Karnataka High Court
Manjappa K.O @ Manjunatha vs Narasimha.N on 25 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:16609
MFA No. 8103 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.8103 OF 2016(MV-I)
BETWEEN:
MANJAPPA.K.O @ MANJUNATHA,
S/O OBAIAH,
AGED ABOUT 31 YEARS,
R/O JANATHA COLONY, CHALLAKERE TOWN,
KASAVIGONDANAHALLI VILLAGE,
CHALLAKERE TALUK, CHITRADURGA DISTRICT.
...APPELLANT
(BY SRI. H.B.RAJU AND SRI. S.ERANNA., ADVOCATES)
AND:
1. NARASIMHA.N
S/O NARASIMHAPPA,
OWNER OF SPLENDOR PRO
R/O NEAR NAGARAKATTE,
SOMAGUDDRE ROAD,
CHALLAKERE TALUK,
Digitally signed by CHITRADURGA DISTRICT-577 501.
THEJASKUMAR N
Location: HIGH
COURT OF 2. BRANCH MANAGER,
KARNATAKA
NATIONAL INSURANCE CO. LTD.,
NEAR K.S.R.T.C. BUS STAND,
CHITRADURGA TOWN-577 501.
PY NO. 39010231146201903650
VALID FROM 26.08.2014 TO 25.08.2015.
...RESPONDENTS
(BY SRI. DEVARAJ.H.K., ADVOCATE FOR R1;
SRI. A.M.VENKATESH., ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
-2-
NC: 2024:KHC:16609
MFA No. 8103 of 2016
AGAINST THE JUDGMENT AND AWARD DATED:20.08.2016
PASSED IN MVC NO.1054/2015 ON THE FILE OF THE SENIOR
CIVIL JUDGE, JMFC, CHALLAKERE.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.H.B.Raju., and Sri.S.Eranna., learned counsel for the
appellant has appeared in person.
Sri.A.M.Venkatesh., learned counsel for respondent No.2
has appeared through video conferencing.
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. The grounds urged in the present appeal are
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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 awarded compensation
of Rs.81,600/- 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/- per month. The age of the claimant was 31 years as
on the date of accident, hence the multiplier 16 is to be
adopted.
At the time of calculation, the Tribunal has assessed the
disability at 10%, hence the same is taken into consideration in
this appeal also. Therefore, the amount towards loss of future
earning capacity due to disability is calculated as under:
Rs.8,500/- X 12 X 16 X 10% = Rs.1,63,200/-.
6. Accordingly, this Court reassess the compensation
as under:
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1. Medical expenses 32,004 Rs.32,004/-
2. Loss of future income 1,63,200 Rs.1,63,200/-
due to disability
8,500 x 12 x 16 x 10%
3. Loss of income during 8,500 x 3 Rs.25,500/-
laid up period
4. Attendant and 5,000 + 5,000 Rs.10,000/-
nourishment
5. Pain and Sufferings 20,000 + 10,000 Rs.30,000/-
6. Loss of amenities 15,000 Rs.15,000/-
Reassessed Compensation: Rs.2,75,704/-
Having regard to the facts and circumstances of the case
and the prevailing rate of interest during the relevant time, this
Court deems it appropriate to award interest at the rate of 6%
per annum on the reassessed compensation amount from the
date of claim petition till realization.
7. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:20.08.2016
passed by the Court of Senior Civil Judge and
JMFC, Challakere in M.V.C No.1054/2014 is
modified to the extent stated hereinabove.
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2. The claimant is entitled for the
reassessed compensation of Rs.2,75,704/- (Rupees
Two Lakh Seventy Five Thousand Seven Hundred
and Four only) with 6% interest per annum from
the date of the claim petition till the date of
realization.
3. The first respondent Narasimha.N is
directed to 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
TKN
