Karnataka High Court
Sri. Jayaramu @ Gungura vs M/S The United Inida Insurance Co Ltd on 6 January, 2025
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NC: 2025:KHC:73
MFA No. 6912 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 6912 OF 2012 (MV)
BETWEEN:
SRI. JAYARAMU @ GUNGURA
S/O RAMAIAH,
AGED ABOUT 24 YEARS,
R/AT KALLAPURA,
JAGADAPURA P.O
VEERAPAKSHIPURA HOBLI,
CHENNAPATNA TALUK,
RAMANAGARAM DISTRICT.
...APPELLANT
(BY SMT. G.K. SREEVIDYA, ADVOCATE FOR
SRI. T. N. VISWANATHA,ADVOCATE)
AND:
1. M/S. THE UNITED INIDA INSURANCE CO. LTD.,
DO - 4, T. P. CLAIMS HUB, 2ND FLOOR,
Digitally signed
by AASEEFA NEAR SHANTHI THEATRE,
PARVEEN SOUTH END ROAD, BASAVANAGUDI,
Location: HIGH BANGALORE - 560 004.
COURT OF
KARNATAKA 2. MR. ARJUN REDDY
S/O. SRI KAMASAND
RAMACHANDRA REDDY,
MAJOR, R/AT NO. 27, 2ND CROSS,
PUTTENAHALLI, 7TH PHASE,
J. P. NAGAR, BANGALORE - 560 078.
...RESPONDENTS
(BY SRI. PHANEENDRA, ADVOCATE FOR
SRI. A.N. KRISHNA SWAMY, ADVOCATE FOR R1;
NOTICE TO R2 IS DISPENSED WITH,
V/O. DATED 22.07.2015)
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NC: 2025:KHC:73
MFA No. 6912 of 2012
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 16.03.2012 PASSED IN
MVC NO.3352/2011 ON THE FILE OF THE I ADDITIONAL SMALL
CAUSES JUDGE, MACT, BANGALORE, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Ms.Sreevidhya who represents Sri.T.N.Viswanatha, learned counsel on record for the appellant as well as Sri.Phaneendra, who represents Sri.A.N.Krishna Swamy, learned counsel for respondent No.1.
2. Being dissatisfied with the sum that is awarded as compensation by the Motor Accidents Claims Tribunal, Bengaluru, through orders in MVC No.3352/2011 dated 16.03.2012, the present appeal is preferred by the claimant therein.
3. Arguing the matter Ms.Sreevidhya, learned counsel for the appellant contends that the appellant as a stone dresser was earning Rs.9,000/- per month. He produced relevant material in proof of his occupation and earnings. However, the Tribunal took the notional income of the appellant as -3- NC: 2025:KHC:73 MFA No. 6912 of 2012 Rs.4,000/- per month which is improper. Learned counsel also states that the accident occurred in the year 2011 and for the relevant period, the Karnataka State Legal Services Authority is taking the notional income as Rs.6,500/- per month and atleast the said figure should have been considered by the Tribunal.
4. Learned counsel also states that the appellant sustained fracture of right femur which is grievous in nature and there is shortening of the leg. The compensation that is awarded by the Tribunal is grossly low and therefore this appeal is filed. Learned counsel ultimately seeks for enhancement of compensation.
5. Learned counsel who represents respondent No.1 seeks the Court to pass necessary orders.
6. The appellant by all the evidence succeeded in establishing that he sustained fracture of middle 1/3rd of right femur. The Tribunal assessing the disability in respect of whole body which is permanent in nature as 20%, applying the multiplier '18' and taking the notional income as Rs.4,000/- per month awarded a sum of Rs.1,72,800/- as compensation under the head 'loss of future earnings'. However, considering the -4- NC: 2025:KHC:73 MFA No. 6912 of 2012 submission that is made by learned counsel for the appellant, this Court considers desirable to take the notional income as Rs.6,500/- per month. Thus, without disturbing the other parameters, the loss of future income comes to Rs.2,80,800/- (6,500/- x 12 x 18 x 20%).
7. The Tribunal awarded a sum of Rs.16,000/- towards loss of income during treatment period. Taking the notional income as Rs.4,000/- per month, loss of earnings for a period of four months was granted. However, taking the notional income as Rs.6,500/- per month, loss of income during laid up period comes to Rs.26,000/- (6,500/- x 4).
8. Thus, the enhancement in compensation under the head 'loss of future income' will be Rs.1,08,000/- (Rs.2,80,800/- - Rs.1,72,800/-). The enhancement in compensation under the head 'loss of income during laid up period' will be Rs.10,000/- (Rs.26,000/- - Rs.16,000/-). Thus, the total enhancement will be Rs.1,18,000/- (Rs.1,08,000/- + Rs.10,000/-).
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NC: 2025:KHC:73 MFA No. 6912 of 2012
9. Thus, the appeal is disposed of with the following ORDER
i) The appeal is allowed in part.
ii) The compensation that is granted by the Motor Accidents Claims Tribunal, Bengaluru, through orders in MVC No.3352/2011 dated 16.03.2012 is enhanced by Rs.1,18,000/-.
iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit, except for the period of delay of 1638 days as per the order dated 04.02.2020.
iv) Respondent No.1 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of copy of this order.
v) On such deposit, the appellant is permitted to withdraw the entire amount.
Sd/-
(DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 60