IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER 2017 BEFORE:
THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.4679/2016 (MV) BETWEEN SRI. RAVI KUMAR S/O RANGANATH, AGED ABOUT 25 YEARS, R/AT SOLUR, JEROJANAGARA, MAGADI TALUK, RAMANAGARA DISTRICT. ... APPELLANT (BY SRI. SHIVAKUMAR P., ADV.) AND 1. THE ORIENTAL INSURANCE CO. LTD., NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BENGALURU-560001, REP. BY ITS MANAGER, POLICY ISSUING OFFICER, NO.6, 7TH MAIN ROAD, ABOVE FOOD WORLD, 80FT ROAD, 3RD BLOCK, KORAMANGALA, BANGALORE-34.
2. SRI. VENKATESH S/O VAJARAPPA, NO.27, GUDIPALYA, CHUDAHALLI DHAKALAE, SOMANAHALLI, BENGALURU-560082. ... RESPONDENTS (BY SRI. ASHOK N NAYAK, ADV. FOR R1, R2 - SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:11.5.2016 PASSED IN MVC NO.2869/2015 ON THE FILE OF THE 21ST ACMM & 23RD ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ‘FINAL HEARING’ THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The appellant, dissatisfied with the amount of compensation awarded by the Tribunal for the injuries sustained by him in a motor vehicle accident that occurred on 25.04.2015, has filed this appeal, seeking enhancement.
2. Heard the learned counsel for respective parties.
3. Learned counsel for the appellant submits that the appellant was doing mason work and earning Rs.12,500-00 p.m. but, the Tribunal has assessed the income at Rs.7,000-00 p.m. and awarded a total compensation of Rs.2,50,205-00. It is submitted that the income of the injured appellant is to be assessed Rs.12,000-00 p.m.
4. I have gone through the materials made available.
I do not find any justifiable reasons to assess the income of the appellant at Rs.12,000-00 p.m. However, considering the case of the appellant who was working as a mason and the year of accident i.e., 2015, if his income is taken at Rs.10,000-00 p.m., it would meet the ends of justice and hence the loss of future income would be;
Rs.10,000 x 12 x 18 x 10% = Rs.2,16,000-00 Hence, the appellant is entitled to an additional sum of Rs.64,800-00 [Rs.2,16,000 – Rs.1,51,200] under the head loss of future income.
In respect of loss of future prospects, amenities and happiness, the Tribunal has awarded only a sum of Rs.15,120-00, which is on the lower side. Hence, another sum of Rs.10,000-00 is awarded under this head. The Tribunal has awarded a sum of Rs.21,000-00 under the head loss of income during laid up period, which is on the lower side. Hence, another sum of Rs.9,000-00 is awarded under this head. In respect of the compensation awarded towards attendant charges, conveyance, food and nourishment, the Tribunal has awarded only a sum of Rs.10,000-00, which is also on the lower side. Hence, another sum of Rs.10,000-00 is awarded under this head. The compensation awarded by the Tribunal in respect of all other heads appears to be just and reasonable.
In the result, the appeal is allowed in part. In addition to the compensation awarded by the Tribunal, the appellant is entitled to a sum of Rs.93,800-00 with interest as awarded by the Tribunal from the date of the petition till its payment.
Sd/- JUDGE CT-HR Ksm*