IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.586/2016 (MV) BETWEEN:
CHANDRA S/O SHIVANNA, AGED 23 YEARS, R/O LOKANAYAKANAGARA, MYSORE – 570 015. ... APPELLANT (BY SRI.SREENIVASAN M Y, ADV.) AND:
1. NAGANNAGOWDA S/O KUMARAGOWDA, MAJOR, R/AT L B COLONY, SUNDURU, BALLARY – 583 101.
2. IPCO TOKIO GENERAL INS CO LTD., R/P BY BRANCH MANAGER, NO.846, NEAR KRISHNA BANK, AKSHAYA BHANDARA, NEW KANTHRAJ URS ROAD, MYSORE – 570 018.
3. ADIL PASHA MAJOR, R/AT 857, 3RD MAIN, 10TH A CROSS, K N EXTENSION, YASHAVANTHAPURA, BANGALORE – 560 016.
4. THE MANAGER ROYAL SUNDARAM ALLIANZ INS. CO. LTD., III FLOOR, REKHA TOWER, RAMAVILAS ROAD, MYSORE – 570 020. ... RESPONDENTS (BY SRI.D S SRIDHAR, ADV. FOR R2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22.09.2015 PASSED IN MVC NO.871/2012 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T For the injuries suffered in the road traffic accident, the claimant made claim petition before the Motor Accident Claims Tribunal, Srirangapatna. The Tribunal, by its award dated 22nd September 2015 passed in MVC No.871 of 2012 awarded the compensation of Rs.2,17,360/-. The Claimant is before this court in this appeal seeking enhancement in the compensation.
2. The learned counsel appearing for the claimant submits that though the Doctor has assessed the disability at 45% and the Tribunal has taken it at 13%. The second ground is that though the claimant has claimed income at Rs.8,000/- per month, the Tribunal has assessed it at Rs.4,000/- per month which is on the lower side. Hence, the learned counsel seeks to enhance the compensation suitably.
3. The learned counsel for the respondent-Insurance Company submits to dismiss the appeal. He submits that what has been awarded by the Tribunal is just and proper and not interference is called for by this Court in this appeal.
4. Heard the learned counsel for the parties. The claimant, admittedly, has not proved the income. Under the circumstance, considering the year of accident, number of dependents, occupation of the injured, cost of living, notional income has to be arrived at. With relevance to the accident of 2012, this court normally assess the income at Rs.7,000/- per month. Accordingly, the same is taken. Hence, the calculation would be Rs.7,000/- x 12 x 13% x 18 comes to Rs.1,96,560/-. The same is awarded under the head loss of income due to permanent disability as against Rs.1,20,960/- awarded by the Tribunal. Compensation awarded under other heads remain undisturbed. It is made clear that the enhanced amount carries interest at the rate as is awarded by the Tribunal.
Appeal is allowed in part.
lnn Sd/- JUDGE