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.5292 OF 2018 (MV) BETWEEN:
RAMESH NAIK S/O THIPPESH NAIK, AGED 27 YEARS, R/O KARIGANUR VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT NOW R/O SS LAYOUT, B BLOCK,4TH MAIN,3RD CROSS, DAVANAGERE - 577 001 ... APPELLANT (BY SRI.R.SHASHIDHARA, ADV.) AND:
1. RAJAKUMAR T.S.
S/O SOMASHEKHARAPPA, AGE 27 YEARS, DRIVER OF BUS BEARING NO. KA-01/AB-0209 R/O SHANKLIPUR VILLAGE, HONNALI TALUK - 577 217 2. MALLIKARJUNA K.N. S/O NAGAPPA , OWNER OF BUS BEARING NO. KA-01/AB-0209 R/O 2ND MAIN,5TH CROSS, K.T.J.NAGAR, DAVANAGERE-01 3. THE LEGAL MANAGER, IFFCO-TOKIO GENERAL INSURANCE CO. LTD., # 7/432, LAWYER ROAD, K B BADAVANE, DAVANAGERE - 577 001 ... RESPONDENTS (BY SRI.E.I.SANMATHI, ADV. FOR R3;
NOTICE TO R1 & R2 ARE DISPENSED WITH V/O DTD: 28.03.2019) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:20/02/2018, PASSED IN MVC NO.251/2017, ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE & V-ADDITIONAL MACT, DAVANAGERE, 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 For the injuries suffered in the road traffic accident that took place on 07th October, 2015, the injured made a claim petition before the Moor Accident Claims Tribunal, Davanagere. The Tribunal, by its judgment and award dated 20th February 2019 passed in MVC No.251 of 2017 awarded compensation of Rs.1,99,139/- with 8% interest per annum from the date of claim petition till its realisation. Being not satisfied with the compensation award, the appellant is before this court in this appeal, seeking enhancement.
2. The learned counsel for the appellant submits that the Tribunal has erred in awarding meager compensation under the head pain & suffering and under the head medical expenses. He submits that though the records show that the claimant has spent more than Rs.2,00,000/- towards medical expense, the Tribunal has awarded only Rs.15,219/- which is very meager. Though the appellant has stated in the claim petition that he was earning more than Rs.20,000/- per month, the Tribunal disbelieved the same and has taken the income at Rs.8,000/- per month which is on the lower side. Hence, the learned counsel prays that the compensation be enhanced suitably.
3. The learned counsel for the respondent-Insurer supports the award of the Tribunal and submits that the Tribunal has awarded just and proper compensation based on the oral evidence and documentary evidence placed before it and there is no ground for interference in this appeal. Hence, he submits to dismiss the appeal.
4. Heard the learned counsel for the parties and gone through the judgment and award of the Tribunal. There is some force in the submission of the learned counsel for the appellant. In the cases where income is not proved by producing sufficient documentary evidence, then the Courts shall take the notional income. The notional income shall be assessed on the basis of year of accident, place of residence, cost of living prevalent then, etc. In the case on hand, the accident is of the year 2015. With relevance to the year of accident, this court normally assess the monthly income at Rs.9,000/-. Accordingly the same is assessed in this case also. The Tribunal has taken the disability to the whole body at 6%. Considering the evidence of Doctor, the same is required to be taken at 10%. Accordingly, the loss of future earning works out to Rs.9,000/- 12 x 18 x 10% comes to Rs.1,94,400/-. The same is awarded as against Rs.97,920/- awarded by the Tribunal. With the nature of injury suffered by the appellant, he might have taken three months bed rest. Hence, the loss of income during the laid up period would be Rs.27,000/-. The same is to be awarded as against Rs.16,000/- awarded by the Tribunal. In addition to what has been awarded by the Tribunal, I am inclined to award another Rs.15,000/- each under the heads pain & suffering and loss of amenities. The amount to be enhanced shall also carry interest at the rate as is awarded by the Tribunal. In that view of the matter, a global compensation of Rs.1,60,000/- is awarded in addition to what has been awarded by the Tribunal. Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn