IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE M.F.A. No.2224/2012 [MV] BETWEEN:
SMT. ADIYAMMA, AGED ABOUT 43 YEARS, W/O NARASIMHAPPA, 12TH WARD, AMBEDKARANAGARA, BAGEPALLI TOWN, CHIKKABALLAPURA, PRESENTLY R/A C/O NARAYANASWAMY, NO.800, 2ND MAIN ROAD, ASHOKANAGAR, TUMKUR ROAD, BENGALURU.
... APPELLANT (BY SRI.H.B.SOMAPUR, ADVOCATE) AND:
1. M/S. IFFCO TOKIO GENERAL INSURANCE CO. LTD., BY ITS MANAGER, NO.2. 1ST FLOOR, SNR ARCADE, AYYAPPA TEMPLE ROAD, JALAHALLI CROSS, PEENYA, BANGALORE – 560 057.
2. SRI.VENKATESHAPPA, S/O NARASIMHAPPA, R/A NO.421, PULASANIVADDI, GUDIBANDE TALUK, CHIKKABALLAPURA DISTRICT.
... RESPONDENTS (BY SRI. B.PRADEEP, ADVOCATE FOR R1; NOTICE TO R1 D/W V/C/O DTD.19.06.2015) ---
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN MVC NO.1681/2009 ON THE FILE OF II ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Heard learned counsel for the parties.
2. For the injuries suffered in a road traffic accident on 25.01.2009, on the basis of the claim petition, the Tribunal awarded Rs.2,38,500/-.
3. The grounds taken for enhancement of compensation is that the income of the claimant should have been taken at Rs.6,000/-p.m. as against 3,500/-
p.m. and disability at 60% as against 15%, the compensation awarded under the heads conveyance, nourishment and attendant charges, pain and sufferings, loss of earning during laid up period, loss of amenities and future medical treatment as per the doctor it is required to remove the rod which was inserted are on the lower side,.
4. The learned counsel for the respondent submits to dismiss the appeal, since the compensation awarded by the tribunal is just and proper and does not call for any enhancement.
5. The income assessed for the purpose of awarding compensation is at Rs.3,500/-. The claimant has stated that she was earning Rs.6,000/- p.m. whereas the same has been disputed as there is no material placed before the Tribunal to prove the her income or avocation.
6. This Court is consistently taking the income on the basis of the year of accident price index, life style and cost of living etc., The year of accident being 2009, I propose to take the income of the injured at Rs. 5,000/-p.m. in place of Rs.3,500/-. Hence the calculation has to be done as follows: Rs.5,000 X 12 X 15 X 20/100= Rs.1,80,000/-.The same is awarded under the head loss of future earning. Consequently compensation under the head of loss of earning during the laid up is enhanced by Rs.16,000/- which comes to Rs.30,000/-; another Rs.10,000/- is awarded towards pain and sufferings which comes to Rs.70,000/- another Rs.20,000/- is awarded towards loss of amenities of life which comes to Rs.60,000/- Compensation awarded under the head food, nourishment, convenyance and attendant charges and medical expenses remains unaltered ; compensation awarded under the head future medical treatment is enhanced by another Rs.10,000/- as against Rs.12,000/- which comes to Rs.22,000/- and this amount does not carry interest. In all Rs. 3,80.000/- as against Rs. 2,38,500/- awarded by the tribunal Accordingly, the appeal is allowed in part. The judgment and award of the Tribunal is modified. The amount of enhanced compensation amount is Rs.1,42,500/- which shall carry interest @ 6% p.a. except the amount awarded on future medical treatment The amount in deposit, if any, is directed to be transmitted to the MACT.
Sd/-
ACTING CHIEF JUSTICE HR