IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S.R. KRISHNA KUMAR MISCELLANEOUS FIRST APPEAL No.2604 OF 2017 (MV) BETWEEN:
MANJUNATHA S/O.THIPPESSWAMY AGED ABOUT 41 YEARS R/O. RAYANAHLLY VILLAGE CHITRADURGA TQ & DIST- 577 501 (BY SMT.SPOORTHY HEGDE NAGARAJA, ADV.) AND:
1. NEW INDIA INSURANCE COM. LTD., REP. BY ITS BRANCH MANAGER BRANCH OFFICE NEAR KSRTC BUS STAND CHITRADURGA-577 501.
…APPELLANT 2. DR.BASAVARAJAPPA S.P. S/O PANDURANGAPPA S.R. AGED ABOUT 41 YEARS OWNER OF CAR BEARING REG NO.KA-16-M-2801 R/O #C-6-BMCH QUARTERS JMIT CAMPUS CHITRADURGA TOWN – 577 501.
… RESPONDENTS (BY SRI.C.R.RAVISHANKAR. ADV. FOR R-1 R-2- NOTICE D/W.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED: 27.12.2016 PASSED IN MVC NO.599/16 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION OR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Admit.
2. With the consent of learned counsel for both sides, the matter is taken up for final disposal.
3. This appeal filed by the claimant is directed against the impugned judgment and award passed by the Principal Senior Civil Judge and Member Additional M.A.C.T., Chitradurga (hereinafter referred to as ‘the Tribunal’ for short) awarding a sum of Rs.2,27,000/- together with interest at the rate of 9% p.a. in favour of the appellant towards injuries sustained by the appellant in a motor vehicle accident that occurred on 18.02.2016.
4. Both learned counsel submit that the occurrence of the accident and the coverage of the vehicle in question by respondent No.1-Insurance Company are not in dispute and the appeal is restricted to quantum of compensation awarded in favour of the appellant.
5. The Court below awarded a total sum of Rs.2,27,000/- in favour of the appellant is stated as hereunder: -
Towards pain and sufferings Rs.30,000 Towards medical expenses Rs.12,018 Towards conveyance, Food, Nourishment, attendant charges etc., Towards loss of future income due to permanent disability Loss of amenities and unhappiness Towards future medical expenses Rs.6,000 Rs.1,44,000 Rs.25,000 Rs.10,000 In all total Rs.2,27,018 6. It is contended on behalf of the appellant that the Tribunal committed grave and serious error in awarding a compensation for a sum of Rs.30,000/- towards ‘pain and sufferings’ and only Rs.6,000/- towards ‘conveyance, food and nourishment’. It is also contended that the Tribunal has erred in awarding only a sum of Rs.25,000/- under the head ‘loss of amenities’ and Rs.10,000/- towards ‘future medical expenses’.
7. Lastly, it is contended by the learned counsel for the appellant that the Tribunal was erred in not awarding compensation under the head ‘loss of income during laid up period’. Accordingly, learned counsel submits that appellant is entitled to the enhanced compensation.
8. Per contra, learned counsel appearing for respondent No.1-Insurance company would support the impugned award.
9. I have considered the rival submissions and perused the material on record.
10. As rightly contended by the learned counsel for the appellant, the Tribunal committed an error in coming to the conclusion that the notional income of the appellant should be taken as Rs.9,500/- p.m instead of Rs.8,000/-
p.m. In view of the Lok-Adalath guidelines coupled with the undisputed fact that the accident took place in the year 2016, there is considerable force in the submission made on behalf of the appellant. Taking the notional income as Rs.9,500/- per month as per the Lok-Adalath guidelines, the appellant would be entitled to a sum of Rs.1,71,000/- under the head ‘loss of future income’.
11. Insofar as the compensation awarded under the head ‘pain and suffering’ is concerned, having regard to the nature of the injuries suffered by the appellant and the material on record, the appellant would be entitled to an additional enhanced compensation of Rs.20,000/-. Similarly, the appellant would also be entitled to an additional compensation of Rs.4,000/- towards ‘conveyance, food and nourishment’, Rs.5,000/- towards ‘loss of amenities’ and Rs.10,000/- towards ‘future medical expenses’. The impugned award would also indicate that no compensation has been awarded in favour of the appellant towards loss of income during the laid up period. In view of my finding, the notional income of the appellant has to be taken as Rs.9,500/- per month. I deem it proper to award a sum of Rs.19,000/- under the head ‘loss of income during laid up period’. Accordingly, the appellant is entitled to the total compensation of Rs.3,12,018/- under the following heads:-
Towards pain and sufferings Rs.50,000 Towards medical expenses Rs.12,018 Towards conveyance, Food, Nourishment, attendant charges etc., Towards loss of future income due to permanent disability Loss of amenities and unhappiness Towards future medical expenses Loss of income during laid up period Rs.10,000 Rs.1,71,000 Rs.30,000 Rs.20,000 Rs.19,000 In all total Rs.3,12,018 Accordingly, I pass the following:
ORDER i. The appeal is partly allowed.
ii. The impugned judgment and award passed by the Tribunal is modified awarding an additional compensation of Rs.85,000/- in favour of the appellant.
iii. The enhanced compensation would carry interest at 6% p.a. from the date of petition till realization.
iv. The entire enhanced compensation together with interest is directed to release in favour of the appellant.
Sd/- JUDGE MBM