laid up period another Rs.10,000/- is awarded; towards medical attendant charges etc,. another Rs.5,000/- is awarded and taking the income of the appellant at Rs.4,500/-, loss of future income would come to Rs.97,200/- (4500x12x10%x18). The compensation awarded under the head pain and sufferings, medical expenses and loss of expectation of life remain undisturbed. In all, the compensation is enhanced to Rs.1,83,600/- as against Rs.1,26,200/- awarded by the Tribunal.
Accordingly, the appeal is allowed in part. The judgment and award of the Tribunal is modified. The amount of compensation is enhanced from Rs.1,26,200/- to Rs.1,83,600/-, which shall carry interest @ 6% p.a.
The amount in deposit, if any, is directed to be transmitted to the MACT.
Sd/-
ACTING CHIEF JUSTICE ca