Karnataka High Court
Shri.Mallappa vs The Managing Director, on 6 March, 2021
Author: Hemant Chandangoudar
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 6TH DAY OF MARCH, 2021
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
M.F.A. No.101958/2016 (MV)
Between
Shri Mallappa s/o Bhima Magadum
Age 62 years, Occ: Driver (Now Nil)
r/o Shedabai, Taluka Athani
Dist: Belagavi. ...Appellant
(By Sri Sanjay S Katageri, Advocate)
And
The Managing Director
NWKRTC, Central Office
Sarige Sadan, Gulbarga
(Kalaburagi), Raichur Division
Through its Divisional Controller
NWKRTC Belagavi Division
Belagavi. ... Respondent
(By Sri Sunil S Desai, Advocate)
This MFA is filed under Section 173(1) of MV Act, 1988
against the judgment and award dated 20.8.2015 passed in
MVC No.1699/2012 on the file of the V Additional District and
Sessions Judge and Member, Motor Accident Claims Tribunal-V,
Belagavi, partly allowing the claim petition for compensation
and seeking enhancement of compensation.
This MFA coming on for admission this day, the Court
delivered the following:
2
JUDGMENT
Though this appeal is listed for admission, with the
consent of learned counsel for the parties, the same is takenup
for final disposal.
2. This appeal is filed against the judgment and award
dated 20.8.2015 passed in MVC No.1699/2012 by the V
Additional District and Sessions Judge and Member, Motor
Accident Claims Tribunal-V, Belagavi.
3. Claimant having sustained accidental injuries filed a
claim petition under Section 166 of Motor Vehicles Act to award
just and proper compensation. The Tribunal by assessing the
functional disability of the claimant at 100% and monthly
income at Rs.5,000/- awarded a total compensation of
Rs.10,62,760/- with interest at 8% p.a. from the date of
petition till realization. Taking exception to the same, claimant
has filed this appeal seeking for enhancement of compensation.
4. The Tribunal while awarding compensation has
assessed the monthly income of the claimant at Rs.5,000/-.
However, having regard to the fact the accident occurred in the
year 2011, the monthly income of the claimant is assessed at
Rs.6,000/-. Hence, the claimant is entitled for compensation of
Rs.7,45,200/- (6,000/- p.m. + 15% = 6900 x 12 x 9/100)
under the head `loss of future earning capacity' as against
Rs.5,40,000/- awarded by the Tribunal. The claimant is entitled
for enhancement of compensation of Rs.1,50,000/- as against
Rs.1,00,000/- under the head `pain and sufferings and
Rs.1,50,000/- as against Rs.50,000/- under the head `loss of
amenities'.
5. Thus, the claimant is entitled to the modified
compensation as under:
Amount Amount
awarded by the awarded by
Heads of compensation
Tribunal this Court
Rs Rs.
Future loss of earning due 5,40,000/- 7,45,200/-
to disability.
Loss of earnings during the 40,000/- 40,000/-
laid off period
Pain and suffering 1,00,000/- 1,50,000/-
Loss of amenities 50,000/- 1,50,000/-
Medical expenses 2,92,760/- 2,92,760/-
Food and nourishment 20,000/- 20,000/-
Conveyance & other sundry 20,000/- 20,000/-
expenses
Total 10,62,760/- 14,17,960/-
6. The claimant is entitled to a total compensation of
Rs.14,17,960/- as against Rs.10,62,760/- awarded by the
Tribunal, with interest at the rate of 6% per annum from the
date of petition till realization.
7. In view of the above, I pass the following
ORDER
i) The appeal is allowed in part.
ii) The impugned judgment and award dated 20.8.2015
passed in MVC No.1699/2012 by the V Additional District and
Sessions Judge and Member, Motor Accident Claims Tribunal-V,
Belagavi, is hereby modified.
iii) The appellant/claimant is entitled to a total
compensation of Rs.14,17,960/- as against Rs.10,62,760/-
awarded by the Tribunal, with interest at the rate of 6% per
annum from the date of petition till realization.
iv) The compensation awarded by the Tribunal and also
enhanced compensation along with interest shall be deposited
by respondent-Insurance Company within six weeks from the
date of receipt of certified copy of this order.
Registry to draw award accordingly.
Sd/-
JUDGE
bkm
