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 MISCELLANEOUS FIRST APPEAL No.6348 OF 2015 (MV) BETWEEN:
SHIVARAMU @ SHIVARAMEGOWDA AGED ABOUT 43 YEARS, S/O LATE NINGEGOWDA, R/AT GUDDENAHALLI VILLAGE, KASABA HOBLI K.R. PET TALUK, MANDYA DISTRICT - 571 426 ... APPELLANT (BY SRI.P NATARAJU, ADV.) AND:
1. SMT. RATNAMMA AGED ABOUT 48 YEARS, W/O DEVARAJU, R/AT GUDDENAHALLI VILLAGE, KASABA HOBLI K.R. PET TALUK, MANDYA DISTRICT – 571 426 2. THE BRANCH MANAGER IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD, NO.846, NEW KANTHARAJ URS ROAD, AKSHYBHANDAR, KUVEMPU NAGAR, MYSORE -570 009 ... RESPONDENTS (BY SRI. D S SRIDHAR, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.10.2014 PASSED IN MVC NO.878/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, K.R.PET, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T For the injuries suffered by the claimant in the accident that took place on 14th June 2011 the injured made claim petition before the Motor Accident Claims Tribunal, K.R. Pet; and the Tribunal, by its award dated 01st October 2014 passed in MVC No.878 of 2012 awarded the compensation of Rs.2,39,215/-.
2. As per the wound certificate, the claimant has suffered contusion of 2cm x 2 cm on the front of the left middle thigh, abrasion of ½ cm x ½ cm on the frond of the middle thigh; and fracture of left femur. The Doctor who was examined as deposed that the injured has suffered 15% disability to the whole body. The claimant claims that he was earning Rs.10,000/- per month but the Tribunal has disbelieved the same and assessed the income at Rs.4,000/- without assigning any reasons.
2. Heard the learned counsel for the claimant. In the facts and circumstances of the case, the notional income has to be assessed with relevance to the year of accident. In the case on hand, the accident is of the year 2011; and accordingly, the income is to be assessed at Rs.6,500/- per month. Hence, the calculation would be Rs.6,500/- x 12 x 15 x 16% which comes to Rs.1,87,200/-. The same is awarded under the head loss of income as against Rs.1,15,200/- awarded by the Tribunal. The compensation awarded by the Tribunal under other heads remain undisturbed. The enhanced amount carries interest at the rate as is awarded by the Tribunal. Appeal is allowed in part.
Sd/- JUDGE lnn