IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR JUSTICE L.NARAYANA SWAMY MFA NO.7008 OF 2016 (MV - I) BETWEEN:
SURESH S/O DASAPPA AGED ABOUT 26 YEARS RESIDENT OF INAM GOLLAHALLI VILLAGE SIRA TALUK NOW RESIDING AT 4TH MAIN, JAYANAGAR TUMKUR TOWN – 572 101 (BY SRI.K.SHANTHARAJ, ADV.) AND:
1. THIMME GOWDA S/O LATE THIMMAIAH AGED ABOUT 44 YEARS RESIDING AT HULLENAHALLI VILLAGE, GULUR HOBLI TUMKUR TALUK – 572 101 2. THE MANAGER UNITED INDIA INSURANCE ... APPELLANT COMPANY LTD BRANCH OFFICE 1ST FLOOR, B.H.ROAD JAYADEVA COMPLEX P.B.NO.54 TUMKUR – 572 101 ... RESPONDENTS (BY SRI.C.S.SHANKARA REDDY, ADV., FOR R2; NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 20.03.2017) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.09.2014 PASSED IN MVC NO.625/2013 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, MACT – 4, TUMKUR, 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 The appellant who is the claimant in MVC No.625/2013 before the MACT., Tumkur has filed this appeal for enhancement of compensation.
2. Tribunal has awarded a compensation of Rs.1,79,000/-. Doctor was examined as PW1 and he has assessed the disability at 30%. The tribunal has taken 10% disability to the whole body. The injured has suffered multiple abrasion over the right wrist, forearm and dislocation of right wrist.
3. Learned counsel for the appellant submitted that compensation awarded under the head loss of future income and amenities are on lower side.
4. Learned counsel for the respondent submitted to dismiss the appeal as the compensation awarded by the Tribunal is a just compensation.
5. The claimed amount is about Rs.5,00,000/-.
Since, the claimant has not proved his income it has been assessed at Rs.6,000 p.m., When the income is not proved, notional income has to be assessed. This Court has taken the notional income. For the year 2013 income of Rs.8,000/- has been applied in all cases. Hence, Rs.8000 x 10/100 x 12 x 18 = 1,72,800/-
has been awarded under future loss of income as against Rs.1,29,600/-. Tribunal has awarded under the head pain and sufferings Rs.10,000/- and the same has been enhanced by another Rs.20,000/-, loss of income during treatment period by assessing the income at Rs.8,000/-x3=Rs.24,000/- is awarded as against Rs.4,400/-. The doctor has opined that injured require Rs.50,000 for future treatment but the Tribunal awarded Rs.10,000/-. Hence, the same is enhanced by another Rs.20,000/- which comes to Rs.30,000/-. Under the head loss of amenities Rs.25,000/- is awarded. Under the head food and nourishment Rs.15,000/- is awarded.
6. Accordingly, the appeal is allowed. The appellant is entitled for a total compensation of Rs.3,21,800/- which shall carry interest at the rate of 8% p.a. from the date of petition till the date of realization.
Sd/- JUDGE GH