IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD MFA No.2011/2017 (MVC) BETWEEN SRI. CHANDRACHAR S/O. LATE HANUMANTHACHAR, AGED ABOUT 40 YEARS, R/O. BARAGUR-572 239, SIRA TALUK, TUMKUR DISTRICT.
(BY SRI V B SIDDARAMAIAH, ADV.) AND 1. THE NEW INDIA INSURANCE CO. LTD., TUMKUR SHOPPING COMPLEX, B.H. ROAD, TUMKUR-572 101.
... APPELLANT REPRESENTED BY ITS BRANCH MANAGER.
2. SRI. B.V. HANUMANTHRAYAPPA S/O. VENKATARAMANAIAH, AGED ABOUT 43 YEARS, R/AT BADDIHALLY VILLAGE, KYATHASANDRA, TUMKUR-572 104.
... RESPONDENTS (BY SRI. K SURYANARAYANA RAO, ADV. R2- NOTICE DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.02.2014 PASSED IN MVC NO.957/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, SIRA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed by the appellant challenging the judgment and award dated 20.2.2014 passed by the Court of Senior Civil Judge & Addl. MACT, Sira in MVC 957/2012.
2. Brief facts of the case:
On 20.8.2012, at about 3.30 p.m. when the claimant was proceeding on the motorcycle bearing Registration No. KA-06-ED-1755 along with another person and when they were returning from Hemavathi Temple to their Village on Karithimmanahally to Bargur Road, near Kaligonahalli Gate, at that time, the driver of the Omni car bearing Registration No.KA-06-
M-3019 came in a rash and negligent manner and dashed against the motorcycle. As a result, he sustained injuries and immediately he was shifted to the hospital. After recovering from injuries, the claimant filed a claim petition before the Tribunal. In order to support his case, he examined himself as PW- 2, and Dr. Sridhar as PW-3, and submitted 19 documents. On the other hand, the Insurance Company neither examined any witness nor produced any documents. After appreciation of the evidence, the Tribunal granted compensation of Rs.1,87,200/- with interest at 6% p.a. Being aggrieved by the same, the present appeal is filed.
3. The learned counsel for the claimant submits that as per the wound certificate Ex.P6, the claimant has sustained fracture of medial condyle of tibia and fracture of surgical neck of humerus left. He submits that claimant was earning income of Rs.12,000/- per month. But the Tribunal has taken the income of the claimant at Rs.4,000/- per month which is on the lower side. Therefore, he prays for allowing the appeal.
4. Per contra, the learned counsel for the Insurance Company submits that the Tribunal on appreciation of oral and documentary evidence has rightly awarded just and reasonable compensation. Therefore, he prays for dismissal of the appeal.
5. Heard the learned counsel for the parties.
Perused the records.
6. It is not in dispute that the claimant had sustained the injuries mentioned in the wound certificate in a road traffic accident occurred on 20.8.2012. The claimant claims that he was earning Rs.12,000/- per month. But the same is not established by producing any documents. Therefore, the Tribunal is left with no other option, but to asses the income of the claimant notionally. In catena of cases, this Court has relied upon the Chart prepared by this Court for the purpose of deciding the matters at Lok Adalath. According to the Chart, for an accident of the year, 2012, the income should be taken notionally as Rs.7,000/- per month. Therefore, the learned Tribunal is unjustified in assessing the claimant’s income as merely Rs.4,000/- per month. Therefore, this Court enhances the claimant’s income from Rs.6,000/- to Rs.7,000/- per month. However, the Tribunal has rightly applied the multiplier of 16 and has assessed the whole body disability at 15%. The compensation under the “loss of future income” needs to recalculated. Accordingly, the "loss of future income" works out to Rs.2,01,600/- (7000 x 12 x 16 x 15%) and it is awarded as against Rs.1,15,200/- awarded by the Tribunal.
7. In view of enhancing the income of the claimant from Rs.4,000/- to Rs.7,000/- per month, the claimant is entitled for compensation of Rs.21,000/- (Rs.7,000 X 3 months) under the category of “loss of income during laid up period”.
8. For the reasons stated above, this appeal is partly allowed. The judgment and award dated 20.2.2014 passed by the Court of Senior Civil Judge & Addl. MACT, Sira in MVC 957/2012, stands modified. The claimant is entitled to receive the following compensation:
Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) Pain and sufferings 45,000 45,000 Medical and incidental expenses 5,000 5,000 Loss of amenities 10,000 10,000 Loss of income during laid up period 12,000 21,000 Loss of future income 1,15,200 2,01,600 Total 1,87,200 2,82,600 9. The Insurance Company is directed to deposit, with the learned Tribunal, the entire compensation amount, along with an interest @ 6% per annum, from the date of filing of the claim petition till the date of realization, within a period of four weeks from the date of receipt of the certified copy of this judgment excluding interest for the delayed period of 1020 days in filing this appeal. The amount so deposited shall be released forthwith to the claimant by the learned Tribunal after verifying his identity.
Sd/- JUDGE DM