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.4745 OF 2018 (MV) BETWEEN M. NANJUNDASWAMY, S/O LATE MAHADEVASHETTY, AGED ABOUT 37 YEARS, R/O KUNTHURU MOLE VILLAGE, KOLLEGAL TALUK, CHAMARAJANAGARA DISTRICT – 571 442. (BY SRI. SREENIVASAN M.Y., ADVOCATE) AND …APPELLANT 1. GUNASHEKAR. R. Y., S/O R YELLAPPA, MAJOR, R/AT MARUTHINAGAR, HANUR VILLAGE AND POST, KOLLEGAL TALUK, CHAMARAJANAGARA DISTRICT – 571 443.
2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., NO.305, ATCHAM MANSION, DR.RAJKUMAR ROAD, SOUTHERN EXTN., KOLLEGALA TOWN, CHAMARAJANAGARA DISTRICT – 571 440.
…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:31.01.2018, PASSED IN MVC NO.194/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., & MACT, KOLLEGAL, 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 appellant- claimant aggrieved by the impugned judgment and award dated 31.01.2018 passed by the Senior Civil Judge & JMFC & MACT, Kollegal in MVC.No.194/2016 (hereinafter referred to as ‘Tribunal’ for short) whereby the Tribunal has awarded a total compensation in a sum of Rs.5,75,300/- in favour of the appellant- claimant together with interest at 6% p.a. from the date of claim petition till realization towards the injuries sustained by the appellant -claimant in a road traffic accident that occurred on 15.05.2016.
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 the material on record would clearly indicate that the appellant-claimant who was aged about 35 years and he was doing masonry work and earning Rs.15,000/- p.m. Due to the accident, the appellant-claimant suffered grievous and serious injuries to both bones of left leg and as well as right leg of the appellant-claimant. In addition, thereto, the appellant-claimant also suffered fracture of vertebra on account of the accident give rise to 37% disability to both legs and 100% to left arm which resulted in the appellant-claimant not being in a position to continue to work. In this connection, the Tribunal has assessed the disability of the appellant-claimant at 45% to the entire body.
5. The learned counsel for the appellant- claimant submits that the Tribunal committed error in taking the notional income as Rs.5,000/- p.m. without considering and appreciating that having regard to the undisputed fact that the accident occurred during the year 2015, ought to have taken as Rs.9,500/- p.m., consequent to taking the notional income as Rs.9,500/- p.m., the appellant-claimant would not only entitled to additional compensation under the head ‘loss of future income’, but would also entitle to additional compensation towards ‘loss of income during laid up period’ for two months. He also submits that having regard to the nature of the grievous and serious nature of the injuries referred to above, the appellant-claimant would be entitled to above additional compensation towards conventional heads such as conveyance charges, nourishment charges, attendant charges and loss of amenities.
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. Learned counsel for the appellant-claimant is correct in contending that having regard to the undisputed fact that the accident occurred during the year 2016. 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.5,000 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 income during laid up/treatment period also. Thus, the appellant- claimant would be entitled to additional compensation of Rs.8,20,800/- under the head ‘loss of future income’ as hereunder:
9500x12x16x45/100 = Rs.8,20,800/-
9. The Tribunal having awarded a sum of Rs.4,32,000/- under this head, then the appellant- claimant would be entitled to additional sum of Rs.3,88,800/- under the head ‘loss of future income. So also, taking the notional income as Rs.9,500/- p.m., the appellant-claimant would be entitled to additional sum of Rs.23,500/- towards ‘loss of income during laid up/treatment period.
10. As rightly contended by the learned counsel for the appellant-claimant, having regard to the grievous and serious nature of the injuries sustained by the appellant-claimant in the accident which has resulted in both bones of right leg as well as left leg and fracture of vertebra, thereby causing disability to an extent of 100% to the left arm which was ultimately assessed as permanent disability and to the extent of 45% to the entire body in view of the fact that the appellant- claimant is working as coolie. The compensation awarded by the Tribunal under the head of ‘incidental expenses are highly inadequate, meagre and insufficient and same requires enhancement by this Court. Accordingly, the compensation awarded towards ‘incidental expenses’ under various heads are also enhanced and the appellant-claimant is entitled to additional enhanced compensation of Rs.5,22,300/- as here under:
11. Thus, the appellants-claimants are entitled to total enhanced compensation of Rs.5,22,300/- together with 6% interest from the date of claim petition till realization.
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 Senior Civil Judge & JMFC & MACT, Kollegal in MVC.No.194/2016 is hereby modified.
(iii) Appellants are entitled to an additional enhanced compensation of Rs.5,22,300 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.
SSD Sd/- JUDGE