Sri Chandru @ Chandrashekar vs National Insurance Co Ltd
2021 Latest Caselaw 395 Kant

                            1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 7TH DAY OF JANUARY, 2021

                         BEFORE

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

               M.F.A.NO.626 OF 2018(MV-I)

BETWEEN

SRI CHANDRU @ CHANDRASHEKAR
@ CHANDRASHEKARAIAH,
S/O RAMESH,
AGED ABOUT 26 YEARS,
R/AT ANEKERE VILLAGE & (P)
KASABA HOBLI, TURUVEKERE TALUK,
TUMKUR DISTRICT-572 212.
                                               ...APPELLANT
(BY SRI. SHRIPAD.V.SHASTRI, ADVOCATE)

AND

1.    NATIONAL INSURANCE CO LTD
      NO.144, SUBHARAM COMPLEX,
      M.G.ROAD,BENGALURU-560001
      BY ITS MANAGER
2.    PAVAN P
      S/O PRANESH G.V.
      MAJOR, R/AT NO.779,
      SREE SAI KRUPA, 17TH MAIN, MEI LAYOUT,
      BENGALURU-560 073
                                           ...RESPONDENTS
(BY SRI. ASHOK.N.PATIL, ADVOCATE FOR R-1
 NOTICE TO R-2 IS D/W )

       THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGEMENT AND AWARD DATED: 11.10.2017
PASSED IN MVC NO. 3557/2016 ON THE FILE OF XXI A.C.M.M., AND
XXIII A.S.C.J., BENGALURU (SCCH- 25)PARLTY ALLOWING THE
CLAIM     PETITION   FOR    COMPENSATION    AND     SEEKING
EENHANCEMENT OF COMPENSATION.
                                2




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


                          JUDGMENT

This appeal by the claimant is directed against the

impugned judgment award dated 11.10.2017 passed in MVC

No.3557/2016 by the XXI ACMM & XIII ASCJ, Bengaluru

(SCCH-25) (for short "the Tribunal"), whereby the Tribunal

awarded compensation in a sum of Rs.4,12,050/- together

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

towards injuries sustained by him in a road traffic accident that

occurred on 25.02.2015.

2. Heard learned counsel for the claimant and learned

counsel for the Insurance Company and perused the material

on record.

3. The material on record indicates that the Tribunal

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

per month as against Rs.9,500/- per month as stipulated in the

Lok Adalath guidelines since the accident occurred in the year

2016. It is also seen that having regard to the grievous and

serious nature of injuries sustained by the claimant,

compensation awarded towards pain and suffering and loss of

amenities is on the lower side. Under these circumstances,

claimants are entitled to enhanced compensation as 9,500 X

12 X 18 X 12% = 2,46,240/- towards loss of future income.

The Tribunal having awarded Rs.2,07,360/- under this head,

the claimant would be entitled to an additional sum of

Rs.38,880/- towards loss of future income. Consequently, the

claimant would also be entitled to an additional sum of

Rs.12,500/- for loss of income during laid up period. As stated

supra, the claimant would also be entitled to additional amount

of Rs.10,000/- each towards pain and suffering and loss of

amenities.

4. In view of the aforesaid facts and circumstances, the

claimant would be entitled to Rs.71,380/- which shall carry

interest at 6% per annum from the date of claim petition till

deposit/realisation.

5. In the result, I pass the following:

ORDER

i. The appeal is partly allowed.

ii. The impugned judgment dated 11.10.2017 passed in

MVC No.3557/2016 by the XXI ACMM & XIII ASCJ,

Bengaluru (SCCH-25) is hereby modified.

iii. The appellant is entitled to additional enhanced

compensation of Rs.71,380/- (Rupees Seventy One

Thousand Three Hundred and Eighty only) together with

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

till realisation.

Sd/-

JUDGE

Bmc