IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.8445 OF 2014 (MV) BETWEEN:
SRI.HANUMANTHARAYAPPA S/O JAYARAMAIAH, AGED ABOUT 31 YEARS, R/AT KORAMANGALA, MAGADI TALUK, RAMANAGARA DISTRICT. ... APPELLANT (BY SRI.SHIVAKUMAR.P., ADV.) AND:
1. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., NO.31, GROUND FLOOR, TBR TOWERS, 1ST CROSS, NEW MISSION ROAD, NEXT TO BANGALORE STOCK EXCHANGE, J C ROAD, BANGALORE-560002 REP. BY IT MANGER.
2. M/S.BAMDEV NAYAK INFRASTRUCTURE LTD, NEELADRI PLAZA, NO.74, RAJARAMMOHAN ROY ROAD, BANGALORE – 01 ... RESPONDENTS (BY SRI.B PRADEEP, ADV. FOR R1;
NOTICE TO R2 IS DISPENSED WITH V/O DTD:11.01.2018) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:15.09.2014 PASSED IN MVC NO.4744/2013 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, COURT OF SMALL CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T For the injuries suffered in the road traffic accident that took place on 25th July, 2013 wherein the appellant herein was travelling as a pillion rider on TVS XL bearing registration No.KA- 04-HC-3945, the vehicle was proceeding in care and cautious manner and when they reached Nelamangala-Kunigal Service Road, at that time the offending vehicle car bearing Registration No.KA-16-N-1000 being driven in a rash and negligent manner dashed against the moped, the impact of which the rider died on the spot and the pillion rider suffered grievous injuries. He made claim petition before the III Additional Senior Civil Judge and Motor Accident Claims Tribunal, Bangalore. The Tribunal, by its order dated 15th September, 2014 passed in MVC No.4744 of 2013 awarded compensation of Rs.1,22,700/- with interest at 8% per annum. Being not satisfied with the amount of compensation, the appellant is before this court in this appeal seeking enhancement in the compensation.
2. The learned counsel appearing for the respondent- Insurance supports the award and submits to dismiss the appeal.
3. Heard the learned counsel for the parties and gone through the award. There is some force in the submission of the learned counsel for the appellant. The injured has suffered fracture of left lateral malleoli which is a grievous injury. The accident is of the year 2013. When the claimant failed to produce any documentary proof in support of income, then the courts shall have to assess the notional income. Normally, the notional income shall be assessed taking into consideration the factors like year of accident, place of residence, number of dependents and the cost of living prevalent then. In the instant case, the accident is of the year 2013 and the injured was aged 30 years at the time of accident. Considering the age of the injured it is to be presumed that he was earning Rs.6,000/- per month to support his family. Accordingly the same is taken. The Doctor who was examined as PW4 has assessed that the injured as suffered disability in an extent of 10% to the whole body. When such is the deposition of the Doctor, the same should have been taken. Accordingly, the disability is taken at 10% instead of 6% taken by the Tribunal. Accordingly the calculation under the head loss of future income would be Rs.6,000/- x 10% x 12 x 17 which comes to Rs.1,22,400/- the same is awarded as against Rs.61,200/- awarded by the Tribunal. Considering the nature of injury it is presumed that the injured might have taken rest for three months, and accordingly, the compensation of Rs.18,000/- (Rs.6,000/- x 3) is awarded under the head lead loss of income during the laid up period.
4. Considering the pain and agony undergone by the injured, I am inclined to award another Rs.10,000/- under the head loss of amenities. Accordingly, the enhanced compensation would be Rs.2,06,900/- as against Rs.1,22,700/- awarded by the Tribunal. The enhanced compensation carries interest at the rate as is awarded by the Tribunal. Appeal is allowed in part.
lnn Sd/-
ACTING CHIEF JUSTICE