Karnataka High Court
Amith Kumar vs Mr. Ummarabba Ullalbail on 8 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:14447
MFA No. 6490 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.6490 OF 2014(MV-I)
BETWEEN:
AMITH KUMAR
S/O CHANDRASHEKAR,
AGED ABOUT 21 YEARS,
R/A BAIDARAPALU HOUSE,
NEAR GANAPATHI TEMPLE,
ULLALBAILU, MANGALORE.
...APPELLANT
(BY SRI. ASHISH RAM.D., ADVOCATE FOR
SRI. KRISHNAMOORTHY.D., ADVOCATE)
AND:
1. MR. UMMARABBA ULLALBAIL
S/O ABDUL KADHAR,
AGED ABOUT 40 YEARS,
R/AT MADAKA HOUSE,
Digitally signed by KUTTARPADAVU,
THEJASKUMAR N MANNUR VILLAGE-575 017.
Location: HIGH MANGALORE.
COURT OF
KARNATAKA
2. UNITED INDIA INSURANCE CO. LTD.,
VARANASI TOWERS, MISSION STREET,
BUNDER, MANGALORE-575 001.
...RESPONDENTS
(NOTICE TO R1-DISPENSED WITH V/O DATED:23.02.2015;
BY SRI. S.V.HEGDE MULKHAND., ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:04.03.2014
-2-
NC: 2024:KHC:14447
MFA No. 6490 of 2014
PASSED IN MVC NO.252/2012 ON THE FILE OF THE I ADDL.
SENIOR CIVIL JUDGE, MACT-VI, MANGALORE, D.K.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Ashish Ram.D., learned counsel on behalf of
Sri.Krishnamoorthy.D., for the appellant and Sri.S.V.Hegde
Mulkhand., learned counsel for respondent No.2 have
appeared in person.
2. The claimant has preferred the captioned appeal
seeking enhancement of the compensation.
3. 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.
4. The point that would arise for consideration is
whether the Claimant is entitled for enhanced compensation.
5. The Claimant's appeal is one for enhancement of
compensation and modification of the judgment. The
NC: 2024:KHC:14447
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.
The compensation amount of Rs.50,000/- (Rupees Fifty
Thousand only) towards Pain and agony; Rs.56,738/-
(Rupees Fifty Six Thousand Seven Hundred and Thirty Eight
only) towards Medical expenses; Rs.15,000/- (Rupees
Fifteen Thousand only) towards Nourishment, attendant and
conveyance charges and Rs.15,000/- (Rupees Fifteen
Thousand only) towards Future Medical Expenses remains
intact.
This Court deems it appropriate to award Rs.20,000/-
(Rupees Twenty Thousand only) towards loss of amenities
and future happiness as against Rs.10,000/- (Rupees Ten
Thousand only).
Similarly, this Court deems it appropriate to award
Rs.21,000/- (Rupees Twenty One Thousand only) towards
NC: 2024:KHC:14447
loss of income during laid up period as against Rs.10,000/-
(Rupees Ten Thousand only).
It is noticed that the Tribunal has not awarded
compensation towards loss of future earning 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 21 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 10%. Hence, the amount
towards loss of future earning capacity due to disability is
calculated as under:
Rs.7,000/- X 12 X 18 X 10/100 = Rs.1,51,200/-.
6. Accordingly, this Court re-determines the
compensation as under:-
NC: 2024:KHC:14447
1. Pain and agony 50,000 Rs.50,000/-
2. Medical Expenses 56,738/- Rs.56,738/-
3. Nourishment, 15,000 Rs.15,000/-
attendant and
conveyance charges
4. Loss of amenities and 10,000 + 10,000 Rs.20,000/-
future happiness
5. Future medical 15,000 Rs.15,000/-
expenses
6. Loss of income during 7,000 X 3 Rs.21,000/-
laid up period
7. Loss of future earning 1,51,200 Rs.1,51,200/-
due to disability
7,000 x 12 x 18 x 10%
Total: Rs.3,28,938/-
(Less) Compensation awarded by the -Rs.1,56,738/-
Tribunal:
Enhanced compensation awarded by Rs.1,72,200/-
this Court:
7. Hence, the following:
NC: 2024:KHC:14447
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:04.03.2014
passed by the Motor Accident Claims Tribunal & I
Addl. Senior Civil Judge, Mangalore in M.V.C
No.252/2012 is modified to the extent stated
hereinabove.
2. The claimant is entitled for the
enhanced compensation of Rs.1,72,200/-
(Rupees One Lakh Seventy Two Thousand Two
Hundred 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.
NC: 2024:KHC:14447
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
