IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.10257 OF 2012 (MV) BETWEEN:
SHARATH KUMAR AGED ABOUT 22 YEARS, S/O SHEKHAR POOJARY, BARKURU POST, KACHOOR VILLAGE, UDUPI TALUK ... APPELLANT (BY SRI.PAVANA CHANDRA SHETTY H, ADV.) AND:
1. ASHA SHETTY MAJOR, W/O AKSHAYA HEGDE, NEERJADDU, HEGGUNJE VILLAGE.
2. RELIANCE GENERAL INSURANCE COMPANY LIMITED OPP: HEAD POST OFFICE, UDUPI REPRESENTED BY ITS AUTHORISED OFFICER.
... RESPONDENTS (BY SRI.D VIJAYAKUMAR, ADV. FOR R2;
NOTICE TO R1 IS DISPENSED WITH V/O DTD:11.12.2013) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:21.07.2012 PASSED IN MVC NO.794/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR HEARING THIS DAY, ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
J U D G M E N T For the injuries suffered in the road traffic accident that took place on 17TH June 2011 the injured filed claim petition before the Presiding Officer, Fast Track Court, Udupi. The Court below by its order dated 21st July 2012, passed in MVC No.794 of 2011 awarded compensation of Rs.1,32,720/-. Against the same, this appeal is filed seeking enhancement in the compensation.
2. The ground urged is with regard to taking of the income. The learned counsel for the appellant submits that with reference to the accident, though it is claimed that the injured was earning an income of Rs.8,000/- per month, the Tribunal has assessed the same at Rs.3,000/- which is on the lower side. He also submits that the compensation awarded under other heads also needs enhancement.
3. Heard the learned counsel for the parties. We have gone through the records placed before us. Though the income has not been proved, but with relevance to the year of accident, which 2011 in the instant case, this court consistently assess the income at Rs.6,500/- per month and the same is taken in the instant case. Accordingly the calculation would be Rs.6,500/- x 12 x 12% x 18 = Rs.1,68,480/- the same is awarded under the head future loss of income as against Rs.54,720/- awarded by the Tribunal. Considering the agony undergone by the claimant Rs.15,000/- is awarded under the head pain and suffering in addition to what has been awarded by the Tribunal. Taking the income at Rs.6,500/- per month Rs.19,500/- is awarded under the head loss of income during the laid up period as against Rs.12,000/- awarded by the Tribunal. The compensation awarded by the Tribunal under other heads remain undisturbed.
4. In the result, appeal is allowed in part. Enhanced income carries interest at the rate as is awarded by the Tribunal.
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ACTING CHIEF JUSTICE lnn Sd/- JUDGE