IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR M.F.A.NO.8000 OF 2018(MV) BETWEEN PRATHAP PEMMAIAH S/O KUTTAPPA AGED ABOUT 46 YEARS R/A T. SHETTIGERI VILLAGE SRIMANGALA NAD, KODAGU DISTRICT 571 217.
(BY SRI. SACHIN.B.S, ADVOCATE) AND 1. JEEVAN.U S/O LATE UNNIKRISHNAN AGED ABOUT 27 YEARS RIDER OF MOTOR CYCLE R/A KAIKERI VILLAGE, VIRAJPET TALUK SOUTH KODAGU 571 218.
2. THE BRANCH MANAGER M/S. NATIONAL INSURANCE CO.LTD., BRANCH OFFICE VIRAJPET SOUTH KODAGU 571 218.
…APPELLANT …RESPONDENTS (BY SMT.H.R.RENUKA, ADVOCATE FOR R-2 R-1 SERVED) THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 09.07.2018, PASSED IN MVC NO. 163/2017, ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSION JUDGE & MACT, KODAGU-MADIKERI, SITTING AT VIRAJPET, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal has been filed by the claimant challenging the impugned judgment and award dated 09.07.2018 passed by the Court of II Addl. District and Sessions Judge and MACT, Kodagu-Madikeri, in M.V.C.No.163/2017, awarding a sum of Rs.1,92,020/- together with interest at 6% p.a. from the date of petition till date of deposit towards the injuries sustained by the claimant-appellant in a road traffic accident that occurred on 12.03.2017.
2. Though the matter is listed for admission, with the consent of learned counsel for the parties, the same 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 contended that the Tribunal committed an error in taking the notional income of the claimant as Rs.4,500/- per month instead of Rs.10,000/- per month as per the Lok Adalat guidelines. The learned counsel for the appellant-claimant submits that the Tribunal. He therefore requests for enhancement of compensation under the head ‘loss of future earnings. He further contended that the compensation awarded under other conventional heads are also on the lower side.
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 failed to consider and appreciate the Lok Adalat guidelines which stipulate that in respect of an accident that occurred in the year 2017, the notional income should be taken as Rs.10,000/- per month. Hence, by reworking the compensation under the head ‘loss of future income’, the appellant would be entitled to total compensation of Rs.2,85,600/- (Rs.10,000/- x 12 x 14 x 17/100). Since the Tribunal has already awarded a sum of Rs.1,28,520/-, the appellant- claimant would be entitled to additional enhanced compensation of Rs.1,57,080/- under this head. In view of the serious injuries sustained by the claimant, compensation under future medical expenses is enhanced by Rs.8,000/-. Since notional income of the appellant is taken as Rs.10,000/- p.m., he would be entitled to Rs.30,000/- towards loss of earning during laid up period. Since the Tribunal has awarded Rs.1,500/-, appellant is entitled to additional sum of Rs.28,500/- under this head. Further, the Tribunal has awarded only a sum of Rs.5,000/- under the head future medical expenses which is enhanced by another Rs.10,000/-, which shall not carry any interest. Thus the appellant is entitled to additional enhanced compensation of Rs.2,03,580/-. Excluding Rs.10,000/- awarded towards future medical expenses, the sum of Rs.1,93,580/- shall carry interest at 6% p.a., from date of claim petition till realization.
8. In view of the aforesaid discussion, I pass the following order:-
(i) The appeal is partly allowed.
(ii) The impugned judgment and award dated 09.07.2018 passed by the Court of II Addl. District and Sessions Judge and MACT, Kodagu-Madikeri, in M.V.C.No.163/2017 is hereby modified.
(iii) The appellant-claimant is entitled to additional compensation of Rs.2,03,580/- together with interest at 6% p.a. from the date of claim petition till realization excluding a sum of Rs.10,000/- that is awarded towards future medical expenses, which shall not carry any interest.
(iv) The apportionment and disbursement to be done as per the impugned judgment and award passed by the Tribunal.
Sd/- JUDGE bnv