Karnataka High Court
Dhruv Juneja vs General Manager on 8 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:14449
MFA No. 8377 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.8377 OF 2014(MV-I)
BETWEEN:
DHRUV JUNEJA
S/O LATE DWARKANATH JUNEJA,
AGED ABOUT 24 YEARS,
R/AT NO. 10/11, 1ST FLOOR,
KALKAJI EXTENSION,
NEHRU ENCLAVE,
NEW DELHI-110 019.
AND ALSO AT 16-FLAT,
2ND FLOOR, PATALAPPA LAYOUT,
RMV II STAGE, 4TH CROSS,
BANGALORE-94.
...APPELLANT
(BY SMT. SUDHA.D., ADVOCATE FOR
SRI. G.K.BHAT., ADVOCATE)
AND:
Digitally signed by
THEJASKUMAR N 1. GENERAL MANAGER,
Location: HIGH ICICI LOMBARD GENERAL INSURANCE
COURT OF
KARNATAKA COMPANY LIMITED,
ZENITH HOUSE,
KSHAVARAO KHADEY MARG,
MAHALAKSHMI,
MUMBAI-400 025.
2. SRI. ERANNA
S/O MUNIVEERAPPA,
AGED ABOUT 47 YEARS,
NO. 477, 13TH CROSS,
SHABARINAGARA,
B.B.ROAD,
-2-
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MFA No. 8377 of 2014
BYATARAYANAPURA,
BANGALORE-560 092.
...RESPONDENTS
(BY SRI. P.S.JAGADISH., ADVOCATE FOR R1;
R2-SERVED AND UNREPRESENTED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:04.08.2014
PASSED IN MVC NO.1989/2012 ON THE FILE OF THE XVIII
ADDITIONAL JUDGE, MEMBER, MACT-IV, COURT OF SMALL
CAUSES, BANGALORE.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Smt.Sudha.D., learned counsel on behalf of Sri.G.K.Bhat.,
for the appellant and Sri.P.S.Jagadish., learned counsel for
respondent No.1 have appeared in person.
Notice to the respondents was ordered on 05.08.2015. A
perusal of the office note depicts that respondent No.2 is
served and unrepresented. He has neither engaged the services
of an advocate nor conducted the case as party 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
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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 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 of Rs.50,000/- (Rupees Fifty Thousand
only) towards pain and sufferings; Rs.30,000/- (Rupees Thirty
Thousand only) towards loss of amenities & happiness and
Rs.5,60,000/- (Rupees Five Lakh Sixty Thousand only) towards
Medical and incidental charges remains intact.
It is noticed that the Tribunal has awarded compensation
of Rs.1,30,000/- (Rupees One Lakh Thirty Thousand only)
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
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per the chart, if the accident is occurred in the year 2011, the
salary of the injured must be taken as Rs.6,500/- (Rupees Six
Thousand Five Hundred only) per month. The age of the
claimant was 22 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.6,500/- X 12 X 18 X 10/100 = Rs.1,40,400/-.
The compensation of Rs.50,000/- (Rupees Fifty Thousand
only) towards Future medical expenses remains intact.
It is noticed that the Tribunal has not awarded
compensation towards loss of income during laid up period and
conveyance, food & nourishment and attendant charges.
Therefore, this Court deems it appropriate to award
Rs.19,500/- (Rupees Nineteen Thousand Five Hundred only)
towards loss of income during laid up period and Rs.10,000/-
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(Rupees Ten Thousand only) towards conveyance, food &
nourishment and attendant charges.
6. Accordingly, this Court re-determines the
compensation as under:-
1. Pain and Sufferings 50,000 Rs.50,000/-
2. Loss of amenities & 30,000 Rs.30,000/-
happiness
3. Medical and incidental 5,60,000 Rs.5,60,000/-
charges
4. Loss of future earning 1,40,400 Rs.1,40,400/-
due to disability
6,500 x 12 x 18 x 10%
5. Future medical 50,000 Rs.50,000/-
expenses
6. Loss of income during 6,500 X 3 Rs.19,500/-
laid up period
7. Conveyance, food & 10,000 Rs.10,000/-
nourishment and
attendant charges
Total: Rs.8,59,900/-
(Less) Compensation awarded by the -Rs.8,20,000/-
Tribunal:
Enhanced compensation awarded by Rs.39,900/-
this Court:
Rounded off to Rs.40,000/-
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7. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:04.08.2014
passed by the Motor Accident Claims Tribunal,
Court of Small Causes, Bengaluru (SCCH-4) in
M.V.C No.1989/2012 is modified to the extent
stated hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.40,000/- (Rupees Forty
Thousand 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.
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5. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
TKN
