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. 4538 OF 2018(MV) BETWEEN SRI. N.MANIKANDAN @ MANIKANTAN S/O NARAYANAN, 31 YEARS, OCC: NIL R/AT NO.199, 1ST MAIN ROAD BENGALURU – 560 093.
(BY SMT.SHARADAMBA.A.R, ADVOCATE) AND 1. MR. PRAKASH S/O SINGRAIAH MAJOR, OCC: NOT KNOWN R/AT NO.10, VENKATAPPA DODDI.V SUBEKARKERE DODDI, GOTIGEHALLI KANALAPURA TALUK RAMANAGARA – 562 112.
2. THE MANAGER, RELIANCE GENERAL INSURANCE COMPANY LTD., NO.28, 5TH FLOOR, EAST WING CENTENARY BUILDING M.G.ROAD, BENGALURU – 560 001.
…APPELLANT …RESPONDENTS (BY SRI. ASHOK N.PATIL,ADVOCATE FOR R-2 R-1 NOTICE TO D/W) THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 27.02.2018 PASSED IN MVC NO. 376/2016, ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal has been filed by the claimant challenging the impugned judgment and award dated 27.02.2018 passed by the Court of Small Causes and MACT, Bengaluru in M.V.C.No.376/2016, awarding a sum of Rs.3,27,500/- together with interest at 9% p.a. from the date of petition till date of deposit towards the injuries sustained by the claimant-appellant in a road traffic accident that occurred on 17.06.2015.
2. Though the matter is listed for admission, with the consent of learned counsel for the parties, the same 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.8,000/- per month instead of Rs.9,000/- per month as per the Lok Adalat guidelines. The learned counsel for the appellant-claimant submits that the Tribunal committed an error in taking the permanent disability of the claimant to the whole body as 10% instead of 12% which stood established by the unimpeached evidence of the claimant as well as the doctor coupled with the medical records and other documents. He therefore requests for enhancement of compensation under the head ‘future loss of income’. He further contended that the compensation awarded under other conventional heads are also on the lower side.
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 2015, the notional income should be taken as Rs.9,000/- per month. The Tribunal also committed an error in assessing the permanent disability of the claimant to the whole body to an extent of 10%. A perusal of the material on record would clearly indicate that the permanent disability incurred by the appellant-claimant to the whole body is 12%. Hence, by reworking the compensation under the head ‘loss of future income’, the appellant would be entitled to total compensation of Rs.2,20,320/- (Rs.9,000/- x 12 x 17 x 12/100). Since the Tribunal has already awarded a sum of Rs.1,63,200/-, the appellant- claimant would be entitled to additional enhanced compensation of Rs.57,120/- under this head. As the income is taken as Rs.9,000/-, compensation under the head loss of income during laid up period is enhanced by another Rs.2,000/-. In view of the serious injuries sustained by the claimant, compensation under future medical expenses is enhanced by Rs.5,000/-. Further, compensation under the heads loss of amenities and attendant, conveyance, food and nourishment are enhanced by Rs.10,000/- and Rs.3,000/-, respectively. Thus, the appellant would be entitled to additional compensation of Rs.77,120/- with 6% interest.
8. In view of the aforesaid discussion, I pass the following order:-
(i) The appeal is partly allowed.
(ii) The impugned judgment and award dated 27.02.2018 passed by the Court of Small Causes and MACT, Bengaluru in M.V.C.No.376/2016 is hereby modified.
(iii) The appellant-claimant is entitled to additional enhanced compensation of Rs.77,120/- 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 bnv