Karnataka High Court
Dharmegowda vs The Manager on 13 December, 2023
-1-
NC: 2023:KHC:45385
MFA No. 1833 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.1833 OF 2016(MV-I)
BETWEEN:
DHARMEGOWDA,
S/O SIDDEGOWDA
AGED ABOUT 47 YEARS,
R/O. HAREBEEHALLI VILLAGE,
HALEBEDU HOBLI, BELUR TALUK
HASSAN DISTRICT-577101.
PRESENTLY RESIDING AT:
C/O NAGARAJ, ALADAHALLI VILLAGE,
SALAGAME HOBLI,
HASSAN TALUK & DISTRICT-573201.
...APPELLANT
(BY SRI. GIRISH B. BALADARE, ADVOCATE)
AND:
1. THE MANAGER
Digitally signed
AXA GENERAL INSURANCE CO. LTD.,
by VINUTHA B S IN FRONT OF VIDYANAGARA POLICE STATION,
Location: HIGH
COURT OF
KARNATAKA
VIDYANAGARA,1ST FLOOR,
CENTRAL BUILDING
HUBBALLI-580021.
REPRESENTED BY:
THE REGIONAL MANAGER,
BHARATHI AXA GENERAL INSURANCE CO LTD.,
BHARATHI AXA VILLAGE,
DODDENAKUNDI VILLAGE,
K.R.PURAM, BANGALORE-560037.
2. MAHESH
S/O MANJASHETTY,
AGED ABOUT 36 YEARS,
R/AT : HAGARE VILLAGE,
-2-
NC: 2023:KHC:45385
MFA No. 1833 of 2016
MADIHALLI HOBLI, BELUR TALUK
HASSAN DISTRICT-573201.
...RESPONDENTS
(BY SRI. H.C. VRUSHABENDRAIAH, ADVOCATE FOR
SRI. A.N. KRISHNA SWAMY, ADVOCATE FOR R1;
VIDE ORDER DATED 14/12/2016,
NOTICE TO R2 IS DISPENSED WITH)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 14.10.2015 PASSED IN
MVC NO.2030/14 ON THE FILE OF THE 2ND ADDITIONAL
DISTRICT & SESSIONS JUDGE & ADDITIONAL MACT, HASSAN,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR PART HEARD IN
HEARING MATTERS, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Heard Sri.Girish.B.Baladare, learned counsel for the
appellant. Also heard Sri.H.C.Vrushabendraiah, learned
counsel who represents Sri.A.N.Krishna Swamy, learned
counsel on record for respondent No.1. Issuance of notice
to respondent No.2 was dispensed with.
2. Challenging the sum that is awarded as
compensation by the Motor Accidents Claims Tribunal,
Hassan through orders in MVC No.2030/2014 dated
14.10.2015, the present appeal is preferred by the
NC: 2023:KHC:45385
claimant. The appellant seeks enhancement of
compensation.
3. Making his submission with regard to the merits
of the matter, learned counsel for the appellant states that
the appellant was doing agriculture and was also doing
milk vending business by the date of accident and was
earning considerable amount. Learned counsel submits
that the Tribunal however has taken a nominal sum of
Rs.5,000/- p.m. as earnings of the appellant which is
unjustifiable. Learned counsel for respondent No.1 states
that a marginal increase may be made.
4. Gone through the contents of the impugned
order. The accident occurred in the year 2014. Therefore,
taking into consideration the occupation of the appellant
the Tribunal ought to have taken the income as Rs.8,500/-
p.m. which comes to Rs.1,02,000/- p.a. In case the annual
income of the appellant is taken as Rs.1,02,000/-,
applying 15% as the functional disability to whole body as
applied by the Tribunal and applying 14 as multiplier, loss
NC: 2023:KHC:45385
of future earnings due to disability comes to Rs.2,14,200/-
(Rs.8,500X12X15%X14). Also having regard to the nature
of injuries sustained which includes grievous injuries and
period of hospitalization as deposed by Pw.2, the appellant
would have taken bed rest atleast for a period of 4
months. Therefore, loss of income during laid up period
comes to Rs.34,000/-. Also the Tribunal failed to award
any amount towards loss of amenities in life. Having
regard to the material produced by way of evidence, this
Court is of the view that an amount of Rs.10,000/- is
required to be awarded as compensation towards loss of
amenities in life. Thus this Court is of the view that the
appellant is entitled to a compensation which can be
termed to just and reasonable under following heads:
Description Amount
Sl.
No
1 Compensation for Pain
Rs.50,000
and sufferings
2 Medical expenditure to
Rs.38,954
the extent proved
3 Future medical expenses Rs.2,000
4 Loss of earnings during
Rs.34,000
laid up period
NC: 2023:KHC:45385
5 Loss of future earnings
Rs.2,14,200
due to disability
6 Extra nourishment, diet,
conveyance and Rs.6,000/-
attendant charges
7 Loss of amenities in life Rs.10,000/-
Total Compensation Rs.3,55,154
5. Hence, the following:
ORDER
(i) Appeal is allowed in part.
(ii) The compensation awarded by Motor
Accidents Claims Tribunal, Hassan through
orders in MVC No.2030/2014 dated 14.10.2015
is enhanced from Rs.2,33,287/- to
Rs.3,55,154/-.
(iii) The enhanced amount shall carry interest
at the same rate as awarded by the Tribunal,
payable from the date of petition to date of
deposit.
(iv) The order of the Tribunal in all other
aspects holds good.
Sd/-
JUDGE
NS
CT:TSM
