IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR M.F.A.NO.2032 OF 2018(MV) BETWEEN SHARATH S/O PANDU NAIK AGED ABOUT 23 YEARS OCC: AUTO DRIVER R/O 486/1, S.A. RAVINDRANATH NAGAR VIMANAMATTI NERA BYPASS BESIDE CHANNAL, DAVANAGERE CITY. (BY SMT.SARITHA KULKARNI, ADVOCATE) AND 1. MURUGESH T.B S/O BASAVARAJPPA T. 42 YEARS R/O KULAMBI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT – 577 001.
2. BASARAJAPPA.T S/O VEERAPPA, 72 YEARS R/O KULAMBI VILLAGE HONNALI TALUK, DAVANAGERE DISTRICT – 577 001.
…APPELLANT 3. THE MANAGER THE NEW INDIA ASSURANCE CO.LTD., R.K.ARCHADE, OPP VALI MEDICAL STORE VIDYARTHI BHAVAN DAVANAGERE – 577 001.
…RESPONDENTS (BY SRI. O.MAHESH, ADVOCATE FOR R-3 R-1 & R-2 NOTICE IS DISPENED WITH) THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 03.10.2017 PASSED IN MVC NO. 438/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE MEMBER AND MACT-IV, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal has been filed by the claimant challenging the impugned judgment and award dated 03.10.2017 passed by the learned Principal Senior Civil Judge and IV Addl.MACT, Davangere in M.V.C.No. 438/2016 awarding a sum of Rs.4,59,980/- together with interest at 8% p.a., from the from the date of petition till the date of payment towards the injuries sustained by the petitioner on account of the road traffic accident that occurred on 15.01.2016 due to rash and negligent driving of the Swift car bearing No.KA-17-N-8299.
2. Though the matter is listed for admission, with the consent of learned counsel for the parties, the matter is taken up for final disposal.
3. 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 and this appeal is restricted to quantum of compensation awarded by the Tribunal.
4. Learned counsel for the appellant submits that the Tribunal committed an error in taking the notional income of the appellant as Rs.8,000/- instead of Rs.9,500/- p.m., as per the Lok Adalath guidelines since the accident occurred in the year 2016. It was contended that having regard to the grave and serious nature of the injuries sustained by the appellant in the accident, the Tribunal committed an error in awarding only a sum of Rs.10,000/- towards loss of amenities and that the same requires enhancement by this Court.
5. Per contra, learned counsel for Respondent No.3- Insurance Company would support the impugned order.
6. I have given my anxious consideration to the rival submissions and perused the material on record.
7. As rightly contended by the learned counsel for the appellant, the Tribunal erred in taking the notional income of the appellant as Rs.8,000/- p.m., instead of Rs.9,500/- p.m., in view of the Lok Adalath guidelines since the accident occurred in the year 2016. Accordingly, the appellant would be entitled to Rs.9,500/- x 12 x 18 x 16/100 = 3,28,320/- towards loss of future earnings.
8. The Tribunal having awarded a sum of Rs.2,76,480/- under the head loss of future earnings, the appellant would be entitled to an additional compensation of Rs.51,840/- under this head.
9. Learned counsel for the appellant is also right in contending that consequent to taking the notional income as Rs.9,500/- p.m., the appellant would be entitled to a sum of Rs.28,500/- being the loss of income during laid up period of three months. Hence, the appellant would be entitled to an additional sum of Rs.4,500/- towards loss of future income during laid up period. The compensation awarded under the other heads is not disturbed.
10. The Tribunal, on assessment of the entire material on record, awarded a total compensation of Rs.4,59,980/- together with interest at the rate of 8% p.a., from the date of petition till the date of deposit.
11. In view of my findings supra, the appellant would be entitled to an additional enhanced compensation of Rs.56,340/- (Rs.51,840/- + Rs.4,500/-) together with interest at 6% p.a. from the date of petition till realization.
12. In view of the aforesaid discussion, I pass the following order:-
(i) The appeal is partly allowed.
(ii) The appellant-claimant is entitled to enhanced compensation of Rs.56,340/- which shall carry interest at 6% p.a. from the date of petition till realization.
(iii) The apportionment and disbursement to be done as per the impugned judgment and award passed by the Tribunal.
Sd/- JUDGE bnv