IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.2239 OF 2014 (MV) BETWEEN:
PURUSHOTHAM S K S/O LATE PATEL KRISHNA RAO, AGED ABOUT 85 YEARS, R/AT NO.145, 14TH CROSS, VYALLIKAVAL, BANGALORE – 03 ... APPELLANT (BY SRI.SHRIPAD V SHASTRI, ADV.) AND:
1. IFFCO-TOKIO GENERAL INSURANCE CO. LTD NO.141, SRI. SHANTHI TOWERS, 4TH FLOOR, 3RD MAIN, EAST NGEF LAYOUT, KASTURI NAGAR, BANGALORE - 43 2. MR. DEEPESH KUMAR M.A S/O SAMPATH KUMAR, R/AT NO.142, 5TH CROSS, LOWER PALACE ORCHID, SADASHIVA NAGAR, BANGALORE – 560 003 ... RESPONDENTS (BY SRI.B PRADEEP, ADV. FOR R1; NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:23.01.2014 PASSED IN MVC NO.2623/2013 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSE JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T This appeal is filed being aggrieved by the compensation amount awarded by the Tribunal. In the Claim petition made by the appellant before the Motor Accident Claims Tribunal, Bangalore for the injuries suffered in the road traffic accident that took place on 17th February, 2013, the Tribunal by its judgment and award dated 23rd January, 2014 passed in MVC No.2623 of 2013 awarded compensation of Rs.1,95,000/-.
2. The Tribunal has considered all the material documents placed before it and has awarded the compensation. The only area that is to be addressed is with regard to the compensation under the head loss of future earnings. The Tribunal has not awarded any amount under the said head. It is stated in the claim petition by the injured that he was doing real estate business and was earning Rs.20,000/-. He is also a retired Government employee and is getting a pension of Rs.15,000/- per month. Be that as it may, the accident is of the year 2013. With relevance to the year of accident, the notional income is assessed at Rs.7,000/- per month. Accordingly, the income under the head loss of future earnings would come to Rs.84,000/- (Rs.7,000/- x 12 x 5 x 20%) and the same is awarded. The compensation awarded by the Tribunal under other heads are retained. In the result, the compensation is enhanced by Rs.84,000/- which amount shall carry interest at the rate of 6% per annum from the date of claim petition till realisation. Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn