IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR M.F.A.NO.3390 OF 2017(MV) BETWEEN SRI J.D.KUMAR S/O DEVEGOWDA AGED 47 YEARS R/AT JAMBOORU VILLAGE NUGGEHALLI HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573201 ...APPELLANT (BY SRI BYRA REDDY G.S., ADVOCATE FOR SMT.KAVITHA H C, ADVOCATE) AND 1. SRI B N LOKESH S/O NAGARAJU MAJOR R/AT BUVANAHALLI VILLAGE & POST NUGGEHALLI HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573201 (OWNER OF THE BAJAJ DISCOVER BIKE BEARING NO.KA-13-X-5063) 2 . THE MANAGER UNITED INDIA INSURANCE CO LTD. MYSORE ROAD, 1ST FLOOR MADHU COMPLEX CHANNARAYAPATNA TOWN CHANNARAYAPATNA TALUK HASSAN DISTRICT-573201 …RESPONDENTS (BY SRI JANARDHANA REDDY, ADVOCATE FOR R2; R1 IS DISPESED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 17.08.2016 PASSED IN MVC NO.847/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC CHANNARAYAPATNA, 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:
JUDGMENT This appeal has been filed by the appellant-claimant aggrieved by the impugned judgment and award dated 17.08.2016 passed by the Senior Civil Judge and JMFC, Channarayapatna, in MVC.No.847/2015 (hereinafter referred to as ‘Tribunal’ for short) whereby the Tribunal has awarded a total compensation in a sum of Rs.3,40,008/- in favour of the appellant together with interest at 9% p.a. from the date of claim petition till realization towards the injuries sustained by the claimant-appellant in a road traffic accident that occurred on 14.12.2015.
2. Though the matter is listed for orders, with the consent of learned counsel for the parties, the matter is taken up for final disposal.
3. Both the counsels submit that the occurrence of accident as well as the coverage of the policy of the offending vehicle by the Insurance Company is not in dispute and this appeal is restricted to quantum of compensation awarded by the Tribunal.
4. Learned counsel for the appellant-claimant submits that the Tribunal committed an error in taking notional income of the appellant-claimant as Rs.7,500/- p.m. instead of Rs.9,000/- p.m. as per the Lok Adalat guidelines in view of the undisputed fact that the accident occurred in the year 2015, the income should be taken as Rs.9,000/- p.m. It is therefore submitted that the appellant would be entitled to enhanced compensation under the head ‘loss of future income’.
5. It is also contended that upon taking the notional income as Rs.9,000/- p.m. as stated supra, the appellant-claimant would be entitled to additional enhanced compensation under the head ‘loss of earning during laid up period. Lastly, it is contended that the compensation awarded under the head ‘food, nourishment and attendant charges etc.’ is inadequate and meager and same requires enhancement.
6. Per contra, the learned counsel for the respondent No.1 would support the impugned order.
7. I have given my anxious consideration to the rival submissions of the learned counsel appearing for the parties and perused the material on record.
8. As rightly contended by the learned counsel for the appellant-claimant that the Tribunal committed an error in taking the notional income of the appellant-claimant as Rs.7,500/- p.m. instead of Rs.9,000/- p.m. as per the Lok Adalat guidelines in view of the undisputed fact that the accident occurred during the year 2015. Accordingly, the appellant-claimant would be entitled to Rs.1,51,200/- under the head ‘loss of future income’ as hereunder:
9000x12x14x10/100 = Rs.1,51,200/-
The Tribunal having already awarded a sum of Rs.1,23,858/- under this head and consequently, the appellant-claimant would be entitled to an additional enhancement compensation in a sum of Rs.27,342/- under the head ‘loss of future income.
9. Having come to the conclusion that the notional income of the appellant-claimant is to be taken as Rs.9,000/- p.m., the appellant would be entitled a sum of Rs.27,000/- under the head ‘loss of earning during laid up period. The Tribunal having awarded Rs.15,000/- under this head, the appellant –claimant would be entitled to Rs.12,000/- towards ‘loss of future income during laid up period’.
10. The Tribunal committed an error in awarding only a sum of Rs.20,000/- towards ‘food, nourishment and attendant charges etc.’ and the same requires enhancement by a sum of Rs.5,000/-.
11. Thus, the appellant-claimant would be entitled to additional enhanced compensation of Rs.44,342/- together with 6% interest from the date of claim petition till realization as here under:
12. In view of the aforesaid discussion, I pass the following order:-
(i) The appeal is partly allowed.
(ii) The impugned judgment and award dated 17.08.2016 passed by the Senior Civil Judge and JMFC, Channarayapatna, in MVC.No.847/2015 is hereby modified.
(iii) The appellant-claimant would be entitled to additional enhanced compensation of Rs.44,342/- together with 6% interest from the date of claim petition till realization.
(iv) The additional enhancement compensation amount is directed to be released in favour of the appellant-claimant.
Sd/- JUDGE SSD