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.6866/2016 (MV) BETWEEN:
H V SHIVARAMU S/O VEERACHAR, AGED ABOUT 47 YEARS, R/O HOSAHANDAVADI VILLAGE, BELAGOLA HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT – 571 438 ... APPELLANT (BY SRI.SREENIVASAN M Y, ADV.) AND:
1. UMESH H C S/O CHIKKEGOWDA, MAJOR, R/O NEAR WATER TANK, HAROHALLY VILLAGE, PANDAVAPURA TALUK MANDYA DISTRICT – 571 436 2. THE BRANCH MANAGER IFFCO TOKIO GENERAL INS. CO. LTD., NO.846, NEW KANTHARAJ ROAD, ABOVE KRISHNA BAKERY, NEAR AKSHYA BHANDAR, KUVEMPU NAGARA, MYSORE – 570 005 ... RESPONDENTS (BY SRI.D S SRIDHAR, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:18.06.2016 PASSED IN MVC NO.1503/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, 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 In the road traffic accident that took place on 28th September 2014 at about 11.30 a.m. near Aralikatte circle, K.R. Sagara Town, Srirangapatna Taluk, the petitioner suffered injuries and he made a claim petition before Motor Accident Claims Tribunal, Srirangapatna seeking compensation for the injuries suffered. The Tribunal, by its award dated 18th June 2016 passed in MVC No.1503 of 2014 awarded compensation of Rs.3,10,000/-. Being not satisfied with the compensation awarded, the claimant is before this court in this appeal.
2. Heard the learned counsel for the appellant and gone through the judgment and award of the Tribunal. The Claimant stating that he was carpenter by profession and was earning Rs.30,000/- per month. In the absence of producing any proof to that extent, the Tribunal has taken the income of the claimant at Rs.6,000/- per month. In the cases of this nature, where income proof is not produced, the notional income has to be assessed taking into consideration various aspects like place of residence, occupation, number of dependents, cost of living, price index, etc. In the present case the accident is of the year 2014. Normally, for the accidents of the year 2014, this Court as also in Lok Adalat, the notional income of Rs.9,000/- is taken. Accordingly, the same is assessed in this case also. Hence, the calculation under the head loss of future income comes to Rs.9,000/- x 12 x 14 x 15% which comes to Rs.2,26,800/-. The same is awarded in addition to the amount of Rs.1,52,000/- awarded by the Tribunal.
3. Taking the income at Rs.9,000/- per month, the loss of income during the laid up period comes to Rs.27,000/-. The same is awarded in lieu of Rs.18,000/- awarded by the Tribunal.
4. In total, the enhanced compensation would be Rs.83,800/-. The enhanced compensation carries interest at the rate as is awarded by the Tribunal. In the result, appeal is allowed in part.
lnn Sd/- JUDGE