IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR. JUSTICE L NARAYANA SWAMY AND THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.5521 OF 2017 (MV) BETWEEN:
SRI TAKAPPA S/O RAMAPPA AGED ABOUT 39 YEARS AGRICULTURIST R/O CHENNASHETTIKOPPA SAGAR TALUK- 577 412. : APPELLANT (BY SRI KESHAVAMURTHY, ADV.) AND:
1. THE BRANCH MANAGER SRI RAM GENERAL INSURANCE COMPANY LTD., NO.384, GAVKAR COMPLEX, 1ST FLOOR NEAR SHANISHWARA TEMPLE 2ND CROSS, BRAHMAKUMARI ROAD DURGIGUDI SHIVAMOGGA- 577 225 POLICY NO.2418009/31/15/000775.
2. SRI VASANTHAKUMAR S/O NARAA AGED ABOUT 29 YEARS R/AT HIREMALALI, CHENNAGIRI TALUK-577 213 K.A.172008300608 DRIVER OF BHARATH BENJA 2523 REG.NO.KA-14/B-3488.
3. SRI VENUGOPAL S/O VENKATASWAMY AGED ABOUT 41 YEARS MARNAMI BAILU 2ND CROSS SHIVAMOGGA-577 225 OWNER OF BHARATH BENJA 2523 REG.NO.KA-14/B-3488. : RESPONDENTS (BY SRI A.N. KRISHNA SWAMY, ADV. FOR R1; R2, R3-SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, WHEREFORE, THE APPELLANT MOST RESPECTFULLY PRAYS THAT THIS HON’BLE COURT MAY BE PLEASED TO ENHANCE THE COMPENSATION OF Rs.30,00,000/- AFTER DEDUCTING THE COMPENSATION AMOUNT OF Rs.7,37,204/- AS CLAIMED IN MVC NO.252/2016 BY MODIFYING THE JUDGMENT AND AWARD DATED 21-01-2017 PASSED BY THE HON’BLE VTH ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, SHIVAMOGGA SITTING AT SAGARA, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, NARAYANA SWAMY J., DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed by the appellant – claimant seeking enhancement of compensation awarded by the V Addl. Dist. and Sessions Judge and AMACT, Shivamogga, Sitting at Sagara, in MVC No.252/2016 by Judgment and Award dated 21.01.2017.
2. Heard learned counsel for both parties.
3. Learned counsel for the appellant submitted that the monthly income taken by the Tribunal at Rs.6,000/- is on the lower side. Appellant – claimant has suffered physical disability of lower limb to the extent of 84.1% as assessed by the doctor – PW2. To remove the implant, one more surgery is required to be done in future. In this regard, the sum of Rs.35,000/- awarded needs to be enhanced.
4. Learned counsel for the Insurance Company contended that the appeal be dismissed since claimant has not made out any ground for interference much less enhancement of compensation.
5. We have perused the record. The claimant has claimed his income at Rs.15,000/- p.m. working as agricultural labourer and owning lands. Except the oral statement he has not produced any documents in proof of owning agricultural lands. The accident has occurred in the year 2015. In case income is not proved by giving cogent evidence, a notional income has to be assessed. This court in similar cases has notionally taken the income at Rs.8,000/- p.m. Said sum has to be applied herein also. Hence, the loss of future income works out to Rs.8000 x 12 x 15 x 25/100 = Rs.3,60,000/- which is awarded as against Rs.2,70,000/-. Appellant having been treated as in-patient for a long period, the loss of income during treatment period comes to Rs.8000 x 5 months i.e., Rs.40,000/- which is awarded as against Rs.30,000/-. The sum of Rs.35,000/- awarded for removal of implant being on lower side, we award a sum of Rs.50,000/- in its place.
6. Accordingly, the appellant is held entitled to a total compensation as detailed below:
Heads Amount (in Rupees) Pain and suffering 90,000/-
Medical expenses 2,42,204/-
Conveyance, attendant charges etc. 40,000/-
loss of earning during treatment period:8000 x 5 40,000/-
Total Rs.8,52,204/-
In the result, the appeal is allowed in part. The impugned Judgment and Award passed by the Tribunal is modified. The appellant is held entitled to total compensation of Rs.8,52,200/- (Rupees 8,52,204/- rounded off to Rs.8,52,200/-) instead of Rs.7,37,204/- awarded by the Tribunal. The Judgment and Award of the Tribunal in all other respects is kept intact.
Draw modified Award accordingly.
Sd/- JUDGE Sd/- JUDGE sac*