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 M.F.A. No.1835/2017[MV] BETWEEN :
SMT. RAMAKKA W/O. NARAYANAPPA M, AGED ABOUT 57 YEARS, RESIDING AT:
NO.86, NEAR ANGANAWADI, KODLIPURA VILLAGE, MAYASANDRA, BANGALORE URBAN.
(BY SRI. SREENIVASAIAH A., ADV.) AND :
1. G.D. PRAKASH, S/O DUNDDE GOWDA, HAROHALLI, SIGADIBIDEE MASIDI CIRCLE, KANAKAPURA TALUK, RAMANAGARA DISTRCT – 562 131.
2. THE MANAGER, ... APPELLANT IFFCO-TOKIO GENERAL INSURANCE CO. LTD., CSC-141, SRI SHANTHI TOWERS, 5TH FLOOR, 3RD MAIN, 141, EAST OF NGEF LAYOUT, KASTURINAGAR, BANGALORE – 560 048.
…RESPONDENTS (BY SRI. D. VIJAYKUMAR, ADV. FOR R2.
V/O DATED 31/10/12 NOTICE TO R1 D/W) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 30.11.2016 PASSED IN MVC NO. 658/16 ON THE FILE OF THE 19TH ADDITIONAL SMALL CAUSE JUDGE & MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Notice to R1 is dispensed with.
2. The appellant has filed this appeal seeking enhancement of compensation against the Judgment and Award dated 30.11.2016 passed by the Motor Accident Claims Tribunal, Bangalore (SCCH-17) in MVC No.658/2016.
3. It is the case of the appellant that the appellant had sustained grievous injuries occurred on 01.05.2015. The Tribunal has awarded compensation of Rs.3,05,717/-. Aggrieved by the same, the appellant has filed this appeal.
4. The learned counsel for the appellant submitted that the compensation awarded by the Tribunal is on the lower side and sought to enhance the same.
5. The leaned counsel for the respondents sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
6. I have heard learned counsel for both the sides and perused the Judgment and Award passed by the Tribunal. The Tribunal has taken income of injured at Rs.7,000/- p.m. which is on the lower side. Considering the year of accident as 2015 and place of residence, I am inclined to take notional income of the injured at Rs.9,000/- p.m. Hence, the appellant is entitled for a sum of Rs.97,200/- (Rs.9,000 x 12 x 9 x 10%) towards loss of future income due to permanent disability in place of Rs.75,600/- as awarded by the Tribunal. Rs.36,000/-(Rs.9,000 x 4) is granted towards loss of laid up period which is not considered by the Tribunal. The compensation awarded under other heads are not disturbed.
7. Accordingly, the appeal is allowed in part.
The appellant is entitled for an enhanced compensation of Rs.57,600/- with interest at 6% p.a. from the date of petition till the date of payment.
Sd/- JUDGE Nm