IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR M.F.A.NO.5279 OF 2018(MV) BETWEEN HANUMEGOWDA A. H. S/O HANUMEGOWDA AGED ABOUT 48 YEARS NO. 128-2, ANKANAHALLI MALAVALLI TALUK MANDYA DISTRICT - 571 430 ...APPELLANT (BY SRI MAHADEVA SWAMY P, ADVOCATE) AND:
1. THE MANAGER IFFCO TOKIO GEN.INS. CO LTD., CUSTOMER SERVICE CENTRE SHRISHANTI TOWER, 5TH FLOOR, NO.141, 3RD MAIN, EAST OF NGEF LAYOUT KASTURINAGARA, BENGALURU - 560 043.
2. SRI BANGARA BABU S/O SRINIVASAIAH LAKKERE VILLAGE MALURU TALUK KOLAR - 08 3 . CHANNACHARI S/O LATE KALACHARI NELAMAKANAHALLI MALAVALLI TALUK MANDYA DISTRICT - 17 …RESPONDENTS (BY SRI B.PRADEEP, ADVOCATE FOR R1; R2 & R3 D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 03.10.2017, PASSED IN MVC.NO.5452/2016, ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE & XIX ACMM, MEMBER, MACT, BENGALURU (SCCH-13), C/C II ADDITIONAL JUDGE & XXVIII ACMM, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal has been filed by the appellants- claimants aggrieved by the impugned judgment and award dated 03.10.2017 passed by the Additional Small Causes Judge and the Motor Accidents Claims Tribunal, Bengaluru in MVC.No.5452/2016 (hereinafter referred to as ‘Tribunal’ for short) whereby the Tribunal has awarded a total compensation in a sum of Rs.5,65,434/- in favour of the appellant together with interest at 6% p.a. from the date of claim petition till realization towards the injuries sustained by the claimant-appellant in a road traffic accident that occurred on 19.04.2016.
2. Though the matter is listed for orders, with the consent of learned counsel for the parties, the matter is taken up for final disposal.
3. Both the counsels submit that the occurrence of accident as well as the coverage of the policy of the offending vehicle by the Insurance Company is not in dispute and this appeal is restricted to quantum of compensation awarded by the Tribunal.
4. Learned counsel for the appellant-claimant submits that having regard to the Lok Adalat guidelines stipulating that the notional income in respect of accident that occurred in the year 2016 is to be taken as Rs.9,500 p.m., the Tribunal committed an error in taking the notional income of the appellant as Rs.7,500/- p.m. It is also submitted that upon taking the notional income as Rs.9,500/- p.m., the appellant- claimant would be entitled to proportionate enhancement in the compensation awarded under the head ‘loss of income during laid up/treatment period. So also, it is contended that compensation awarded under other heads is meager and the same requires enhancement by this Court.
5. Per contra, the learned counsel for the respondent No.1 would support the impugned order.
6. I have given my anxious consideration to the rival submissions of the learned counsel appearing for the parties.
7. As rightly contended by the learned counsel for the appellant-claimant that the notional income of the appellant-claimant ought to have taken as Rs.9,500/- p.m. as per the Lok Adalat guidelines instead of Rs.7,500 p.m. Consequent to coming to the conclusion that the notional income of the appellant- claimant would be entitled to additional compensation under the head ‘loss of future earnings’. Thus, the appellant-claimant would be entitled to additional compensation of Rs.62,400/- under the head ‘loss of future earnings’ as hereunder:
9500x12x13x20/100 = Rs.2,96,400/-
The Tribunal having already awarded a sum of Rs.2,34,000/- under this head. Therefore, the appellant-claimant would be entitled to Rs.62,400/- (Rs.2,96,400.00 - Rs.2,34,000.00) by way of additional compensation under the head ‘loss of future income’.
8. The Tribunal having not awarded any compensation under the head ‘loss of income during laid up/treatment period’. So, the appellant-claimant would be entitled to a compensation of Rs.28,500/- under this head.
9. Further, the Tribunal has committed an error in not awarding compensation under the head ‘loss of amenities’. I am of the considered opinion that a sum of Rs.25,000/- is to be awarded under this head.
10. Having regard to the nature of injuries sustained by the appellant-claimant in the fatal road accident, the appellant would be entitled to additional enhanced compensation of Rs.10,000/- under the head ‘pain and suffering’.
11. Thus, the appellant-claimant would be entitled to additional enhanced compensation of Rs.1,25,900/- together with 6% interest from the date of claim petition till realization as here under:
4. Loss of amenities Rs. 25,000/-
Total Rs. 1,25,900/-
12. In view of the aforesaid discussion, I pass the following:
ORDER (i) The appeal is partly allowed.
(ii) The impugned judgment and award dated 03.10.2017 passed by the Additional Small Causes Judge and the Motor Accidents Claims Tribunal, Bengaluru in MVC.No.5452/2016 is hereby modified.
(iii) Appellant-claimant is entitled to an additional enhanced compensation of Rs.1,25,900/- together with 6% interest from the date of claim petition till realization.
(iv)The additional enhanced compensation amount is directed to be released in favour of the appellant-claimant.
SSD Sd/- JUDGE