IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR M.F.A.NO.806 OF 2017 (MV) BETWEEN Chandru @ Chandregowda S/o Sidlegowda @ Siddegowda Now aged about 30 years R/at Bommanahalli Village Dudda Hobli, Hassan Taluk Pin – 573 201. … Appellant (By Sri. Raghu R., Advocate) AND 1. Suresh B.S. S/o Siddegowda Major R/at Boranahallikoppalu Village Annayakanahalli Post Arasikere Taluk Hassan District – 573 201.
2. The Regional Manager Iffco Tokio Gen. Insurance Co. Ltd., Sri Shanthi Towers East of NGEF Layout Kasthoori Nagara Bengaluru – 560 043.
3. B.N.Prakash S/o Siddegowda Major R/at Bommanahalli Village Dudda Hobli Hassan Taluk – 573 201.
4. The Manager National Insurance Co. Ltd.
1st Floor, Manjunatha Complex Old Bus Stand Road Kasthoori Nagara Hassan – 573 201. … Respondents (By Sri. E.I Sanmathi, Advocate for R2;
Sri. K. Kishore Kumar Reddy, Advocate for R4; Notice to R1 and R3 is d/w v/o dtd: 09.03.2018) This appeal is filed under Section 173(1) of MV Act, against the judgment and award dated: 08.01.2016 passed in MVC No.957/2012 on the file of the Principal District Judge, Member, MACT-I, Hassan, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This appeal coming on for Admission, this day, the Court delivered the following:
J U D G M E N T This appeal has been filed by the appellant/claimant challenging the impugned judgment and award dated 08.01.2016 passed by the Court of the Principal District Judge and M.A.C.T.-I, Hassan (for short ‘the Tribunal’), in M.V.C.No.957/2012, awarding a sum of Rs.1,75,360/- together with interest at 6% p.a.
from the date of petition till the date of realization towards the injuries sustained by the appellant- claimant in a road accident that occurred on 04.10.2011.
2. Though the matter is listed for admission, with the consent of learned counsel for both the parties, the matter is taken up for final disposal.
3. Both the counsels submit that the occurrence of accident and the liability 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. The Tribunal has awarded a total compensation of Rs.1,75,360/- in favour of the appellant which is as hereunder:
(in Rs.) Particulars Amount
5. The learned counsel for the appellant submitted that the Tribunal has committed an error in coming to the conclusion that the notional income of the appellant ought to be taken as Rs.5,500/- per month. In this context, leaned counsel for the appellant invites my attention to lok-adalath guidelines, wherein, in the absence of proof of income, the notional income in respect of the accident that occurred in the year 2011 should be taken at Rs.6,500/-. Learned counsel also contended that a sum of Rs.30,000/- awarded towards ‘pain and suffering’ is inadequate and meager. Learned counsel also contended that proportionate to holding that notional income was Rs.6,500/- per month, ‘loss of income during laid up period’ should also to be enhanced. Having regard to the nature of gravity and injuries, laid up period ought to be taken for three months instead of two months, which was taken by the Tribunal. It was also contended that a sum of Rs.10,000/- awarded under the head of ‘loss of amenities’ is inadequate since the appellant has sustained grievous injuries and the same deserves to be enhanced. Lastly, it was contended that the Tribunal committed error in not awarding any compensation under the head ‘future medical expenses’. Under these circumstances, he requests for modification of the impugned judgment and award passed by Tribunal.
6. Per contra, learned counsel appearing on behalf of respondents would support the impugned judgment and award passed by the Tribunal and sought for dismissal of the appeal.
7. I have given careful consideration to the rival submissions and perused the material on record.
8. As rightly contended by the learned counsel for the appellant, the Tribunal has committed error in taking the notional income of the appellant Rs.5,500/- as against Rs.6,500/- as per the lok-adalath guidelines. In view of the undisputed fact that the accident occurred in the year 2011, it is just and proper to assess the notional income of the appellant at Rs.6,500/-. In the circumstances, I am of the considered opinion that the appellant would be entitled for an additional compensation of Rs.15,120/- under the head of ‘loss of future earnings’. Insofar as the compensation awarded under the head of ‘pain and suffering’, I am of the opinion that having regard to grievous nature of injuries suffered by the appellant, he would be entitled to an additional compensation of Rs.10,000/- under this head. Similarly, a sum of Rs.10,000/- awarded under the head of ‘loss of amenities’ etc is also highly inadequate and meager and the same requires to be enhanced by an additional sum of Rs.20,000/-.
9. In view of the findings of this Court that the notional income of the appellant is to be taken at Rs.6,500/- per month, the proportionate ‘loss of income during laid up period’ of three months comes to additional sum of Rs.8,500/- to which the appellant would be entitled.
10. The Tribunal has awarded only a sum of Rs.12,000/- towards ‘Conveyance, nourishment, Diet and attendant charges’. As stated above having regard to the nature of gravity of injuries suffered by the appellant, I am of the opinion that an additional sum of Rs.8,000/- ought to be awarded in favour of the appellant.
11. Lastly, in view of the undisputed fact that the Tribunal did not awarded any compensation under the head of ‘future medical expenses’, I am of the opinion that a sum of Rs.20,000/- should be awarded under this head. It is further made clear that sum of Rs.20,000/- awarded under this head shall not carry any interest. In view of the aforesaid facts and circumstances, I am of the opinion that the appellant would be entitled for a sum of Rs.81,620/- by way of additional enhanced compensation, as stated herein;
(in Rs.) Particulars Amount Loss of future earnings 15,120/-
Pain and suffering 10,000/-
Loss of amenities etc 20,000/-
12. In view of the aforesaid discussion, I pass the following;
(i) The appeal is partly allowed.
(ii) The impugned judgment and award dated 08.01.2016 passed by the Court of the Principal District Judge and M.A.C.T.-I, Hassan in M.V.C.No.957/2012, awarding a sum of Rs.1,75,360/- is hereby modified.
(iii) The appellant-claimant is entitled to enhanced compensation of Rs.81,620/-. It is further ordered that out of the aforesaid amount of Rs.81,620/-, a sum of Rs.61,620/- shall carry interest @ 6% per annum from the date of petition till realization.
(iv) The apportionment and disbursement to be done as per the impugned judgment and award passed by the Tribunal.
No costs.
NR/-
Sd/- JUDGE