IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER 2017 BEFORE THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.4422/2015 (MV) BETWEEN SRI. MANJU@MANJUNATH POOJARY S/O LATE BACCHU POOJARY AGED ABOUT 49 YEARS, R/O KEREMANE, VADERHOBLI VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT – 576 201. ... APPELLANT (BY SRI. NAGARAJ H.R., ADV) AND THE DIVISION CONTROLLER, K.S.R.T.C., MANGALORE-575017, DAKSHINAKANNADA DISTRICT. ... RESPONDENT (BY SRI. P.M. NAWAZ., ADV) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 20.02.2015 PASSED IN MVC NO.1110/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ‘ADMISSION’ THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Appeal filed by the injured claimant as against the judgment and award dated 20.02.2015 in MVC No.1110/2013 passed by the Senior Civil Judge and Member, Additional Motor Vehicle Accident Claims Tribunal, Kundapura, seeking enhancement. The Tribunal has awarded compensation of Rs.3,01,790/- along with interest at 6% p.a. The accident is of the year 2013.
2. Heard the learned counsel for both the parties.
3. Learned counsel for the appellant contends that the compensation awarded by the Tribunal on the head loss of future earning is on the lower side. The Doctor PW-
3 has deposed that the appellant has suffered 30% injuries. However, the Tribunal has taken the same as 18%.
4. The only area in which interference for enhancement of compensation is under the head of loss of future earning capacity. The Tribunal has assessed the income for the purposes of awarding the compensation under the said head is Rs.5,000/- p.m. Whereas, the amount claimed is Rs.12,000/- p.m. as he was working as a coolie. The notional income of the injured is to be assessed. Keeping in view the year of accident, place, occupation and number of dependants, in this case the income of the appellant has to be taken at Rs.8,000/- p.m. Accordingly, the same requires to be considered for the present case as the appellant suffered 30% on limbs and the Tribunal has assessed 18% disability. Considering the Medical evidence and deposition of the claimant, I am of the view that the compensation awarded by the claims Tribunal is on the lower side and requires enhancement under the head of loss of future earning capacity. Hence, the calculation is 8,000x12x18%x14=Rs.2,41,920/- as loss of future earning capacity as against Rs.1,40,400/- awarded by the Tribunal.
5. Compensation awarded by the Tribunal under the other heads shall remain unaltered.
Accordingly, the appeal is allowed in part.
Deposit and release of the amount shall be as per the award passed by the Tribunal.
Chs* Sd/- JUDGE