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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
M.F.A.NO.8853 OF 2018(MV-I)
BETWEEN
SRI VENKATESHA R
@ VENKATESHA
S/O RAJANNA B @ RAJEGOWDA @ RAJANNA
AGED ABOUT 39 YEARS
R/AT HOUSE NO.73/2, THAMMADAGERI BEEDHI
HINAKAL , MYSORE TOWN
MYSOREC/O HONNAGIRIGOWDA
S/O LATE THIMMEGOWDA
CHIKKAVANAHALLI VILLAGE
KASABA HOBLI, ARAKALGUDU TALUK
HASSAN DISTRICT- PIN-573 204
...APPELLANT
(BY SRI. G.V. NARASIMHA MURTHY, ADVOCATE)
AND
1. SRI KALLEGOWDA
S/O DASEGOWDA
AGED ABOUT 44 YEARS
R/AT JOGIHOSAHALLI VILLAGE
MALLIPATTANA HOBLI
ARAKALGUDU TALUK
HASSAN DIST- PIN-573204
2. THE MANAGER
UNITED INDIA INSURANCE COMPANY LTD.
VENKATESHWARA BUILDING
B M ROAD, HASSAN TOWN
PIN-573 204
...RESPONDENTS
(BY SRI. T. MOHAN KUMAR, ADVOCATE FOR R-2
NOTICE TO R-1 IS DISPENSED WITH)
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THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 02.04.2018 PASSED
IN MVC NO. 350/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE &
MEMBER, MACT, ARKALGUD, PARLTY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION AND ETC,.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is directed against the impugned judgment and award dated 02.04.2018 passed in MVC No.350/2017, whereby the Tribunal awarded a sum of Rs.3,98,000/- with interest at 6% p.a. towards the injuries sustained by the appellant-claimant in a road traffic accident that occurred on 11.10.2016.
2. Though the matter is listed for admission, with the consent of learned counsel for the parties, the same 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 3 vehicle by the Insurance company are not in dispute and this appeal is restricted to quantum of compensation awarded by the Tribunal.
4. The learned counsel for the appellant-claimant contended that the Tribunal committed an error in taking the notional income of the claimant as Rs.5,000/- per month instead of Rs.9,500/- per month as per the Lok Adalat guidelines. He therefore requests for enhancement of compensation under the head 'future loss of income' and 'loss of income during laid up period. It is also contended that the compensation awarded under the other heads are inadequate and insufficient and the same requires enhancement.
5. Per contra, learned counsel for respondent-Insurance company would support the impugned judgment and award.
6. I have given my careful consideration to the rival submissions and perused the material on record. 4
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 2016, the notional income should be taken as Rs.9,500/- per month. Hence, taking the notional income as Rs.9,500/- per month and disability of 18%, the claimant would be entitled to compensation towards 'loss of future earnings' as hereunder:- (Rs.9,500/- x 12 x 16 x 18/100= Rs.3,28,320/-.) The Tribunal having awarded compensation of Rs.1,72,800/-, the appellant would be entitled to an additional compensation of Rs.1,55,520/- under this head. Consequently, the claimant would be entitled to additional sum of Rs.23,500/- towards loss of income during laid up period.
8. Having regard to the nature of the serious and grievous injuries sustained by the claimant, he would also be entitled to an additional sum of Rs.21,000/- towards 'Food, Conveyance, Nourishment & Attendant charges'. 5
9. Thus, in all, the appellant is entitled to an additional enhanced compensation of Rs.2,00,020/- under the following heads:-
1 Future loss of income Rs.1,55,520/-
2 Loss of income during Rs.23,500/-
laid up period
3 Food, conveyance, Rs.21,000/-
nourishment & Attendant
charges
Total Rs.2,00,020/-
(rounded off to
Rs.2,00,000/-
10. In view of the aforesaid discussion, I pass the following order:-
(i) The appeal is partly allowed.
(ii) The impugned judgment and award dated 02.04.2018 passed by the Tribunal in M.V.C.No.350/2017 is hereby modified.
(iii) The appellant-claimant is entitled to additional enhanced compensation of Rs.2,00,000/- which shall carry interest at 6% p.a. from the date of claim petition till realisation.
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(iv) The apportionment and disbursement to be done as per the impugned judgment and award passed by the Tribunal.
Sd/-
JUDGE Srl.