Karnataka High Court
Sri Karigowda vs M/S. The Oriental Insurance Company ... on 8 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:14382
MFA No. 2576 of 2015
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.2576 OF 2015(MV-I)
BETWEEN:
SRI. KARIGOWDA
S/O KULLEGOWDA,
AGED ABOUT 45 YEARS,
R/AT NO.33/1, 6TH CROSS,
8TH MAIN, DWARAKA NAGAR,
HOSAKEREHALLI, BANASHANKARI 3RD STAGE,
BENGALURU-560 085.
...APPELLANT
(BY SMT. SREEVIDYA.G.K., ADVOCATE FOR
SRI. T.N.VISHWANATHA., ADVOCATE)
AND:
1. M/S. THE ORIENTAL INSURANCE
COMPANY LIMITED,
T.P CLAIMS HUB, LEO SHOPPING COMPLEX,
Digitally signed by
4TH FLOOR, RESIDENCY ROAD CROSS,
PREMCHANDRA M R M.G.ROAD, BENGALURU-560 001.
Location: HIGH
COURT OF
KARNATAKA
2. SMT. SHANTHA H.K
W/O KARIYAPPA,
MAJOR,
R/AT NO.13, 1ST MAIN, 1ST CROSS,
M.M.ROAD, BYATARAYANAPURA,
MYSORE ROAD,
BENGALURU-560 026.
...RESPONDENTS
(BY SMT. HARINI SHIVANANDA., ADVOCATE FOR R1;
NOTICE TO R2-DISPENSED WITH V/O DATED: 28.07.2015)
-2-
NC: 2024:KHC:14382
MFA No. 2576 of 2015
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:15.12.2014
PASSED IN MVC NO.2124/2014 ON THE FILE OF THE XII
ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT,
BENGALURU.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Smt.Sreevidya.G.K., learned counsel on behalf of
Sri.T.N.Vishwanatha., for the appellant has appeared in person.
Smt.Harini Shivananda., learned counsel for respondent
No.1 has appeared through video conferencing.
2. Though the appeal is listed today for admission, it is
heard finally.
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
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behalf of the respective parties and perused the appeal papers
and also the records with utmost care.
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 suffering as against Rs.30,000/-
awarded by the Tribunal.
Similarly, this Court deems it appropriate to award
Rs.17,000/- (Rupees Seventeen Thousand only) towards Loss
of income during laid up period as against Rs.14,000/- (Rupees
Fourteen Thousand only) and Rs.40,000/- (Rupees Forty
Thousand only) towards loss of amenities, conveyance, food
and nourishment, attendant charges etc., as against
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Rs.20,000/- (Rupees Twenty Thousand only) awarded by the
Tribunal.
The amount of Rs.31,840/- (Rupees Thirty One Thousand
Eight Hundred and Forty only) towards Medical expenses and
Rs.10,000/- (Rupees Ten Thousand only) towards Future
Medical expenses awarded by the Tribunal remains intact.
It is noticed that the Tribunal has awarded compensation
of Rs.1,09,200/- (Rupees One Lakh Nine Thousand Two
Hundred 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 per the chart, if the accident is occurred in
the year 2014, the salary of the injured must be taken as
Rs.8,500/- (Rupees Eight Thousand Five Hundred only) per
month. The age of the claimant was 45 years as on the date of
accident, hence the multiplier 14 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 12%. Hence, the amount towards
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loss of future earning capacity due to disability is calculated as
under:
Rs.8,500 /- X 12 X 14 X 12 /100 = Rs.1,71,360/-
7. Accordingly, this Court re-determines the
compensation as under:-
1. Pain and Sufferings 30,000 + 10,000 Rs.40,000/-
2. Loss of income during 8,500 x 2 Rs.17,000/-
laid up period
3. Medical Expenses 31,840 Rs.31,840/-
4. Loss of future earning 1,71,360/- Rs.1,71,360/-
due to disability
5. Loss of future 20,000 + 20,000 Rs.40,000/-
amenities, conveyance,
food and nourishment,
attendant charges etc.,
6. Future medical 10,000 Rs.10,000/-
expenses
Total: Rs.3,10,200/-
(Less) Compensation awarded by the -Rs.2,15,040/-
Tribunal:
Enhanced compensation awarded by Rs.95,160/-
this Court:
8. Hence, the following:
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ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:15.12.2014
passed by the Court of the MACT, Bangalore
(SCCH-8) in M.V.C No.2124/2014 is modified to the
extent stated hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.95,160/- (Rupees Ninety Five
Thousand One Hundred and Sixty only) with
interest at the rate of 6% per annum from the date
of the claim petition till the date of realization.
3. The first respondent - 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
MRP
