Karnataka High Court
Somashekara vs Mallanna on 22 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:15810
MFA No. 3333 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.3333 OF 2015(MV-I)
BETWEEN:
SOMASHEKARA
S/O SHIVAMALU,
AGED ABOUT 23 YEARS,
R/O KAGGALIPURA VILLAGE,
B.G.PURA HOBLI, MALAVALLI TALUK,
MANDYA DISTRICT-571 430.
...APPELLANT
(BY SRI. G.M.ANANDA., ADVOCATE)
AND:
1. MALLANNA
S/O MARIMADAPPA,
R/O KAGGALIPURA VILLAGE,
B.C.PURA HOBLI,
MALAVALLI TALUK,
Digitally signed by
MANDYA DISTRICT-571 430.
PREMCHANDRA M R
Location: HIGH
COURT OF 2. M.S.NARAYANA
KARNATAKA S/O A.SIDDAIAH,
R/O LAKSHMINARAYANA NIVASA,
KEB ASHOKANAGARA,
MALAVALLI TALUK,
MANDYA DISTRICT-571 430.
3. THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO. LTD,
T.P.HUB, BALLAL CIRCLE,
MYSURU-570 001.
...RESPONDENTS
(R1 AND R2-SERVED AND UNREPRESENTED
BY SRI. B.C.SEETHARAMA RAO., ADVOCATE FOR R3)
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NC: 2024:KHC:15810
MFA No. 3333 of 2015
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:26.11.2014
PASSED IN MVC NO.157/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND MACT, AT MALAVALLI.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
DISMISSAL, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.G.M.Ananda., learned counsel for the appellant has
appeared in person.
Sri.B.C.Seetharama Rao., learned counsel for respondent
No.3 has appeared through video conferencing.
2. Notice to the respondents was ordered on
13.07.2015. A perusal of the office note depicts that
respondents 1 and 2 are served. Respondents 1 and 2 have
neither engaged the services of an advocate nor conducted the
case as a party in person.
3. Though the appeal is listed today for dismissal, it is
heard finally.
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4. The claimant has preferred the captioned appeal
seeking enhancement of the compensation.
5. 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.
6. The point that would arise for consideration is
whether the Claimant is entitled for enhanced compensation.
7. 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.
It is noticed that the Tribunal has not awarded
compensation towards Loss of income during laid up period.
Hence, this court deems it appropriate to award compensation
towards Loss of income during laid up period. 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
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the accident is occurred in the year 2013, the salary of the
injured must be taken as Rs.8,000/- (Rupees Eight Thousand
only) per month. Hence, the amount towards loss of income
during laid up period is calculated as under:
Rs.8,000/- X 1 = Rs.8,000/-.
8. Therefore, this Court deems it appropriate to
reassess the compensation as under:-
1. Pain and Sufferings 20,000 + 10,000 Rs.30,000/-
2. Medical Expenses 88,000 Rs.88,000/-
3. Other expenses 10,000 + 14,000 Rs.24,000/-
4. Loss of income during 8,000 x 1 Rs.8,000/-
laid up period
Reassessed compensation: Rs.1,50,000/-
9. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:26.11.2014
passed by the Court of Senior Civil Judge and
MACT, Malavalli in M.V.C No.157/2014 is modified
to the extent stated hereinabove.
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2. The claimant is entitled for Reassessed
compensation of Rs.1,50,000/- (Rupees One Lakhs
Fifty Thousand only) with interest at the rate of 6%
per annum from the date of the claim petition till
the date of realization.
3. The second respondent - M.S.Narayana
shall deposit the reassessed 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
MRP
