IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR M.F.A.NO.299 OF 2017 (MV) BETWEEN SRI SIDDAPPA S/O. CHIKKANNA AGED ABOUT 37 YEARS R/O. BORASANDRA VILLAGE KASABA HOBLI SIRA TALUK TUMKUR DISTRICT …APPELLANT (BY SRI K.N.SUNIL FOR RAMESH K.R., ADVOCATE) AND 1. EMMEJJAIAH S/O. KARIYANNA AGED ABOUT 54 YEARS R/O. THARUR GOLLARAHATTI KALLAMBELLA HOBLI SIRA TALUK TUMKURU DISTRICT 2. THE NATIONAL INSURANCE CO. LTD. HEAD OFFICE, DELHI SERVICE ADDRESS:
THE NATIONAL INSURANCE CO. LTD., BRANCH OFFICE TUMKURU KASTURI MANSION BEHIND KRISHNA TALKIES ABOVE CORPORATION BANK TUMKURU – 572 101.
REP. BY ITS BRANCH MANAGER …RESPONDENTS (BY SMT. Y. ARUNA FOR SRI K.KISHOR KUMAR REDDY, ADVOCATE FOR R2; R1 IS SERVED) THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 25.08.2016 PASSED IN MVC NO.1429/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, & JMFC, SIRA, 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:
JUDGMENT This appeal has been filed by the claimant challenging the impugned judgment and award dated 25.08.2016 passed by the learned Senior Civil Judge & Additional MACT, Sira (for short ‘the Tribunal’), in M.V.C.No.1429/2014, partly allowing the claim petition filed by the appellant by awarding total compensation a sum of Rs.2,55,400/- together with interest at 9% p.a. from the date of petition till deposit towards the injuries sustained by the claimant-appellant in a road traffic accident that occurred on 31.01.2014.
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 in favour of the appellant.
4. The learned counsel for the appellant-claimant submits that having regard to Lok Adalat guidelines which stipulated that a notional income in respect of an accident that occurred in the year 2014 is to be taken as Rs.8,500/-
p.m. The Tribunal committed an error in assessing the notional income of the claimant at Rs.6,000/- per month. This is resulted in awarding insufficient compensation in favour of the appellant. It is also submitted that the notional income of the appellant is to be taken as Rs.8,500/- p.m. and in view of the same, the amount awarded under the head ‘future loss of income’ needs to be enhanced. It is also contended that the amount awarded under the head ‘loss of income during laid up period’ quantified as Rs.10,000/- by the Tribunal is inadequate and the same also requires to be proportionately enhanced. It was further contended that the Tribunal committed an error in awarding only a sum of Rs.20,000/- towards ‘Loss of future happiness and amenities’ which is very meager and inadequate and the same needs to be enhanced by this Court. It was lastly contended that the Tribunal having came to the conclusion that the appellant was entitled to a sum of Rs.38,993-60 towards medical expenses, committed an error in awarding only a sum of Rs.6,000/- towards conveyance, nutrition and attendant charges. Under these circumstances, the appellant requests for enhancement of compensation.
5. Per contra, 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 2014, the notional income should be taken as Rs.8,500/- per month instead of Rs.6,000/- per month. Hence, taking the notional income at Rs.8,500/- per month, the appellant would be entitled to an additional sum of Rs.58,500/- (Rs.8,500 x 12 x 15 x 13/100 = Rs.1,98,900 – Rs.1,40,400/- awarded by the Tribunal = Rs.58,500/-) towards ‘loss of future income’.
8. Consequently, having come to the conclusion that the notional income of the appellant is to be taken as Rs.8,500/- per month, the appellant would be entitled to proportionate increase in compensation under the head ‘Loss of income during the laid up period’ which would come to Rs.25,500/-, taking the laid up period as three months. Thus, the appellant would be entitled to an additional sum of Rs.15,500/- under this head.
9. Learned counsel for the appellant is right in contending that the Tribunal having awarded a sum of Rs.38,993-60 towards medical expenses, committed an error in awarding only a sum of Rs.6,000/- towards conveyance, nutrition and attendant charges. Under this circumstances, I am of the considered opinion that the appellant would be entitled to an additional sum of Rs.9,000/- under the head ‘Conveyance, Nutrition and Attendant charges’.
10. Lastly, having regard to the serious nature of injuries sustained by the appellant in the accident, I am of the opinion that a sum of Rs.20,000/- awarded under the head ‘Loss of future happiness and amenities’ is highly insufficient and meager and the appellant is entitled to an additional sum of Rs.20,000/- under this head.
11. In view of the facts and circumstances narrated above, in all the appellant is entitled to an additional enhanced compensation of Rs.1,03,000/- under the following heads:-
1 Loss of future income Rs.58,500/-
2 Loss of income during laid up period 3 Conveyance, Nutrition and Attendant 4 Loss of future happiness and amenities Rs.15,500/- Rs.9,000/- Rs.20,000/-
Total Rs.1,03,000/-
12. In view of the aforesaid discussion, I pass the following:
ORDER (i) The appeal is partly allowed.
(ii) The appellant-claimant is entitled to an additional enhanced compensation of Rs.1,03,000/- which shall carry interest at 6% p.a. from the date of petition till realization.
(iii) The enhanced compensation is directed to be released in favour of the appellant.
Sd/- JUDGE KTY