IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR M.F.A NO.5309 OF 2017 (MV) BETWEEN:
Sri. Mahammed Rijwan, S/o late Mahammed Hariff, Aged about 21 years, Resident of No.35, 2nd Cross, Belavatha Village, Mysuru City – 570 001, Presently residing at, C/o Ramesh, Belagola, Srirangapatna Taluk – 571 438. Mandya District.
… Appellant (By Sri. Harsha S.P, Advocate) AND 1. Sri.C.Rajegowda, S/o Chikkamarigowda, Major, R/o No.18/A, Kanthoor Road, Alanahalli Extension, Mysuru District – 570 001.
2. The Divisional Manager, United India Insurance Co. Ltd., Sri.Venkateshwara Plaza, No.2912, 1st Stage, Saraswathipuram, Mysuru – 570 001.
… Respondents (By. Sri. B.K.Ramakrishna, Advocate for R.2; Notice to R1 is d/w v/o dtd 05.01.2018) This MFA is filed under Section 173(1) of MV Act against the judgment and award dated 31.03.2017 passed in MVC No.846/2016 on the file of the Additional Senior Civil Judge, MACT, Srirangapatna, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This appeal coming on for Admission this day, the court delivered the following:
J U D G M E N T This appeal has been filed by the claimant challenging the impugned judgment and award dated 31.03.2017 passed by the Additional Senior Civil Judge, MACT, Srirangapatna in MVC No.846/2016 awarding a sum of Rs.2,47,885/- together with interest at 9% p.a. from the date of petition till the date of payment towards the injuries sustained by the petitioner on account of the road traffic accident that occurred on 24.04.2016.
2. Though the matter is listed for admission, 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 are not in dispute and this appeal is restricted to quantum of compensation awarded by the Tribunal.
4. The learned counsel for the appellant contended that the Tribunal committed an error in taking the notional income of the claimant as Rs.6,500/- per month instead of Rs.9,500/- per month as per the Lok Adalat guidelines. He also contended that the compensation awarded under the heads ‘loss of income during laid up period’, ‘loss of amenities’ and ‘conveyance, food and nourishment’ are highly inadequate, in as much as, having regard to the serious nature of the injuries sustained by the appellant, he is entitled to an additional compensation under these heads also.
5. The learned counsel for the respondent- Insurance company would support the impugned judgment and award passed by the Tribunal.
6. I have given my careful consideration to the rival submissions and perused the material on record.
7. As rightly contended by the learned counsel for the appellant, the Tribunal failed to consider and appreciate the Lok Adalat guidelines which stipulate that in respect of an accident that occurred in the year 2016, the notional income should be taken as Rs.9,500/- per month. Hence, taking the notional income as Rs.9,500/- per month, the appellant would be entitled to total sum of Rs.1,84,680/- (Rs.9,500/- x 12 x 18 x 9/100) towards ‘loss of future income’. Since the Tribunal has already awarded compensation of Rs.1,26,360/-, the appellant would be entitled to an additional compensation of Rs.58,320/- under this head.
8. Considering the nature of the injuries sustained by the appellant-claimant, he is entitled to additional compensation of Rs.5,000/- towards ‘loss of amenities’. So also, appellant is entitled to an additional sum of Rs.9,000/- towards ‘conveyance, food and nourishment’.
9. Having taken the notional income as Rs.9,500/- per month, I am of the view that the appellant is entitled to compensation of Rs.19,000/- under the head ‘loss of income during laid up period’. Since the Tribunal has already awarded a sum of Rs.13,000/-, the appellant-claimant is entitled to additional sum of Rs.6,000/- under this head.
10. Thus, in all, the appellant is entitled to an additional enhanced compensation of Rs.78,320/- under the following heads:-
1 Future loss of income Rs.58,320/-
2 Loss of amenities Rs.5,000/-
4 Loss of income during laid up period 5 Conveyance, food and nourishment Rs.6,000/- Rs.9,000/-
Total Rs.78,320/- rounded off to Rs.78,500/-
11. In view of the aforesaid discussion, I pass the following order:-
(i) The appeal is partly allowed.
(ii) The impugned judgment and award dated 31.03.2017 passed by the Tribunal in M.V.C.No.846/2016 is hereby modified.
(iii) The appellant-claimant is entitled to additional enhanced compensation of Rs.78,500/- which shall carry interest at 6% p.a. from the date of claim petition till realization.
(iv) The apportionment and disbursement to be done as per the impugned judgment and award passed by the Tribunal.
SD/- JUDGE NBM