Karnataka High Court
Vonodakumar S/O Virupakshappa vs Yamanoorppa S/O Earappa on 18 January, 2022
Bench: S.Vishwajith Shetty
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 18 T H DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
M.F.A. No.101531/2019 (MV)
BET WEEN
VINODAKUMAR,
S/O VIRU PAKSHA PPA,
AGED AB OUT 24 YEARS,
OCC: PRIVATE JOB IN ICE FACTORY,
R/O NEAR GOVERNMENT SCHOOL,
MURARINAGAR, GANGAVATHI,
DISTR ICT: KOPPAL-583277.
...APPELLANT
(BY SRI Y.LAKSHMIKANT REDDY, ADVOCATE)
AND
1. YAMANOORPPA S/O EARAPPA,
AGED AB OU T 39 YEARS,
RIDER CUM OWNER OF HERO
H F DELU X MOTORCYCLE
B EARING REG.NO. KA-37/W- 9743,
R/O LAKSHMI CAMP, GANGAVATH I,
DISTR ICT: KOPPAL -583277.
2. THE REG IONAL MA NAGER,
NAT IONAL INSU RANCE COMPANY LIMIT ED,
REGIONAL OFFICE, 2 N D FLOOR,
ARIHANTH PLAZ A,
OP P: SBI Z ONAL OFFICE,
KUSGAL ROAD, HUBB ALLI- 58 0029,
DISTR ICT: DHARWAD.
...RESPONDENTS
(BY SMT.SHARMIL A M.PATIL, ADVOCATE FOR 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 27.10.2 018 PASS ED IN
MVC No.372/ 2015 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND MOTOR ACCIDENT CLAIMS TR IB U NAL,
GANGAVATH I, PAR TLY ALLOWING THE CLAIM PET IT ION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEA L COMING ON FOR ADMISSION, TH IS DAY
THE COU RT DELIVERED THE FOLL OWING:
JUDGMENT
The claimant being not satisfied with the amount
of comp ensation awarded by the Court of Senior Civil
Judge and M.A.C.T., Gangavathi (hereinafter referred
to as the 'Tribunal', for brevity) in MVC No.372/2015
vide its judgment and award dated 27.10.2018 has
preferred this appeal seeking enhancement of
compensation amount.
2. Though this appeal is listed for admission,
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 purpose of
convenience.
3. Brief facts of the case that would be
relevant for the purpose of disposal of this appeal
are:
The claimant who was traveling in a motorcycle
bearing registration No.KA-37/U-7286 on 21.05.2014
at about 11.30 p.m. as a pillion rider met with an
accident due to the rash and negligent riding of the
motorcycle bearing registration No.KA-37/W-7493
and as a result, the claimant had sustained grievous
injuries. He was immediately shifted to the
government hospital wherein he was treated as an
inpatient for the injuries suffered by him in the
accident. It is in this background, the claimant had
filed a claim petition under Section 166 of the Motor
Vehicles Act, 1988 (for short, the 'Act') claiming
compensation of `22,90,200/- with interest from the
owner and insurer of the offending motorcycle. The
Tribunal vide its impugned judgment and award had
granted a compensation of `1,78,981/- with interest
at 6% per annum and had saddled the liability to pay
the compensation amount on respondent No.2-insurer
with whom the offending motorcycle was duly insured
as on the date of accident. The liability to pay the
compensation is not disputed by the insurer. The
claimant being not satisfied with the amount of
compensation has preferred this appeal seeking
enhancement of compensation.
4. Learned counsel for the claimant submits
that the Tribunal has taken the notional income at
`6,000/- as against `7,500/- as per the income chart
maintained by the Karnataka Legal Services Authority
for the purpose of disposal of motor accident cases in
the Lok Adalath. He submits that the compensation
awarded towards pain and suffering, loss of future
prospects in life and laid up period etc., are also on
the lower side and accordingly he prays to enhance
the compensation amount and allow the appeal.
5. Per contra, learned counsel appearing for
the insurer submits that the Tribunal has awarded
just and proper compensation to the claimant which
does not call for any interference. He accordingly
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 not disputed, so
also the involvement of the offending vehicle bearing
registration No.KA-37/W-7493 in the said accident. It
is also not in dispute that the offending vehicle was
duly insured by the 2 n d respondent-insurer which was
valid as on the date of accident. The notional income
of the claimant who had contended that he was an
employee in ice factory has been taken by the
Tribunal at `6,000/- per month. In the absence of
substantive evidence to prove the income having
regard to the year of the accident, the notional
income of the claimant ought to have been taken at
`7,500/- per month. The disability to the whole body
has been rightly assessed by the Tribunal at 10%.
The proper applicable multiplier having regard to the
age of the claimant is '18'. Therefore, towards loss of
future earning capacity, the claimant is entitled for a
sum of `1,62,000/- as against `1,29,600/- awarded
by the Tribunal. Towards pain and suffering having
regard to the nature of injuries, the claimant would
be entitled for a sum of `40,000/- as compensation in
place of `10,000/- awarded by the Tribunal. Towards
loss of future amenities in future life, the claimant is
entitled for a sum of `30,000/- as against `10,000/-
awarded by the Tribunal. The claimant is entitled for
loss of income during laid up period for a minimum
period of three months and therefore under this
head, the claimant is entitled for a compensation of
`22,500/- as against `2,000/- awarded by the
Tribunal. Towards incidental expenses, the claimant
is entitled for a sum of `20,000/- as against
`10,000/-. The compensation awarded by the
Tribunal towards medical expenses remains
unaltered. Therefore in all, the claimant is entitled
for a total compensation of `2,91,881/- as against
`1,78,981/- awarded by the Tribunal. The enhanced
amount of compensation of `1,12,900/-, shall also
carry interest at 6% per annum from the date of
petition till realization.
8. Since the liability is not disputed, 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.
9. The order passed by the Tribunal with
regard to the disbursement and deposit etc., remain
unaltered and same would also be applicable to the
enhanced compensation.
The appeal is accordingly partly allowed.
SD/-
JUDGE
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