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.1853/2016 (MV) BETWEEN:
SOMASHEKAR @ SUNIL GOWDA S/O SIDDEGOWDA, AGED ABOUT 37 YEARS, R/AT DEVARAHOSAHALLI CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 571 501. ... APPELLANT. (BY SRI.SHASHIDHARA R, ADV.) AND:
1. SHIVAKUMAR C. M S/O MARISWAMY GOWDA, MAJOR, R/O CHIKKANADODDI VILLAGE, ABBUR POST, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 120.
2. IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD., NO.35, ABOVE REEBOK SHOW ROOM, KUVEMPUNAGAR, NEAR AKSHAYABANDAR, MYSORE - 570 023. ... RESPONDENTS (BY SRI.D VIJAYKUMAR, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:27.11.2015 PASSED IN MVC NO.170/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, & JMFC, ADDITIONAL MACT, CHANNAPATTANA, 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 in the road traffic accident on 11th April 2013, in the claim petition filed by the petitioner before the Motor Accident Claims Tribunal, Chennapattana, the Tribunal by its order dated 27th November 2015, passed in MVC No.170 of 2013, awarded compensation of Rs.2,55,300/. Being not satisfied with the compensation awarded, the appellant is before this Court in this appeal.
2. The learned counsel appearing for the appellant submits that the compensation awarded is on the lower side. He also submits that disbelieving the statement of the claimant that he was earning Rs.8,000/- per month, the Tribunal has taken it at Rs.4,500/- which is an error and hence seeks enhancement in the compensation.
3. The learned counsel appearing for the respondent- Insurance Company submits to dismiss the appeal.
4. This court, taking into consideration the year of accident, assesses the notional income where the income is supported by any documentary proof or evidence. In the instant case, the accident is of the year 2013. The income is to be assessed at Rs.8,000/-. Accordingly, the calculation would be Rs.8,000/- x 12 x 10% x 17 which comes to Rs.1,63,200/-. The same is awarded under the head permanent disability as against Rs.91,800/- awarded by the Tribunal. Considering the income of the appellant at Rs.8,000/- per month, another Rs.10,500/- is awarded under the head loss of earning. The Tribunal has not awarded any amount towards food, nourishment and attendant charges. In the facts and circumstances of the case, an amount of Rs.10,000/- is awarded under the said head. The enhanced compensation carries interest at the rate as is awarded by the Tribunal. Appeal is allowed in part.
lnn Sd/- JUDGE