IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY M.F.A. No.755/2015[MV] BETWEEN :
SRI. MUTHARAJU R.L., S/O LINGAIAH, AGED ABOUT 31 YEARS, R/O. RAJEGOWDANADODDI, MADDUR TALUK, MANDYA DISTRICT – 571 401. (BY SRI. MARIGOWDA, ADV.) AND :
1. SRI. UMESHA, S/O LATE BYRAPPA, AGED ABOUT 46 YEARS, R/AT NO. 267, RAJEEVGANDHIPURA VILLAGE AND POST, RAMANAGARA TALUK – 571 511. RAMANAGARA DISTRICT.
2. THE BRANCH MANAGER, IFFCO TOKIO GENERAL INSURANCE CO. LTD., NO.35, ABOVE REEBOK SHOWROOM, KUVEMPUNAGAR, NEAR AKSHAYA BHANDAR, MYSORE – 570001.
... APPELLANT …RESPONDENTS (BY SRI. H.N. KESHAVA PRASHANTH, ADV. FOR R2.
V/O DATED 4/7/16 R1 NOTICE D/W.) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 20.12.2014 PASSED IN MVC NO. 784/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT, MADDUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The appellant has filed this appeal seeking enhancement of compensation against the Judgment and Award dated 20.12.2014 passed by the Senior Civil Judge & MACT, Maddur in MVC No.784/2014.
2. It is the case of the appellant that the appellant had sustained grievous injuries in motor vehicle accident occurred on 12.03.2014. The Tribunal has awarded a total compensation of Rs.4,03,100/-. The appellant has filed this appeal for enhancement of compensation.
3. The learned counsel for the appellant submitted that the compensation awarded by the tribunal is on the lower side and sought to enhance the same.
4. The learned counsel for the respondents sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
5. I have heard learned counsel for both the sides and perused the Judgment and Award passed by the Tribunal. It is seen that as per the Ex.P14 to Ex.P19 the appellant has sustained grievous injuries. Though the appellant earned Rs.15,000/- p.m. he has not produced any documentary evidence in proof of the same. The Tribunal has assessed the disability at 20% to the whole body and his income at Rs.4,500/- p.m. for awarding compensation under the head loss of future income. Considering the year of accident as 2014 and place of residence I am inclined to take a notional income at Rs.8,000/- p.m. Hence, the appellant is entitled for a sum of Rs.3,26,400/- (Rs.8,000X12X17X20%)towards loss of future income.
6. The appellant is also entitled for a sum of Rs.24,000/-(Rs.8,000/-X3) towards laid up period as against Rs.13,500/- awarded by the Tribunal. The compensation awarded by the Tribunal under the other heads is confirmed.
7. Accordingly, the appeal is allowed in part.
The appellant is entitled for a enhanced compensation of Rs.1,53,300/- in addition to the compensation awarded by the Tribunal. The enhanced compensation amount carries interest at 6% p.a. from the date of petition till the date of payment.
Sd/- JUDGE Nm