IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S.R. KRISHNA KUMAR MISCELLANEOUS FIRST APPEAL No.4437 OF 2018 (MV) BETWEEN:
Latha W/o C. Nagaraja, Aged about 38 years, R/o Kunchiganal Village, Chitradurga Tq & Dist. – 577 501. …Appellant (By Sri. A.K. Sree Harsha, Advocate for Smt. Spoorthy Hegde .N, Advocate) AND:
1. M/s. National Insu. Co. Ltd., By its Manager, Jagalur Malingappa Complex, B.D. Road, Chitradurga – 577 501.
2. Manjappa S/o Chandrappa, Major, Owner of Motorcycle No.KA-17-EK-2751, R/o No.27, Behind Durgamma Temple, Eraganahalli Village, Kogalur Post, Channagiri Taluk, Davanagere District – 577 001. … Respondents (By Smt. Ranjitha G.B., Advocate for Sri. C.M. Poonacha, Advocate for R1; R2 dispensed with) This Miscellaneous First Appeal is filed under Section 173(1) of M.V. Act against the judgment and award dated 04.01.2017 passed in MVC No.1111/2015 on the file of the Principal Senior Civil Judge and CJM, Chitradurga, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This appeal coming on for Orders, this day, the Court delivered the following:
JUDGMENT Though the matter is posted at the stage ‘Orders’, with the consent of learned counsel for both sides, matter is taken up for final disposal.
2. Both learned counsel submit that the occurrence of the accident as well as the coverage of the vehicle in question by respondent No.1-Insurance Company are not in dispute and the present appeal is restricted to the quantum of compensation awarded by the Tribunal in favour of the appellant.
3. This appeal has been filed by the claimant aggrieved by the impugned judgment and award dated 04.01.2017 passed by the Principal Senior Civil Judge and CJM, Chitradurga (hereinafter referred to as ‘the Tribunal’ for short) in MVC No.1111/2015, whereby the Tribunal has awarded a sum of Rs.4,85,000/- together with interest at the rate of 9% per annum from the date of filing of the petition till realization in favour of the appellant towards injuries sustained by the appellant in a motor vehicle accident that occurred on 13.03.2015.
4. Learned counsel for the appellant submits that the Tribunal committed an error in taking the notional income of the appellant as Rs.6,000/- per month instead of Rs.9,000/- per month. As per the Lok-Adalath Guidelines, the notional income is to be taken as Rs.9,000/- per month in respect of the accident occurred in the year 2015. It is therefore contended by the appellant that taking notional income of the appellant as Rs.9,000/- per month, the appellant would be entitled to proportionate enhancement in the compensation awarded under the head loss of income due to permanent disability, which has been assessed at 15% to the entire body by the Tribunal. It is also contended that the appellant is entitled to loss of income during treatment/laid up period, which has not been awarded by the Tribunal and consequent to taking notional income of the appellant as Rs.9,000/- per month, the appellant would be entitled to loss of income during treatment/laid up period for three months, since he was inpatient for a period of 19 days. It is therefore contended that the appellant would be entitled to an additional compensation under this head also. Learned counsel for the appellant also submitted that having regard to the nature of injuries sustained by the appellant, a sum of Rs.25,000/- under the head ‘loss of amenities is highly insufficient, meager and same requires to be enhanced. So also, a sum of Rs.7,000/- awarded under the head conveyance, food, etc., as well as a sum of Rs.10,000/-
awarded under the head future medical expenses are inadequate, meager and same requires enhancement.
5. Per contra, learned counsel for respondent No.1-Insurance Company would support the impugned judgment and award.
6. I have given my careful consideration to the rival submissions and perused the materials on record.
7. As rightly contended by the learned counsel for the appellant, the Tribunal committed an error in failing to consider and appreciate that as per the Lok-Adalath Guidelines, the notional income of the appellant, who met with an accident on 13.03.2015 is to be taken as Rs.9,000/- per month as against Rs.6,000/- per month as wrongly held by the Tribunal. Accordingly, the permanent disability suffered by the appellant to the entire body being 15%, the appellant would be entitled to a total compensation of Rs.2,59,200/- (9000 x 12 x 16 x 15 / 100) under the head ‘loss of future income’ as against Rs.1,72,800/- awarded by the Tribunal and consequently, the appellant would be entitled to an additional sum of Rs.86,400/- under this head.
8. In my opinion, having regard to the materials on record, in particular the nature of the injuries sustained by the appellant and the undisputed fact that he was inpatient for a period of 19 days, the appellant would be entitled to an additional enhanced compensation of Rs.15,000/- towards ‘loss of amenities’, Rs.5,000/- towards ‘future medical expenses’ and Rs.8,000/- towards ‘conveyance, food, nourishment, etc.,’ 9. Further, as rightly contended by the learned counsel for the appellant, the Tribunal has not awarded any compensation for loss of income during laid up period/treatment period. In this context, consequent to my finding that the notional income should be taken as Rs.9,000/- per month, the appellant is entitled to a sum of Rs.27,000/- under this head.
10. Thus, the appellant would be entitled to an additional compensation of Rs. 1,41,400/- under the following heads:-
Loss of future income due to disability Loss of income during laid up period Rs.86,400 Rs.27,000 Loss of amenities Rs.15,000 Loss of future medical expenses Conveyance, food, nourishment etc., Rs.5,000 Rs.8,000 Rs.1,41,400 In view of the aforesaid discussion, I pass the following:
ORDER i. The appeal is partly allowed.
ii. The impugned judgment and award dated 04.01.2017 passed by the Tribunal is modified awarding an additional compensation of Rs.1,41,400/- together with interest at the rate of 6% per annum from the date of petition till realization in favour of the appellant.
iii. The entire enhanced compensation together with interest is directed to be released in favour of the appellant.
Ordered accordingly.
Sd/- JUDGE MBM