IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR.JUSTICE S.G.PANDIT M.F.A.NO. 2745 OF 2014 (MV) BETWEEN:
Sri. Dasappa S/o. Late Narayanappa, Age: 60 years, Occ: Cutter, No.35, Giddappana Halli, Sulibele, Hosakote Taluk, Bengaluru District-562 114. ... Appellant (By Smt.Sunitha B.H.,Advocate for Sri.Suresh.M., Advocate) AND:
1. Sri. Lakshmana S/o Venkateshappa, No.30, Gangasandra Post, Malur Taluk, Kolar District-563 101.
2. The Regional Manager, Shriram General Insurance Co., Ltd., 3rd floor, Monarch Chambers, Infantry Road, Bengaluru-560 001. ... Respondents (By Sri. H.N.Keshava Prashant, Advocate for R2; Notice to R1 is d/w. v/o. dated 12.01.2015) This MFA is filed under Section 173(1) of MV Act against the Judgment and Award dated 03.02.2014 passed in MVC No.506/2012 on the file of XVIII Additional Judge, Court of Small Causes, Member, MACT-4, Bengaluru, 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:
J U D G M E N T The appellant/claimant is before this Court not being satisfied with the quantum of compensation awarded under the judgment and award dated 03.02.2014 in M.V.C.No.506/2012 on the file of Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru, SCCH-4. The appellant/claimant filed claim petition under Section 166 of the Motor Vehicles Act, 1988 for grant of compensation for injuries suffered due to road traffic accident on 07.11.2011.
2. It is stated that when the appellant was travelling on a motor cycle bearing Registration No.KA-05-EK-5980, the driver of the lorry bearing registration No.KA-16-A-9096 came from opposite direction in a high speed, in a rash and negligent manner dashed against the motor cycle, due to which the claimant suffered grievous injuries. As on the date of the accident, the claimant was aged about 60 years and he was a wood cutter, earning Rs.7,500/- per month.
3. On service of summons, respondent Nos.1 and 2 appeared before the Tribunal and filed their statement. The respondent No.2-Insurance Company contended that the driver of the offending vehicle had no valid and effective driving licence as on the date of the accident. The claimant himself examined as PW.1 and examined Doctor as PW.2 and also got marked Exs.P1 to P12. The Tribunal based on the material on record, awarded a compensation of Rs.2,71,000/- with 6% rate of interest on the various heads as follows:-
4. The claimant/appellant not being satisfied with the quantum of compensation is before this Court.
5. Heard the learned counsel for the appellant and the learned counsel for respondent No.2– Insurance Company.
6. The learned counsel for the appellant would submit that the accident is of the year 2011. The claimant was working as a wood cutter and earning a sum of Rs.7,500/- per month, but the Tribunal committed an error in taking the appellant’s income at Rs.5,000/- p.m., for the purpose of determination of compensation. Further, learned counsel for the appellant submits that the compensation granted on various heads is on the lower side and the Tribunal has not awarded any compensation under the head of ‘food and nourishment’.
7. Per contra, the learned counsel for the respondent-Insurance Company submitted that the compensation awarded by the Tribunal is just and proper, needs no interference.
8. The accident is of the year 2011. The accident involving motor cycle bearing Registration No. KA-05-EK-5980 and the lorry bearing Registration No.KA-16-A-9096 and the accidental injuries suffered by the claimant/appellant is not in dispute in this appeal. The Insurance Company has accepted the judgment and award. The claimant/appellant has stated that he was earning Rs.7,500/- per month as a wood cutter. The Tribunal has taken ‘notional income’ of the claimant/appellant at Rs.5,000/- per month. In the absence of any document to indicate the exact income of the claimant, this Court and the Lok Adalath would take the ‘notional income’ while determining the compensation for the accidents of the year 2011 at Rs.6,500/-. Hence, it is appropriate to determine the ‘notional income’ of the claimant/appellant at Rs.6,500/- per month for determination of compensation on the head of ‘loss of future earnings’.
9. The Tribunal has taken the whole body disability at 20%. The doctor who was examined before the Tribunal had opined that the claimant has suffered 50% disability of the right lower limb and 25% to the whole body disability. Taking note of the same, the Tribunal has assessed whole body disability at 20%. Thus, the claimant would be entitled for compensation on the head of ‘loss of future earnings’ at 6,500 x 12 x 9 x 20% = 1,40,400/- as against Rs.1,08,000/- awarded by the Tribunal. As the income of the claimant is determined at Rs.6,500/-, he would be entitled for another Rs.4,500/- on the head of ‘loss of earnings during the period of treatment’. The Tribunal has not awarded any compensation on the head of ‘food and nourishment’. It is appropriate to award a sum of Rs.10,000/- on the said head. Thus, the claimant would be entitled for enhanced compensation of Rs.46,900/- which is rounded of to Rs.47,000/- with interest at the rate of 6% as awarded by the Tribunal.
Accordingly, the judgment and award is modified to the above extent.
Sd/- JUDGE SJK