IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.4619 OF 2014 (MV) BETWEEN:
MR.KUNHANNA RAI S/O RAMAYYA RAI NOW AGED 55 YEARS, R/AT KOPPALA HOUSE NETTANIGEMUDNOOR VILLAGE, PUTTUR TALUK: DAKSHINA KANNADA DISTRICT. PIN - 574 201. ... APPELLANT (BY SRI.VISHWANATHA POOJARY.K., ADV.) AND:
1. MR.T.HASAINAR NOW AGED 52 YEARS, S/O PAKRUDDIN.
R/AT BJLAL HOUSE, ISHWARAMANGALA POST NETTANIGE MUDNOOR VILLAGE, PUTTUR TALUK: DAKSHINA KANNADA DISTRICT. PIN – 574 201.
2. THE DIVISIONAL MANAGER THE IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED NEAR SYNDICATE BANK. LALBAGH, MANGALORE. DAKSHINA KANNADA DISTRICT PIN – 575 001. ... RESPONDENTS (BY SRI.B.PRADEEP, ADV. FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:07.04.2014 PASSED IN MVC NO.1027/2012 ON THE FILE OF THE PRINCIPAL, SENIOR CIVIL JUDGE AND MEMBER, MACT, PUTTUR, D.K, 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:
J U D G M E N T The claim petitioner, for having sustained in the injuries in the road traffic accident that took place on 07th February 2012, made a claim petition before the Motor Accident Claims Tribunal, Puttur, Dakshina Kannada. The Tribunal, by its judgment and award dated 07th April 2014 passed in MVC No.1027 of 2012 awarded compensation of Rs.1,11,400/- with interest at the rate of 6% from the date of claim petition till its realisation. Being not satisfied with the compensation awarded, the appellant is before this Court in this appeal, seeking enhancement.
2. The learned counsel appearing for the appellant compensation awarded by the Tribunal is on the lower side. He submits that the Tribunal has not awarded any amount towards future medical expenses. He submits that though the claim petitioner has stated that he was earning Rs.400/- per day, the same has been disbelieved by the Tribunal and the income is taken at Rs.200/- per day and at Rs.6,000/- per month which is also on the lower side. Hence, he prays for suitable enhancement in the compensation.
3. The learned counsel appearing for the respondent- Insurer submits to dismiss the appeal. He submits that considering the oral evidence and the material documents placed before it, the Tribunal has awarded just and reasonable compensation and there is no ground for interference in this appeal.
4. Heard the learned counsel for the parties and gone through the judgment and award. Though the appellant, in the claim petition has claimed that he was Rs.12,000/- per month by doing carpentry and work in the absence of supporting documents produced to that effect, the notional income is to be taken based on the relevant factors like year of accident, place of residence and the cost of living prevalent then. In the instant case, with relevance to the accident of the year which is 2012, the notional income to be assessed at Rs.7,000/- per month. Accordingly, the compensation under the head loss of future earnings comes to Rs.7,000/- x 12 x 11 x 9% which comes to Rs.83,160/- and the same is awarded as against Rs.71,280/- awarded by the Tribunal. As against the loss of earning during the treatment period, considering the laid up as three months, Rs.21,000/- is awarded including the amount awarded by the Tribunal. Considering the pain and agony undergone by the Tribunal, another Rs.20,000/- is awarded under the head pain and sufferings. As the appellant has to undergo the trauma for the rest of his life, I award another Rs.15,000/- under the head loss of amenities. Under the head conveyance, nourishment and attendant charges, Rs.5,000/- is awarded in addition to what has been awarded by the Tribunal. The compensation awarded by the Tribunal under the head Medical Bills is retained. In the result, the total enhanced compensation would be Rs.64,880/- and the same shall carry interest at the rate as is awarded by the Tribunal. Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn