Smt Jameela vs Sri Thippeswamy T M
2021 Latest Caselaw 1202 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 19TH DAY OF JANUARY, 2021

                         BEFORE

     THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

              M.F.A.NO.5703 OF 2019(MV-I)

BETWEEN

SMT JAMEELA
W/O ABDUL AZIZ, TAILORING,
R/O KALDODDI, SHANTHINAGARA,
CHIKKAMAGALURU TALUK-577 101
                                               ...APPELLANT
(BY SRI. K. VENKATEGOWDA, ADVOCATE)

AND

1.    SRI THIPPESWAMY T M
      S/O MUDALAPPA,
      R/O OPP. PRAKASH NILAYA,
      MALLANDUR ROAD, UPPALLI, INDAVARA POST,
      CHIKKAMAGALURU TALUK-577 101
2.    THE MANAGER
      UNITED INDIA INSURANCE CO. LTD
      K.M.ROAD, CHIKKAMAGALURU
      PIN-577101
                                         ...RESPONDENTS
(BY SRI. G.R. ANANTHASWAMY, ADVOCATE FOR R-1
    SRI. RAVISH BENY, ADVOCATE FOR R-2)

     THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 27.04.2019,
PASSED IN MVC NO. 276/2018, ON THE FILE OF THE II ADDITIONAL
SENIOR CIVIL JUDGE AND MACT, CHIKKAMAGALURU, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENAHNCEMENT OF COMPENSATION.

     THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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                        JUDGMENT

In this appeal by the claimant is directed against the

impugned judgment and award dated 27.04.2019 passed in

MVC No.276/2018 by the II Additional Senior Civil Judge and

MACT, Chikkamagaluru (for short "the Tribunal), whereby the

Tribunal awarded compensation in a sum of Rs.4,37,512/-

together with interest at 8% per annum in favour of the

claimant towards injuries sustained by her in a road traffic

accident that occurred on 31.12.2017.

2. Both counsel submits that occurrence of accident as

well as liability of the Insurance Company as well as coverage

of vehicle in respect of the Insurance Company are not in

dispute and the present appeal is restricted the quantum of

compensation awarded by the Tribunal.

3. A perusal of the material on record including the

impugned judgment and award will indicate that the quantum

of compensation awarded by the Tribunal towards loss of

future income on account of permanent disability is based on

taking notional income of the claimant as Rs.8,000/- as

against Rs.11,000/- as per the Lok Adalath guidelines since

the accident occurred in the year 2017.

4. It is also seen that the quantum of compensation

awarded towards loss of income during treatment period is

meager and deserves to be enhanced. It is also relevant to

state that the compensation awarded towards pain suffering is

on the lower side and the same deserves to be enhanced.

Under these circumstances, the claimant would be entitled to

additional enhanced compensation of Rs.73,956/- as

hereunder:

        1.   Pain and suffering         Rs.10,000/-
        2.   Loss of future income      Rs.33,616/-
        3.   Loss     income     during Rs.30,340/-
             treatment period

5. In the result I pass the following:

ORDER i. The appeal is partly allowed.

ii. The impugned judgment and award dated 27.04.2019

passed in MVC No.276/2018 by the II Additional Senior

Civil Judge and MACT, Chikkamagaluru, is hereby

modified.

iii. The appellant is entitled to additional enhanced

compensation of Rs.73,956/- (Rupees Seventy Three

Thousand Nine Hundred and Fifty Six only) together

with interest at 6% per annum from the date of claim

petition till realisation.

Sd/-

JUDGE

Bmc