IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR MISCELLANEOUS FIRST APPEAL No.555/2017 (MV) BETWEEN:
M K C Gowda @ Cheluvaraja s/o Krishnappa M H Now aged about 42 years r/a Madenoor village Shanthigrama Hobli Hassan Taluk – 573201. .. Appellant (By Sri Raghu R, Advocate) AND:
1. Nagaraju, major s/o Korigowda r/a Lakshmisagara Rabber Kadu, Thamlapura D G Halli, Shivamogga – 577201.
2. The Manager Universal Sompo Gen Ins Co., Ltd. 1st Stage, Maruthi Rice Building Opp Vinayaka Theatre, B H Road Shivamogga-577201. .. Respondents (By Sri Ravi S Samprathi, Advocate for R2, Notice to R1 – D/W) This MFA is filed under Section 173(1) of MV Act against the judgment and award dated 26.11.2015 passed in MVC No.1665/2014 on the file of the III Additional District Judge and MACT, Hassan, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This MFA coming on for admission this day, the Court delivered the following:
JUDGMENT This appeal filed by the claimant is directed against the judgment and award dated 26.11.2015 passed in MVC No.1665/2014 on the file of the III Additional District Judge and MACT, Hassan, whereby the claim petition came to be allowed in part awarding compensation of Rs.2,99,500/- together with interest at 6% p.a. from the date of the claim petition till realisation.
2. Though the matter is listed for admission, with the consent of both the leaned counsel, the matter is takenup for final disposal.
3. Both the learned counsel submit that the occurrence of accident as well as coverage of policy of the offending vehicle by the respondent No.2 – Insurance Company is not in dispute and that the appeal is restricted to quantum of compensation awarded in favour of the appellant.
4. Learned counsel for the appellant submits that the Tribunal committed an error in coming to the conclusion that the notional income of the appellant is to be taken as Rs.6,500/- p.m. In this context, learned counsel invited my attention to the guidelines of the Lok Adalath, which stipulates that in respect of the accident that occurred in the year 2014, notional income is to be taken as Rs.8,500/- p.m. Accordingly, appellant would be entitled to additional enhanced compensation in this regard.
5. It was also contended that upon taking notional income as Rs.8,500/- p.m., the appellant would be entitled to proportionate additional compensation for ‘loss of income during the treatment/laid up period’. It was further contended that having regard to the serious and grievous nature of injuries sustained by the appellant on account of accident, the compensation awarded under the head `pain and suffering, loss of comfort for his future life and future medical expenses’ is highly insufficient and meager and the same requires enhancement.
6. Per contra, learned counsel for respondent No.2 – Insurance Company would support the impugned judgment and award.
7. I have given my careful consideration to rival submissions and perused the material on record.
8. Perusal of the impugned judgment and award would clearly indicate that the Tribunal committed an error in not taking the notional income of the appellant as Rs.6,500/- p.m. as against Rs.8,500/- p.m. under the head loss of income due to disability as hereunder:
Rs.8,500/- x 12 x 15 x 10/100 = Rs.1,53,000/-
9. The Tribunal having awarded a sum of Rs.1,17,000/- under the head `loss of income due to disability’, the appellant would be entitled to additional sum of Rs.36,000/- under this head.
10. As rightly contended by the learned counsel for the appellant, the compensation awarded under the head `loss of income during the treatment period’ has to be increased proportionately by taking notional income as Rs.8,500/- p.m. Accordingly, the appellant would be entitled the total sum of Rs.36,000/- under this head. The Tribunal having already awarded Rs.19,500/-, the appellant would be entitled to an additional sum of Rs.6,000/- under the head `loss of income during the treatment/laid up period’.
11. Insofar as the conventional heads are concerned, having regard to the grievous and serious nature of injuries sustained by the appellant, he would be entitled to additional sum of Rs.20,000/-, Rs.20,000/- and Rs.5,000/- under the heads, `pain and suffering, loss of comfort for his future life and future medical expenses’ respectively. Hence, the appellant would be entitled to enhanced compensation of Rs.87,000/- as hereunder:
I pass the following:
ORDER i) Appeal is hereby partly allowed.
ii) The judgment and award dated 26.11.2015 passed in MVC No.1665/2014 on the file of the III Additional District Judge and MACT, Hassan, is hereby modified awarding additional enhanced compensation in favour of the appellant in a sum of Rs.87,000/- with interest at 6% p.a. from the date of claim petition till realization.
The enhanced amount shall be released in favour of the appellant.
Sd/- JUDGE bkm