IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR JUSTICE L.NARAYANA SWAMY MFA NO.7208 OF 2015 (MV - I) BETWEEN:
SRI. M.B. MALIKARJUN S/O BASAVARAJAPPA AGED ABOUT 33 YEARS SUPERVISOR MAHARAJA INDUSTRIES FACTORY NOW NIL, PRESENT D.NO.532, S.O.G. COLONY, ‘B’ BLOCK DAVANAGERE – 577 002 ... APPELLANT (BY SRI.MALLIKARJUN G. CONTRACTOR, ADV.) AND:
1. B.P. RAVIKUMAR S/O PARASHURAMAPPA AGED ABOUT 33 YEARS DRIVER OF HONDA C.D. DELUX BEARING REG. NO. KA-17/W-8754 R/O RAMAGONDANAHALLI VILLAGE DAVANAGERE TALUK AND DISTRICT – 577 512 2. SMT. RENUKA R.W W/O THIPPESWAMY S OWNER OF HONDA C.D.DELUX BEARING REG.NO.KA-17/W-8754 R/O HUVINAMADU VILLAGE DAVANAGERE TALUK – 577 512 3. NATIONAL INSURANCE CO. LTD REPRESENTED BY ITS DIVISIONAL MANAGER ‘MELAGIRI PLAZA’ DENATAL COLLEGE ROAD M.C.C., ‘B’ BLOCK DAVANAGERE – 577 512 ... RESPONDENTS (BY SRI.ASHOK N PATIL, ADV. FOR R3; R1 AND R2 SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.06.2015 PASSED IN MVC NO.58/2014 ON THE FILE OF THE 3RD ADDITIONAL SENIOR CIVIL JUDGE AND 7TH MACT, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR FURTHER ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The appellant has suffered accidental injury on 14.08.2013. The doctor has deposed that the injured has suffered 20% disability. The only ground urged by the appellant is with regard to income for the purpose of awarding compensation under the head loss of future income.
2. It is the submission of learned counsel for the respondent No.2 to dismiss the appeal as the compensation awarded by the Tribunal is just compensation.
3. Heard the learned counsel on both sides.
4. The appellant has suffered fracture of left maxilla with zygomatic arch, abrasion over dorsum of left hand and thereby he was admitted to the SSIMS hospital for treatment. He was inpatient for 8 days. The Tribunal has assessed the income at Rs.6,000/- p.m.
5. In the facts and circumstances of the case, notional income of the claimant is assessed at Rs.8,000/-. Accordingly, the loss of future income would be Rs.8,000x12x16x6% = Rs.92,160/- and the same is awarded against Rs.69,120/- awarded by the Tribunal and the difference comes to Rs.23,040/- (Rs.92,160/- - Rs.69,120/-).
6. Under the head loss of amenities and discomfort altogether Rs.20,000/- is awarded in addition to what has been awarded by the Tribunal.
7. The compensation awarded on all other heads is just and proper and there is no need to interfere with the same.
8. Appeal is allowed in part. The appellant is entitled to total compensation of Rs.1,47,160/- as against the compensation awarded by the Tribunal at Rs.1,04,120/- which shall carry interest at the rate of 6% p.a., from the date of petition till the date of realization.
Sri.Ashok N.Patil, learned counsel is permitted to file the vakalath within two weeks for respondent No.3.
Sd/- JUDGE GH