IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.5083 of 2013 (MV) BETWEEN:
RAMAKRISHNEGOWDA AGED ABOUT 44 YEARS, S/O LATE APPEGOWDA, R/O HULIHALLI VILLAGE, KATTAYA HOBLI, HASSAN TQ. AND DISTRICT – 573 201 (BY SRI.GIRISH B BALADARE, ADV.) AND:
1. THE MANAGER THE BAJAJ ALLIANZ INSURANCE CO. LTD., II FLOOR, LAKSHMI COMPLEX, OPP. BSNL BHAVANA, B.M ROAD, HASSAN-573201 2. MANJEGOWDA AGED ABOUT 45 YEARS, S/O KARIGOWDA, # 47, KURUBARAHALLI VILLAGE, M. HOSAHALLI POST, HASSAN TQ AND DISTRICT – 573 201 ... APPELLANT ... RESPONDENTS (BY SMT.H.R.RENUKA, ADV. FOR R-1;
NOTICE TO R2 IS DISPENSED WITH V/O DTD:16.04.2015) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.05.2012 PASSED IN MVC NO.1094/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-1, ADDITIONAL MACT, HASSAN, 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:
J U D G M E N T In the road traffic accident that took place on 21st April 2011, the claimant suffered injuries and hence he made claim petition before the Motor Accident Claims Tribunal at Hassan. The Tribunal, by its judgment and award dated 28th May 2012 passed in MC No.1094 of 2011 awarded compensation of Rs.3,61,000/-. Being not satisfied with the award amount, the appellant is before this Court in this appeal seeking enhancement in the compensation.
2. The learned counsel for the appellant submits that the compensation awarded is on the meager side. He submits that the compensation awarded under all the heads needs to be enhanced suitably.
3. The learned counsel for the first respondent supports the award and submits to dismiss the appeal.
4. Heard the learned counsel for the parties. The ground for consideration is with regard to income. The income is not proved by the claimant. When the income is not proved by producing documentary evidence, then the Courts shall take notional income. The Tribunal has assessed the notional income at Rs.4,500/- per month. The accident is of the year 2011. The claimant was aged 42 years at the time of accident. It is to be presumed that he had to take care of his widowed mother and other dependents. Hence, it is presumed that he might have earned at least Rs.6,500/- per month. Accordingly, the same is taken. Hence, the calculation would be Rs.6,500/- x 12 x 14 x 15% which comes to Rs.1,63,800/-. The same is awarded as against Rs.1,10,000/- awarded under the head loss of future income due to disability. Considering the pain and agony to be undergone by the appellant for the rest of his life, an amount of Rs.25,000/- is awarded under the head loss of amenities. Rs.19,500/- is awarded under the head loss of income during the laid up period. The enhanced income carries interest at the rate as is awarded by the Tribunal. Appeal is allowed in part.
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ACTING CHIEF JUSTICE lnn