Karnataka High Court
Rajaneesh vs Rajendra Aithal on 8 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:14448
MFA No. 5927 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO. 5927 OF 2014 (MV)
BETWEEN:
RAJANEESH
AGED ABOUT 20 YEARS,
S/O CHANDRA POOJARY,
R/O MELANDI NAYAKWADI,
GUJJADDI VILLAGE,
KUNDAPURA TALUK,
UDUPI DISTRICT-576 201.
...APPELLANT
(BY SMT. JAYANTHI.S., ADVOCATE)
AND:
1. RAJENDRA AITHAL
AGED ABOUT 30 YEARS,
S/O M.MAHABALESHWARA AITHAL,
R/O "LAXMINARAYANA NILAYA",
MANKI, GUJJADI VILLAGE AND POST,
Digitally signed by
THEJASKUMAR N KUNDAPURA TALUK,
Location: HIGH UDUPI DISTRICT-576 201.
COURT OF
KARNATAKA
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE COMPANY LTD.,
BRANCH OFFICE, KANCHAN TOWERS,
NH-17, KUNDAPURA,
UDUPI DISTRICT-576 201.
...RESPONDENTS
(R1-SERVED AND UNREPRESENTED;
BY SRI. RAVISH BENNI., ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
-2-
NC: 2024:KHC:14448
MFA No. 5927 of 2014
AGAINST THE JUDGMENT AND AWARD DATED:05.06.2014
PASSED IN MVC NO.430/2013 ON THE FILE OF THE SENIOR
CIVIL JUDGE, MEMBER, ADDITIONAL MACT, KUNDAPURA.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Smt.Jayanthi.S., learned counsel for the appellant and
Sri.Ravish Benni., learned counsel for respondent No.2 have
appeared in person.
2. Notice to the respondents was ordered on
04.04.2017. A perusal of the office note depicts that
respondent No.1 is served and unrepresented. He has
neither engaged the services of an advocate nor conducted
the case as party in person.
3. The claimant has preferred the captioned appeal
seeking enhancement of the compensation.
4. Learned counsel for the respective parties have
urged several contentions. Heard, the contentions urged on
behalf of the respective parties and perused the appeal
papers and also the records with utmost care.
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5. The point that would arise for consideration is
whether the Claimant is entitled for enhanced compensation.
6. The Claimant's appeal is one for enhancement of
compensation and modification of the judgment. The
grounds urged in the present appeal are mainly relating to
the meager compensation awarded under different heads by
the Tribunal. The Claimant has suffered pain and agony
owing to the injuries sustained in the accident in question.
Hence, this Court deems it appropriate to award Rs.40,000/-
(Rupees Forty Thousand only) towards pain and sufferings as
against Rs.30,000/- (Rupees Thirty Thousand only) awarded
by the Tribunal.
The compensation of Rs.22,560/- (Rupees Twenty Two
Thousand Five Hundred Sixty only) towards Medical
expenses remains intact.
This Court deems it appropriate to award Rs.14,000/-
(Rupees Fourteen Thousand only) towards Loss of income
during laid up period as against Rs.11,000/- (Rupees Eleven
Thousand only) and Rs.35,000/- (Rupees Thirty Five
NC: 2024:KHC:14448
Thousand only) towards Loss of amenities as against
Rs.25,000/- (Rupees Twenty Five Thousand only).
It is noticed that the Tribunal has not awarded
compensation towards Loss of future earning capacity due to
disability. In the absence of any proof of income, the chart
prepared by the Legal Service Authority must be taken into
consideration. As per the chart, if the accident is occurred in
the year 2012, the salary of the injured must be taken as
Rs.7,000/- (Rupees Seven Thousand only) per month. The
age of the claimant was 19 years as on the date of accident,
hence the multiplier 18 is to be adopted.
At the time of calculation, learned counsel for the
claimant and Insurance Company jointly submits that the
disability may be assessed at 3%. Hence, the amount
towards loss of future earning capacity due to disability is
calculated as under:
Rs.7,000/- X 12 X 18 X 3/100 = Rs.45,360/-.
7. Accordingly, this Court re-determines the
compensation as under:-
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1. Pain and Sufferings 30,000 + 10,000 Rs.40,000/-
2. Medical Expenses 22,560 Rs.22,560/-
3. Loss of earning during 7,000 X 2 Rs.14,000/-
laid up period
4. Loss of amenities 25,000 + 10,000 Rs.35,000/-
5. Loss of earning due to 45,360 Rs.45,360/-
disability
7,000 x 12 x 18 x 3%
Total: Rs.1,56,920/-
(Less) Compensation awarded by the - Rs.88,560/-
Tribunal:
Enhanced compensation awarded by Rs.68,360/-
this Court:
8. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:05.06.2014
passed by the Court of Senior Civil Judge and Addl.
MACT, Kundapura in M.V.C No.430/2013 is
modified to the extent stated hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.68,360/- (Rupees Sixty Eight
NC: 2024:KHC:14448
Thousand Three Hundred and Sixty only) with 6%
interest per annum from the date of the claim
petition till the date of realization.
3. The Insurance Company shall deposit
the enhanced compensation amount along with 6%
interest within a period of two months from the
date of receipt of the certified copy of this
Judgment.
4. The Registry to draw the modified award
accordingly.
5. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
TKN
