IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR MISCELLANEOUS FIRST APPEAL No.1982/2017 (MV) BETWEEN:
Sri Vijaya Kumar, s/o Ningappa aged about 21 years, Occ: Coolie r/a Malappana Hatty Village Chithradurga Taluk Chitradurga Dist – 577510. .. Appellant (By Sri G Shankar Goud, Advocate) AND:
1. Sri H Kalimsab s/o Honnur Sab Aged about 56 years Owner of the Motor Cycle bearing No.KA-16-S-9638 r/o Kumbar Beedi Holalkere Road Chithradurga Taluk-577510.
2. Sri Guru Basavaraj R V s/o C Veeranna Chinnagudi Policy Holder of vehicle Bearing No.KA-16-S-9638 r/o Chikkapete, Bharamasagara Chithradurga Taluk-577510.
3. The Branch Manager National Insurance Company Ltd., Branch office, Lakshmi Bazar Chithradurga-577510. .. Respondents (By Smt.S Nirmala, Advocate for R3, Notice to R1 & R2 – D/W) This MFA is filed under Section 173(1) of MV Act against the judgment and award dated 20.10.2016 passed in MVC No.1022/2015 on the file of the Principal Senior Civil Judge & CJM, Member, Additional MACT, Chitradurga, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This MFA coming on for admission this day, the Court delivered the following:
JUDGMENT This appeal filed by the claimant is directed against the judgment and award dated 20.10.2016 passed in MVC No.1022/2015 on the file of the Principal Senior Civil Judge & CJM, Member, Additional MACT, Chitradurga, whereby the claim petition came to be allowed in part awarding compensation of Rs.2,54,320/- together with interest at 9% p.a. from the date of the claim petition till realisation.
2. Though the matter is listed for admission, with the consent of both the leaned counsel, the matter is takenup for final disposal.
3. Both the learned counsel submit that the occurrence of accident as well as coverage of policy of the offending vehicle by the respondent No.3 – Insurance Company is not in dispute and that the appeal is restricted to quantum of compensation awarded in favour of the appellant.
4. Learned counsel for the appellant submits that the Tribunal committed an error in taking notional income of the appellant as Rs.7,000/- p.m. instead of Rs.9,000/- p.m. as per the guidelines of the Lok Adalath in view of the undisputed fact that the accident took place in the year 2015. It is therefore contended that by taking notional income as Rs.9,000/- p.m., the appellant is entitled to enhanced compensation under the head `loss of future earning due to permanent disability’.
5. Learned counsel for the appellant further submits that in view of notional income to be taken as Rs.9,000/- p.m., the appellant would be entitled to proportionate enhanced compensation for `loss of income during the treatment period’. Lastly, it was contended that a sum of Rs.5,000/- awarded under the head `conveyance etc.’ is inadequate and the same requires enhancement.
6. Per contra, learned counsel for respondent No.3 – Insurance Company would support the impugned judgment and award.
7. As rightly contended by the learned counsel for the appellant, the Tribunal committed an error in failing to consider and appreciating that the notional income has to be taken ast Rs.9,000/- p.m. In view of the guidelines of the Lok Adalath, which stipulate that in respect of an accident that occurred in the year 2015, notional income is to be taken as Rs.9,000/- p.m. Accordingly, the appellant is entitled to an additional of sum of Rs.1,16,640/- under the head `loss of income on account of permanent disability’ as under:
Rs.9,000/- x 12 x 18 x 6/100 = Rs.1,16,640/-
8. The Tribunal having awarded a sum of Rs.90,640/-, the appellant is entitled to additional compensation of Rs.26,000/- under this head.
9. Consequent to coming to the conclusion that the notional income of the appellant is to be taken as Rs.9,000/- p.m., the appellant would be entitled to an additional sum of Rs.4,000/- under the head `loss of income during the treatment period’. Further, having regard to the serious nature of injuries suffered by the appellant, he would be entitled to an additional sum of Rs.10,000/- under the head `conveyance, food etc.’.
10. The compensation awarded under other heads is just and proper and the same does not warrant interference by this Court.
11. Under the aforesaid facts and circumstances, the appellant is entitled to additional enhanced compensation in a sum of Rs.40,000/- as hereunder:
1 Loss of future earning capacity due to permanent disability Rs.26,000/-
ORDER i) Appeal is hereby partly allowed.
ii) The judgment and award dated 20.10.2016 passed in MVC No.1022/2015 on the file of the Principal Senior Civil Judge & CJM, Member, Additional MACT, Chitradurga, is hereby modified awarding additional enhanced compensation in favour of the appellant in a sum of Rs.40,000/- with interest at 9% p.a. from the date of claim petition till realization.
The enhanced amount shall be released in favour of the appellant.
Sd/- JUDGE bkm