Karnataka High Court
Sri Ravi vs Sri D M Balachandra on 3 June, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:19154
MFA No. 130 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 130 OF 2018 (MV-I)
BETWEEN:
SRI. RAVI
S/O MARIGOWDA,
AGED ABOUT 44 YEARS,
R/O. CHIKKABOMMANAHALLI DAKHLE,
LAKSHMIPURA VILLAGE,
KONANUR HOBLI, ARKALGUD TALUK.
...APPELLANT
(BY SRI JAGRUTH, ADVOCATE FOR
SRI RAHUL RAI. K, ADVOCATE)
AND:
1. SRI. D.M BALACHANDRA
S/O. MARIDYAVEGOWDA,
AGED ABOUT 48 YEARS,
Digitally signed by B
R/O DODDABASAVANAHALLI VILLAGE,
K KASABA HOBLI, BUS STAND ROAD,
MAHENDRAKUMAR
Location: HIGH HASSAN DISTRICT.
COURT OF
KARNATAKA
2. THE MANAGER,
THE ORIENTAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE,
SS COMPLEX, SUBHASH SQUARE,
BUS STAND ROAD, HASSAN.
...RESPONDENTS
(BY SRI. JANARDHANA REDDY, ADVOCATE FOR R2,
R1- SERVICE OF NOTICE IS DISPENSED WITH V.C.O
DATED 20/04/2023)
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NC: 2024:KHC:19154
MFA No. 130 of 2018
THIS MISCELLANEOUS FIRST APPEAL FILED U/S 173(1) OF
MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 19.09.2015
PASSED IN MVC NO.398/2013 ON THE FILE OF THE SENIOR CIVIL
JUDGE, MACT, ARKALGUD, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
ORDER
The appellant/claimant is before this Court seeking enhancement of compensation in M.V.C.No.398 of 2013 on the file of the Motor Accident Claims Tribunal, Arkalgud for the injuries sustained by him in a road accident.
2. The Tribunal, assessing the permanent disability at 7% determined the total compensation payablwee at Rs.1,86,600/- with interest at the rate of 6% per annum.
3. Heard the learned counsel for the appellant/claimant and the learned counsel for the Respondent No.2/Insurance Company.
4. Perusal of the disability certificate at Ex.P19 indicated that the permanent disability of the appellant/claimant has been assessed at 7%. The appellant is an agriculturist by avocation, and in the absence of proof of income, the income of the appellant/ claimant is assessed at 7,000/- per annum as per the Lok Adalath Chart. Accordingly, the loss of future income due to disability is assessed at (Rs.7000X12Xx7X15)=Rs.88,200/- as against Rs.75,600/- awarded by the Tribunal.
-3-NC: 2024:KHC:19154 MFA No. 130 of 2018
5. The appellant/claimant is also entitled for enhancement of compensation under the following heads:
Sl.No. Particulars Amount in
(Rs.)
1 Pain and suffering 40,000/-
2 Traveling, conveyance, attendant's 10,000/-
charges, etc.,
3 Loss of future amenities 30,000/-
4 Loss of income during laid up 21,000/-
period
Total 1,01,000/-
6. In view of the above, the appellant/claimant is entitled for total compensation of (Rs.88,200/- towards loss of future income due to disability + Rs.1,01,000/- + Medical bills of Rs.45,000/- + Rs.20,000/- towards future medical expenses)= Rs.2,54,200/- as against Rs.1,86,600/- awarded by the Tribunal with interest at 6% per annum from the date of the petition till the date of realization.
7. The enhanced compensation amount of Rs.67,600/- with interest at rate of 6% per annum shall be deposited by the Respondent No.2/Insurance Company within three months from the date of receipt of certified copy of this order.
Sd/-
JUDGE DH List No.: 1 Sl No.: 74