IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO. 8140 OF 2017 (MV - I) BETWEEN:
SRI. EKANTHA @ EKANTHAPPA S/O REVANASIDDAPPA AGED ABOUT 33 YEARS OCC: AGRICULTURIST R/O MAHURE VILLAGE HOSADURGA TALUK CHITRADURGA DISTRICT.
(BY SRI. JAGADEESH.D.C, ADVOCATE) AND 1. SRI. E. V. SHEETHAL KUMAR S/O VAJRAPPA AGED ABOUT 50 YEARS R/O VIJAYANAGARA EXTENSION HOSADURGA CHITRADURGA DISTRICT.
2. THE BRANCH MANAGER IFFCO-TOKIO, GENERAL INSURANCE CO LTD C/O PCA AND RD BANK LTD., D.NO.7/432, K B EXTENSION LAWYER ROAD DAVANAGERE – 577 002.
... APPELLANT ... RESPONDENTS (BY SRI. E.I.SANMATHI, ADVOCATE FOR R2 NOTICE TO R1 DISPENSED WITH VIDE ORDER DATED 4.4.2019) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 26.07.2017 PASSED IN MVC NO.1303/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT AT HOSADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Heard learned counsel for the parties.
2. For the injuries suffered in a road traffic accident on 07.05.2016, on the basis of the claim petition, the Tribunal awarded Rs.2,60,660/-.
3. The grounds taken for enhancement of compensation is that the income of the claimant should have been taken at Rs.12,000/-p.m. as against 6,000/-p.m. and the compensation awarded under the heads conveyance, nourishment and attendant charges are on the lower side. No compensation is awarded under the head of future medical treatment as per the doctor it is required to remove the rod which was inserted.
4. The learned counsel for the respondent submits to dismiss the appeal, since the compensation awarded by the tribunal is just and proper and does not call for any enhancement.
5. The income assessed for the purpose of awarding compensation is at Rs.6,000/- p.m. The claimant relied upon Exs.P.50 and P.51 two RTCs and stated that being agriculturist he was earning Rs.10,000/- p.m. whereas the same has been disputed.
6. This Court is consistently taking the income on the basis of the year of accident price index, life style and cost of living etc., The year of accident is 2016. Hence, I propose to take the income of the injured at Rs. 10,000/-p.m. in place of Rs.6,000/- p.m. Hence the calculation has to be done as follows: Rs.10,000 X 12 X 16 X 8/100= Rs.1,53,600/-. The same is awarded under the head of loss of future earning. Consequently compensation under the head of loss of earning during the laid up period requires to be enhanced by taking income at Rs.10,000/- p.m for 6 months which comes to Rs.60,000/-; another Rs.25,000/- is awarded towards food, nourishment, conveyance and attendant charges in addition to Rs.5,000/- ; No compensation is awarded under the head future medical treatment hence, Rs.25,000/- is awarded under the said head. Compensation awarded under the heads, pain and sufferings- Rs.45,000/-, loss of amenities etc., - Rs.40,000/- and medical expenses - Rs.66,500/- remains unaltered. In all Rs.1,59,440/- is awarded in addition to what has been awarded by the tribunal.
7. Accordingly, the appeal is allowed in part. The judgment and award of the Tribunal is modified. The amount of compensation is enhanced by Rs.1,59,440/-, which shall carry interest @ 6% p.a.
The amount in deposit, if any, is directed to be transmitted to the MACT.
Sd/-
ACTING CHIEF JUSTICE HR