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.2157 OF 2017 C/W M.F.A NO. 8321 OF 2017(MV-I) IN M.F.A.NO.2157/2017 BETWEEN RAMESH.A S/O AJJAPPA AGRICULTURIST AND COOLIE R/O KUNUGALI VILLAGE HOLLAKERE TALUK, CHITRADURGA DISTRICT NOW R/O BURUJANAHATTI, CHITRADURGA TOWN – 577 501.
(BY SRI. SHASHIDHARA.R, ADVOCATE) AND 1. LOKESHWARAPPA S/O ESHWARAPPA AGED ABOUT 72 YEARS R/O AGRAHARA VILLAGE KUNIGALI POST HOLALKERE TALUK, CHITRADURGA DISTRICT – 577 526.
…APPELLANT 2. THE MANAGER ORIENTAL INSURANCE CO.LTD., SRI.SHARADA COMPLEX 1ST FLOOR, OPP: KSRTC BUS STAND B.D.ROAD, CHITRADURGA TOWN – 577 501.
…RESPONDENTS (BY SRI.K.SURESH, ADVOCATE FOR R-2 R-1 SERVED) THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 05.11.2016 PASSED IN MVC NO. 59/2015 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE, 4TH MACT, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.
IN M.F.A.NO.8321/2017 BETWEEN THE MANAGER ORIENTAL INSURANCE CO LTD., SRI SHARADA COMPLEX, 1ST FLOOR OPPOSITE KSRTC BUS STAND, B.D.ROAD CHITRADURGA TOWN NOW REPRESENTED BY M/S. THE ORIENTAL INSURANCE COMPANY LIMITED REGIONAL OFFICE ‘SUMANGALA COMPLEX’ OPPOSITE TO HDMC, LAMINGTON ROAD HUBLI – 580 020 REPRESENTED BY ITS AUTHORISED SIGNATORY.
(BY SRI. K.SURESH, ADVOCATE) AND 1. SRI. RAMESH.A S/O AJJAPPA, AGAED ABOUT 26 YEARS, AGRICULTURIST AND COOLIE R/AT KUNUGALI VILLAGE HOLLAKERE TALUK, CHITRADURGA DISTRICT NOW R/AT BURUJANAHATTI, CHITRADURGA TOWN – 577 532.
2. SRI. LOKESHWARAPPA S/O ESHWARAPPA AGED ABOUT 72 YEARS R/O AGRAHARA VILLAGE KUNIGALI POST HOLALKERE TALUK, CHITRADURGA DISTRICT – 577 501.
…APPELLANT (BY SRI.R.SHASHIDHARA, ADVOCATE FOR R-1 R-2 SERVED) …RESPONDENTS THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 05.11.2016 PASSED IN MVC NO. 59/2015 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE, IVTH MACT, CHITRADURGA, AWARDING COMPENSATION OF RS.4,18,400/- WITH INTEREST @ 8% P.A. FROM THE DATE OF PETITION TILL DEPOSIT.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though these two appeals are listed for admission, with the consent of learned counsel for both the parties, they are taken up for final disposal.
2. Both these appeals arise out of the same impugned judgment and award dated 05.11.2016 passed by the learned I Addl. Senior Civil Judge & MACT, Chitradurga (for short ‘the Tribunal’) in M.V.C.No.59/2015, wherein a sum of Rs.4,18,400/- together with interest at 8% p.a. from the date of petition till the date of deposit was awarded in favour of the claimant.
3. Being aggrieved by the same, M.F.A.No.2157/2017 has been preferred by the claimant for enhancement of compensation, while M.F.A.No.1058/2017 has been preferred by the respondent-Insurance company for reduction of the compensation awarded by the Tribunal in the impugned judgment and award.
4. 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.
5. The learned counsel for the appellant-claimant contended that the Tribunal committed an error in taking the notional income of the claimant as Rs.6,500/- per month instead of Rs.8,500/- per month as per the Lok Adalat guidelines. It is further contended that the Tribunal has not awarded any compensation under the heads ‘loss of amenities’, ‘loss of income during laid up period’ and ‘conveyance, food and nourishment’. It is also contended that the Tribunal has not awarded the actual amount spent towards ‘medical expenses’ even though the medical bills are produced to the extent of Rs.1,31,761/-. He therefore prays for enhancement of compensation under the aforesaid heads.
6. The learned counsel for the respondents-Insurance company has contended that the Tribunal has committed an error in awarding excess compensation under the conventional heads and the same needs to be modified by considering the material available on record.
7. I have given my careful consideration to the rival submissions and perused the material on record.
8. As rightly contended by the learned counsel for the appellant-claimant, the Tribunal failed to consider and appreciate the Lok Adalat guidelines which stipulate that in respect of an accident that occurred in the year 2014, the notional income should be taken as Rs.8,500/- per month. Hence, taking the notional income as Rs.8,500/- per month, the appellant would be entitled to total sum of Rs.1,83,600/- (Rs.8,500/- x 12 x 18 x 10/100) towards ‘loss of future income’.
9. Having taken the notional income of Rs.8,500/- per month, the appellant would be entitled to a sum of Rs.25,500/- under the head ‘loss of income during laid up period’. The appellant is also entitled to a sum of Rs.15,000/- towards ‘food, conveyance, nourishment etc.,’ So also, the appellant- claimant is entitled to a sum of Rs.50,000/- under the head ‘loss of amenities’ in view of the injuries sustained by him in the accident.
10. Considering the above aspects and also the submission made by the learned counsel for the respondent- Insurance company, the compensation awarded by the Tribunal is reworked as hereunder:-
1 Pain and sufferings Rs.50,000/-
2 Loss of amenities Rs.50,000/-
3 Loss of income during laid up period 4 Conveyance, food, nourishment etc., Rs.25,500/- Rs,15,000/-
5 Loss of future income Rs.1,83,600/-
6 Medical expenses Rs.1,31,761/-
Total Rs.4,55,861/-
11. Thus, in all, the appellant-claimant is entitled to total compensation of Rs.4,55,861/-. Since the Tribunal has already awarded compensation of Rs.4,18,400/-, the appellant- claimant is entitled to additional enhanced compensation of Rs.37,461/- rounded off to Rs.37,500/-.
12. In view of the aforesaid discussion, I pass the following order:-
(i) Both the appeals are partly allowed.
(ii) The impugned judgment and award dated 05.11.2016 passed by the Tribunal is hereby modified.
(iii) The appellant-claimant is entitled to additional enhanced compensation of Rs.37,500/- which shall carry interest at 6% p.a. from the date of claim petition till the date of deposit.
(iv) The enhanced compensation shall be released in favour of the appellant-claimant.
Sd/- JUDGE Srl.