IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L.NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.5683 OF 2017 (MV) BETWEEN:
SRI.GANESH NAIK @ GANAPATI NAIK S/O BABANNA NAIK, AGED ABOUT 30 YEARS, R/O TADAGALLU, NACHARU GRAMA AND POST, UDUPI TALUK AND DISTRICT - 576 101 ... APPELLANT (BY SRI.NAGARAJA HEGDE, ADV.) AND:
1. SRI.SHANKAR NAIK S/O RAMA NAIK, AGED ABOUT 35 YEARS, R/O GANAPATI NILAYA, HORIGUNDI, NANCHARU - 576 101 UDUPI TALUK & DISTRICT.
2. IFFCO TOKIO GENERAL INSURANCE CO., LTD., BRANCH OFFICE, 3RD FLOOR, LALBAGH TOWERS, M.G.ROAD, MANGALURU - 575 003 REP. BY ITS BRANCH MANAGER ... RESPONDENTS (BY SRI.B.PRADEEP, ADV. FOR R2; R1 IS SERVED ) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:23.02.2016 PASSED IN MVC NO.815/2014 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE AND M.A.C.T, UDUPI (SITTING AT KUNDAPURA) AT KUNDAPURA. 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 In the accident that took place on 04th September 2013, the claimant sustained injuries and hence he made claim petition before the Motor Accident Claims Tribunal, Udupi. The Tribunal, by its judgment and award passed in MVC No.815 of 2014 awarded compensation of Rs.2,44,500/- with interest at 8% per annum from the date of petition till the date of deposit. Being not satisfied with the compensation awarded, the appellant is before this court, seeking enhancement.
2. The learned counsel appearing for the appellant submits that the compensation awarded by the Tribunal is disproportionate to the actual loss and damage caused to the appellant. He submits that though the petitioner in is evidence has stated that he was earning Rs.12,000/- per month, the Tribunal has disbelieved the same and has assessed the income at Rs.6,000/- per month which is on the lower side. He further submits that though the Doctor has opined that Rs.20,000/- towards for future medical treatment the Tribunal has erred in awarding only Rs.10,000/-. He also submits that the compensation awarded under other heads is also on the meager side and hence prays that the compensation to be enhanced suitably.
3. The learned counsel appearing for the respondent- Insurer submits that the Tribunal has awarded just and proper compensation based on the material and documentary evidence placed before it and there is no ground for enhancement and hence prays to dismiss the appeal.
4. Heard the learned counsel for the parties and gone through the judgment and award. In the cases where income is not proved by producing any document to that effect, the courts shall take the notional income based on the year of accident and relevant factors like cost of living, place of residence etc. In the instant case, the accident is of the year 2013. With relevance to the accident of 2013, this court normally assess the notional income at Rs.8,000/-. Accordingly the same is taken. Hence, the compensation under the head loss of future earnings comes to Rs.8,000/- x 12 x 10 x 17% = Rs.1,63,200/-. The same is awarded as against Rs.1,22,400/- awarded by the Tribunal. Taking the income at Rs.8,000/- per month, the compensation under the head loss of earning during the laid up period is enhanced by another Rs.2,000/-. As the Doctor has opined that the injured has to spend Rs.20,000/- towards future medical expenses and the fact that the Tribunal has awarded Rs.10,000/-
, I am inclined to award Rs.5,000/- in addition what has awarded by the Tribunal. Considering the fact that the injured has to suffer the pain for the rest of his life, an amount of Rs.15,000/- each is awarded under the heads, Pain & Suffering and Loss of amenities in life. An amount of Rs.5,000/- is awarded in addition to what has been awarded by the Tribunal, under the head Conveyance, food and nourishment. The compensation awarded by the Tribunal under other heads remains unaltered. In the result, the total enhanced compensation would be Rs.88,800/-. The same shall carry interest at the rate of 6% per annum from the date of petition till the date of realisation. Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn