IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR M.F.A.NO.7308 OF 2018 (MV-1) BETWEEN NAGARAJU S/O KEMPEGOWDA AGED ABOUT 41 YEARS R/AT KADANAKUPPE VILLAGE KYLANCHA HOBLI RAMANAGARA TALUK - 562 159.
(BY SRI. SHANTHARAJ.K, ADVOCATE) ANO 1. HANUMANTHEGOWDA B.N S/O NARASIMHAIAH AGED, MAJOR R/AT NO.3, 'B' BLOCK AUDUGODI POLICE QURTERS BENGALURU - 560 068.
2. M/S. UNITED INDIA INSURANCE COMPANY LIMITED BY ITS MANAGER RVR COMPLEX BEHIND KSRTC BUS STAND OPP. LIC OFFICE RAMANAGARA TOWN - 562 159.
.APPELLANT .RESPONDENTS * (BY SRI.C.SHANKAR REDDY, ADVOCATE FOR R-2 R-1 D/W ) * Corrected vide chamber order dated: 03.11.2020.
THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGIANST THE JUDGMENT AND AWARD DATED: 28.06.2018 PASSED IN MVC NO. 61/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, RAMANAGARA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal has been filed by the claimant challenging the impugned judgment and award dated 28.06.2018 passed by the learned Addl.Senior Civil Judge & Addl.MACT, Ramanagara (for short 'the Tribunal'), in M.V.C.No.61/2017, awarding a sum of Rs.3,00,450/- together with interest at 7% p.a. from the date of petition till realisation towards the injuries sustained by the claimant-appellant in a road traffic accident that occurred on 09.10.2016.
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 are not in dispute and this appeal is restricted to quantum of compensation awarded by the Tribunal.
4. The learned counsel for the appellant-claimant submits that the Tribunal committed an error in assessing the notional income of the claimant as Rs.6,500/- per month instead of Rs.9,500/- as per the Lok Adalat guidelines. In view of the same, the amount awarded under the head 'future loss of income' needs to be modified. It is also contended that the amount awarded under the heads 'loss of amenities', 'loss of income during laid up period' and 'food, nourishment & attendant charges' are very meager and inadequate and the same needs to be enhanced by this Court. He therefore requests for modification of the impugned judgment and award passed by Tribunal.
5. The learned counsel for the respondent-Insurance company would support the impugned judgment and award passed by the Tribunal.
6. I have given my careful consideration to the rival submissions and perused the material on record.
7. As rightly contended by the learned counsel for the appellant, the Tribunal committed an error in taking the notional income as Rs.6,500/- per month instead of Rs.9,500/- per month in view of the Lok Adalat guidelines which stipulate that in respect of an accident that occurred in the year 2016, the notional income should be taken as Rs.9,500/- per month. Hence, taking the notional income at Rs.9,500/- per month, the appellant would be entitled to total compensation of Rs.2,22,300/- (Rs.9,000 x 12 x 15 x 13/100) towards 'future loss of income'. Since the Tribunal has already awarded a sum of Rs.1,52,000/-, the appellant-claimant would be entitled to additional compensation of Rs.70,300/- under this head.
8. Having taken the notional income of Rs.9,500/- per month, I am of the view that the appellant is entitled to total compensation of Rs.28,500/- under the head 'loss of income during laid up period'. Since the Tribunal has already awarded a sum of Rs.13,000/-, the appellant is entitled to an additional compensation of Rs.15,500/- under this head. So also, the appellant is entitled to additional sum of Rs.15,000/- under the head 'food, nourishment, conveyance etc.' and also he is entitled to a sum of Rs.30,000/- under the head 'loss of amenities'.
9. Thus, in all the appellant is entitled to an additional enhanced compensation of Rs.1,30,800/- under the following
10. In view of the aforesaid discussion, I pass the following order:-
(i) The appeal is partly allowed.
(ii) The impugned judgment and award dated 28.06.2018 passed by the Tribunal is hereby modified.
(iii) The appellant-claimant is entitled to enhanced compensation of Rs.1,30,800/- which shall carry interest at 6% p.a. from the date of petition till realization.
(iv) The apportionment and disbursement to be done as per the impugned judgment and award passed by the Tribunal.
Sd/- JUDGE Srl.