Maruti S/O Kachu Gavasekar @ ... vs Vilas S/O Kachu Gavade
2022 Latest Caselaw 502 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

      DATED THIS THE 12 T H DAY OF JANUARY, 2022

                        BEFORE

     THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY

              M.F.A. No.102926/2016 (MV)

BET WEEN

SRI MARUT I,
S/O KACHU GAVASEKAR @ GAVADE,
AGE: 34 YEARS,
OCC: NIL DU E TO PERMANENT
PHY SICAL DISAB ILITY CAU SED B Y
ACCIDENTAL INJU RIES,
R/O H.No.10, GAWASE,
JAMB OTI - 591302,
TQ: KHANAPUR,
DIST: B ELAGAVI.
                                           ...APPELLANT
(BY SMT.GEETHA K.M. @ PAWAR AND
 SRI P.S.GH IVAR I, ADVOCATES)

AND

1.    SHRI V ILAS,
      S/O KACHU GAVADE,
      AGE: 28 YEARS,
      OCC: PRIVATE SERVICE,
      R/O A/P: GAWASE,
      TQ: KHANAPU R- 591302,
      DIST: B ELAGAVI.

2.    NAT IONAL INSU RANCE COMPANY LIMIT ED,
      REP.B Y ITS DIVIS IONAL MANAGER,
      RAMDEV GALL I, B ELAGAV I-59 0002.
                                         ...RESPONDENTS

(BY SRI M.Y .KATAGI, ADVOCATE FO R R2;
 NOTICE TO R1 DISPENSED WITH)
                                     2




     THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER
SECTION 173(1) OF MOTOR VEH ICLES ACT, 1988, AGAINST
THE J UDGMENT AND AWARD DATED 21.04.2 016 PASS ED IN
MVC No.1745/ 2015 ON T HE FILE OF T HE X ADDIT IONA L
DISTR ICT   AND    SESSIONS   J UDGE   AND   MEMB ER,
ADDIT IONAL   M OT OR  ACCIDENT    CLAIMS   TRIB U NAL,
BELAGAVI, PARTL Y ALLOWING THE CLAIM PET IT ION FOR
COMPENSATION      AND   SEEKING    ENHANCEMENT      OF
COMPENSATION.

     THIS APPEAL COMING ON FOR HEA RING ON I.A., THIS
DAY THE COU RT DELIVERED THE FOLLOW ING:

                             JUDGMENT

The claimant being not satisfied with the

comp ensation awarded by the Court of X Additional

District and Sessions Judge and Member, Addl.

M.A.C.T., Belagavi (hereinafter referred to as the

'Tribunal', for brevity) in MVC No.1745/2015 vide its

judgment and award dated 21.04.2016 has filed this

appeal seeking enhancement of the compensation.

2. Though this appeal is listed for orders, with

the consent of the learned counsels appearing for the

parties, the appeal is taken up for final disposal. The

parties to this appeal are referred to by their

rankings before the Tribunal for the sake of

convenience.

3. Brief facts of the case that would be

relevant for the purpose of disposal of this appeal

are:

The claimant was traveling in the motorcycle

bearing registration No.KA-22/EG-0156 on

16.07.2013 as a pillion rider. The rider of the bike

was riding the same in a rash and negligent manner

and when the motorbike reached near Kalmani Amate

cross of Jamboti-Kankunbi road, the rider of the

motorbike lost control and as a result, the rider as

well as the pillion rider fell on the road and sustained

injuries. The claimant who was a pillion rider was

immediately shifted to Vijaya Hospital, Belagavi and

thereafterwards to KLE Hospital, Belagavi, wherein he

was treated as an inpatient and underwent prolonged

treatment for his injuries. The injured claimant had

filed a claim petition under Section 166 of the Motor

Vehicles Act, 1988 (hereinafter referred to as the

'Act', for brevity) claiming compensation towards the

injury suffered by him in the road traffic accident

that had taken place on 16.07.2013. The insurer after

service of notice had filed written statement while

the owner of the bike remained absent before the

Tribunal. The Tribunal vide the impugned judgment

and award partly allowed the claim petition awarding

a compensation of `3,11,700/- with interest at 6%

per annum from the date of petition till realization.

Being not satisfied with the amount of compensation

awarded, the claimant is before this Court.

4. Learned counsel for the claimant submits

that the accident is of the year 2013 and therefore

the notional income ought to have been taken by the

Tribunal at `7,000/- per month. She submits that the

Tribunal has not awarded any compensation towards

loss of future amenities and even under the head

towards pain and suffering, the compensation

awarded is on the lower side. She submits that

overall the compensation awarded by the Tribunal is

on the lower side and seeks enhancement of the

same.

5. Per contra, learned counsel appearing for

the insurer has argued in support of the impugned

judgment and award and contends that the Tribunal

considering the nature of injuries and the treatment

undergone by the claimant has awarded a just and

proper compensation and same does not call for any

interference. Accordingly, he prays to dismiss the

appeal.

6. I have carefully appreciated the arguments

addressed on both sides and also perused the

material available on record.

7. The accident in question is undisputed so

also the fact that the claimant had sustained injuries

in the said accident. The involvement of the

motorcycle bearing registration No.KA-22/EG-0156 is

also undisputed so also the fact that the said

motorcycle was duly insured by the insurer and that

the policy was valid as on the date of accident.

8. Insofar as compensation for which the

claimant is entitled for having regard to the injury

suffered by him in the accident in question, the

Tribunal has considered the notional income of the

claimant at `4,500/-. In view of the income chart

maintained by the Karnataka Legal Services Authority

for the purpose of disposal of motor accident cases in

the Lok Adalath, in the absence evidence to prove the

income, the notional income of the claimant ought to

have been taken by the Tribunal at `7,000/- per

month. The disability to the whole body is rightly

considered by the Tribunal at 20%. The applicable

multiplier having regard to the age of the injured

would be '15'. Therefore, towards loss of future

income, the claimant would be entitled for a sum of

`2,52,000/-.

9. Towards pain and suffering, the claimant is

entitled for a sum of `45,000/- as against `20,000/-

awarded by the Tribunal. The compensation amount

awarded towards medical expenses remained

unaltered. Towards loss of income during laid up

period, the claimant is entitled for a sum of

`21,000/- instead of `13,500/-. Towards incidental

expenses, the compensation awarded by the Tribunal

remains unaltered. The Tribunal has not granted

compensation to the claimant towards loss of future

amenities. Therefore, under the said head, the

claimant is awarded a compensation of `30,000/-. In

all the claimant is entitled for compensation of

`4,64,200/- in place of `3,11,700/- awarded by the

Tribunal. Accordingly, the following:

ORDER

The Miscellaneous First Appeal is allowed in part.

The claimant is entitled for a compensation of `4,64,200/- as against the amount of `3,11,700/- awarded by the Tribunal. The enhanced amount of compensation awarded shall carry interest at 6% per annum from the date of petition till payment.

           Since        the     liability    has        not     been
      disputed     by    the     insurer,        the    insurer    is

directed to deposit the enhanced amount of compensation with interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this order.

The order passed by the Tribunal insofar as it relates to disbursement and deposit etc., would be applicable even to the enhanced compensation amount.

The registry is directed to forthwith return the trial Court records to the Tribunal.

SD/-

JUDGE

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