Sri Venkatesha R vs Sri Kallegowda
2021 Latest Caselaw 613 Kant

                           1



 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)
                               2




      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

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.

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'.

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.

(iv) The apportionment and disbursement to be done as

per the impugned judgment and award passed by the

Tribunal.

Sd/-

JUDGE

Srl.