IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR M.F.A.NO.5852 OF 2017(MV) BETWEEN MR.ASHOKA S/O.LAKSHMANA POOJARY AGED 39 YEARS R/AT H.NO.3-71, MEGINAL KAJE KINYA VILLAGE & POST KINYA, MANGALURU TALUK, D.K – 575 023.
…APPELLANT (BY SRI.RAVISHANKAR SHASTRY.G, ADVOCATE) AND KSRTC K.H.ROAD, BENGALURU DIVISION BENGALURU RERESENTED BY THE DIVISIONAL CONTROLLER MANGALURU DIVISION, MANGALURU D.K.- 575 001.
…RESPONDENT (BY SRI. K.NAGARAJA, ADVOCATE) THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 24.04.2017 PASSED IN MVC NO. 1195/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, & MACT, MANGALURU,D.K, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.
THIS APPEAL COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal has been filed by the appellant-claimant challenging the impugned judgment and award dated 24.04.2017 passed by the learned II Addl. Principal Senior Civil Judge & MACT, Mangaluru, D.K (for short ‘the Tribunal’) in M.V.C.No.1195/2015, awarding a sum of Rs.1,02,441/- together with interest at 6% p.a. from the date of petition till date of deposit towards the injuries sustained by the claimant-appellant in a road traffic accident that occurred on 29.06.2015.
2. Though the matter is listed for admission, with the consent of learned counsel for the parties, the matter is taken up for final disposal.
3. Both the counsels submit that the occurrence of accident as well as the coverage of the policy of the offending vehicle by the Insurance company are not in dispute and this appeal is restricted to quantum of compensation awarded by the Tribunal.
4. Learned counsel for the appellant submits that the Tribunal committed an error in failing to consider and appreciate the unimpeached evidence of the doctor-P.W.2 and claimant-P.W.1, the medical records and other evidence which would indicate that the appellant incurred permanent disability to an extent of 5% to the entire body. It was also contended that the accident having occurred in the year 2015, the notional income of the appellant ought to have been taken as Rs.9,000/- and the Tribunal committed an error in not awarding any compensation under the head loss of future income. It was also contended that proportionate to taking the notional income as Rs.9,000/- p.m., the appellant would be entitled to additional compensation under the head ‘loss of income during laid up period.’ 5. Learned counsel for the appellant submits that having regard to the serious nature of injuries sustained by the appellant as found by the Tribunal, while answering Issue No.2 held that as he sustained fracture of left clavicle bone as well as other injuries which required hospitalization and treatment for nine days.
6. Per contra, the learned counsel for the 2nd respondent-Insurance company would support the impugned judgment and award passed by the Tribunal.
7. I have given my careful consideration to the rival submissions and perused the material on record.
8. As rightly contended by the learned counsel for the appellant, having regard to the unimpeached and uncontroverted evidence on record, the appellant incurred permanent disability to an extent of 5% to the entire body. Accordingly, the appellant would be entitled to a sum of Rs.81,000/- (Rs.9,000/- x 12 x 15 x 5/100) towards loss of future income by taking the notional income as Rs.9,000/- p.m., as per Lok Adalath guidelines.
9. Upon coming to the conclusion that the notional income has to be taken as Rs.9,000/- p.m., the appellant would be entitled to an additional sum of Rs.9,000/- under the head loss of income during laid up period. Thus, the appellant would be entitled to additional compensation of Rs.90,000/- with interest at the rate of 6% p.a., from the date of petition till realization.
10. Accordingly, I pass the following order:-
(i) The appeal is partly allowed.
(ii) The impugned judgment and award dated 24.04.2017 passed by the learned II Addl. Principal Senior Civil Judge & MACT, Mangaluru, D.K in M.V.C.No.1195/2015 is modified by awarding additional compensation of Rs.90,000/- which shall carry interest at 6% p.a. from the date of petition till realization.
(iii) The apportionment and disbursement of the amount is to be done as indicated in the impugned judgment and award.
Sd/- JUDGE bnv