IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER 2017 BEFORE THE HON' BLE MR. JUSTICE L. NARAYANA SWAMY M.F.A.70/2016(MVC) BETWEEN:
Mr. Babajan @ Babu Jan, S/o. Shaik Masthan, Age: 41 years, Occ:Driver, R/o No.14, 5th Main, 2nd Cross, Someshwara Nagar, Yashawanthapura, Bengaluru – 560 022.
(By Smt. Sunitha. B.K., Advocate for Sri. Suresh M, advocate) AND:
1. Sri. Koneti Chinna Venkata Prasad, S/o. K. Tirupataiah, R/o 1-142, Belum (V), Kolimi Gundla (M) Karnool, Andra Pradesh – 518 123.
2. The Regional Manager, National Insurance Co. Ltd., Subbaram Complex, M.G.Road, Bengaluru – 560 001.
...Appellant ...Respondents (By Smt. Geetha Raj, Advocate for R2 v/o dtd. 16.06.2016) This MFA is filed under Section 173(1) of MV Act against the judgment and award dated 16.11.2015 passed in MVC No.6154/2013 on the file of XII Additional Small Causes Judge and Member, MACT, Bengaluru, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This MFA coming on for Preliminary Admission on this day, the Court delivered the following, J U D G M E N T This appeal is filed for enhancement of the compensation for having suffered motor vehicle accident on 26.06.2013. They made a claim in M.V.C. No.6154/2013, which was disposed of on 16th November 2015, in which the compensation was awarded at Rs.3,48,766/-. Aggrieved by the same, this appeal is filed seeking enhancement of compensation.
2. The enhancement of compensation is sought on the ground income assessed is on the lower side. The claimant was a driver and produced extract of the Driving License as Ex.P8, which discloses that he was earning Rs.11,000/- p.m. But the Tribunal has taken income of the claimant at Rs.7,000/- p.m.
3. When the driving license is produced, it is presumed that he was earning a sum of Rs.10,000/- p.m. Considering the period which he has suffered injury, a sum of Rs.10,000/- p.m. is to be taken into consideration. Hence, the claimant is entitled for Rs.2,70,000/- towards loss of future earning.
4. Under the head of amenities, conveyance, food and nourishment, attendant charges etc the Tribunal has awarded a sum of Rs.30,000/- which is to be enhanced by Rs.20,000/-, in total Rs.50,000/- is awarded towards the same.
5. Additionally, under the head of loss of future income the claimant is entitled for a sum of Rs.81,000/-. Totally, the claimant is entitled for enhancement of compensation of Rs.1,01,000/- in addition to the compensation awarded by the Tribunal. The enhanced amount of compensation carries interest at 6% p.a., from the date of petition till the date of realization.
Sd/- JUDGE VBS/BVK