IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR M.F.A.NO.4954 OF 2018 (MV) BETWEEN KULLA @ KULLAPPA, S/O LATE NARAYANA, AGED ABOUT 63 YEARS, R/O GEJJALAGERE COLONY, MADDUR TQ, MANDYA DISTRICT – 571 414.
(BY SRI. SREENIVASAN M.Y., ADVOCATE) AND 1. SATHISHA, S/O CHIKKATHAMMAIAH, MAJOR, R/AT HALEBUDANUR VILLAGE, KASABA HOBLI, MANDYA TQ & DISTRICT – 571 414.
2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., NO.1119/B, KAMBLI BUILDING, M.C.ROAD, ASHOKA NAGARA, MANDYA CITY – 571 401.
…APPELLANT …RESPONDENTS (BY SRI.RAVISH BENNI, ADVOCATE FOR R2;
R1 DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:07.03.2018, PASSED IN MVC NO.1473/2015, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MADDUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL 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 07.03.2018 passed by the Senior Civil Judge & MACT, Maddur in MVC.No.1473/2015 (hereinafter referred to as ‘Tribunal’ for short) whereby the Tribunal has awarded a total compensation in a sum of Rs.82,473/- 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 09.08.2015.
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 2015 is to be taken as Rs.9,000 p.m., the Tribunal committed an error in taking the notional income of the appellant as Rs.6,000/- p.m. It is also submitted that upon taking the notional income as Rs.9,000/- p.m., the appellant- claimant would be entitled proportionate enhancement in the compensation awarded under the head ‘loss of income during laid up/treatment period.
5. It is further contended that having regard to the grievous and serious injuries sustained by the appellant-claimant would be entitled to an additional enhanced compensation towards incidental expenses under the head ‘pain and agony’, ‘loss of amenities’ and ‘attendant charges, food’ etc. It was therefore contended that the appellant-claimant would be entitled to enhanced compensation at the hands of this Court.
6. Per contra, the learned counsel for the respondent No.1 would support the impugned order.
7. I have given my anxious consideration to the rival submissions of the learned counsel appearing for the parties.
8. 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.9,000/- p.m. as per the Lok Adalat guidelines instead of Rs.6,000 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.48,600/- under the head ‘loss of future earnings’ as hereunder:
9500x12x9x5/100 = Rs.48,600/-
9. Thus, the Tribunal having awarded a sum of Rs.32,400/-, the appellant-claimant would be entitled to an additional sum of Rs.16,200/- under the head ‘loss of future earnings. So also, the appellant-claimant would be entitled an additional sum of Rs.12,000/- under the head ‘loss of income during laid up/treatment period’. In view of my finding, the notional income of the appellant-claimant is to be taken as Rs.9,000/- p.m.
10. In view of the material on record which discloses that the appellant-claimant sustained serious injuries in the accident, the appellant-claimant would be entitled to additional sum of Rs.20,000/-, Rs.10,000/- Rs.10,000/- under the heads ‘pain and agony’, ‘loss of amenities’ and attendant, food charges etc. respectively.
11. Thus, the appellant-claimant would be entitled to additional enhanced compensation of
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 31.01.2018 passed by the 07.03.2018 passed by the Senior Civil Judge & MACT, Maddur in MVC.No.1473/2015 is hereby modified.
(iii) Appellants are entitled to an additional enhanced compensation of Rs.68,200/- together with 6% interest from the date of claim petition till realization.
(iv)The additional enhancement compensation amount is directed to be released in favour of the appellant-claimant.
Sd/- JUDGE SSD