IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.1868/2016 (MV) BETWEEN:
SMT.NASREEN KHANUM W/O. NASRULLA KHAN, AGED ABOUT 52 YEARS, R/AT NO.46/1, 3RD MAIN ROAD, RAMACHANDRAPURAM, BENGALURU - 560 073. ... APPELLANT (BY SRI. N S BHAT, ADV.) AND:
1. SURESH NAIK V S/O. VAIKUNT NAIK, AGED ABOUT 40 YEARS, R/AT NO.253, MUNISWAMAPPA LAYOUT, NEAR GANESHA TEMPLE, CHANNANAYAKANAPALYA, BENGALURU - 560 073.
2. THE MANAGER IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., SHANTHI TOWERS, 5TH FLOOR, NO.141, 3RD MAIN, EAST TO NGEF LAYOUT, KASTURINAGAR, BENGALURU - 560 043. ... RESPONDENTS (BY SRI.S V HEGDE MULKHAND, ADV. FOR R2; R-1 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:02.12.2015 PASSED IN MVC NO.5617/2014 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T The appellant filed claim petition before the Motor Accident Claims Tribunal, Bangalore in MVC No.5617 of 2014. The Tribunal, by its order dated 2nd December 2015, awarded compensation of Rs.2,30,000/-. Being aggrieved by the compensation awarded, the appellant has preferred this appeal.
2. The learned counsel appearing for the appellant submits that though the claimant claimed that she was earning more than Rs.10,000/- per month, the Tribunal has taken it at Rs.6,000/- which is on the lower side. He also submits that the amount awarded under other heads is also lower in side and hence, he seeks for enhancement in the compensation.
3. The learned counsel for the respondent submits to dismiss the appeal. He submits that what has been awarded is on the higher side.
4. Heard the learned counsel for the parties and gone through the order of the Tribunal. The only area which requires interference is with regard to the awarding of compensation under the head loss of future income by assessing the notional income. The claimant claims that she was working as Tailor and was earning an income of more than Rs.10,000/-. In the cases of this nature where income is not supported by any documentary proof, the income has to be assessed by considering the factors like year of accident, place of residence of the claimant, price index, cost of living, number of dependents, etc. In the present case, the accident is of the year 2014. This court, consistently for the accident of year 2014 assesses the income at Rs.9,000/-. Accordingly, the calculation would be Rs.9,000/- x 12 x 15% x 13 which comes to Rs.2.10,600/-. The same is awarded in lieu of 95,000/- awarded by the Tribunal under the head Loss of future income. Since the income is taken at Rs.9,000/- per month, the amount awarded under the head loss of income during the period of treatment is required to be enhanced to Rs.36,000/- in place of Rs.24,000/- awarded by the Tribunal. Under the head loss of amenities, Rs.5,000/- is awarded in addition to what has been awarded by the Tribunal. The enhanced compensation carries interest at the rate as is awarded by the Tribunal.
Appeal is allowed in part.
Sd/- JUDGE lnn