Karnataka High Court
Smt V M Geethalakshmi vs National Insurance Co Ltd on 1 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:13141
MFA No. 8136 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.8136 OF 2013(MV-I)
BETWEEN:
SMT. V.M.GEETHALAKSHMI
W/O SRI.MUTHAIAH,
D/O V.M.MANJUNATH,
AGED ABOUT 35 YEARS,
R/O NO.23, 4TH CROSS, 7TH MAIN,
SRIRAMPURA, GANDHINAGAR,
GEETHA MANIDRA ROAD,
NEAR GANESH TEMPLE,
BANGALORE-560 021.
...APPELLANT
(BY SRI. NAGARAJA.M., ADVOCATE)
AND:
1. NATIONAL INSURANCE CO. LTD.,
UNITY BUILDING ANNEXE,
Digitally signed by MISSION ROAD,
THEJASKUMAR N BANGALORE-560 027.
Location: HIGH
COURT OF
KARNATAKA 2. SRI. MUTHAIAH
R/O NO. 23, 4TH CROSS,
7TH MAIN, GANDHINAGAR,
GEETHA MANIDRA ROAD,
NEAR GANESH TEMPLE,
BANGALORE-560 021.
...RESPONDENTS
(BY SRI. RAVISH BENNI., ADVOCATE FOR R1;
NOTICE TO R2-DISPENSED WITH V/O DATED:04.03.2014)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
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NC: 2024:KHC:13141
MFA No. 8136 of 2013
AGAINST THE JUDGMENT AND AWARD DATED:18.04.2013
PASSED IN MVC NO.7513/2010 ON THE FILE OF THE JUDGE,
COURT OF SMALL CAUSES AND XXVI ACMM, BANGALORE.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Nagaraja.M., learned counsel for the appellant and
Sri.Ravish Benni., learned counsel for respondent No.1 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 grounds
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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.30,000/- (Rupees Thirty Thousand
only) towards pain and sufferings as against Rs.25,000/-
(Rupees Twenty Five Thousand only) awarded by the Tribunal.
Similarly, this Court deems it appropriate to award
Rs.5,000/- (Rupees Five Thousand only) towards Conveyance,
nourishment, attendant charges as against Rs.400/- (Rupees
Four Hundred only); Rs.16,500/- (Rupees Sixteen Thousand
Five Hundred only) towards loss of income during laid up period
as against Rs.2,550/- (Rupees Two Thousand Five Hundred and
Fifty only) and Rs.25,000/- (Rupees Twenty Five Thousand
only) towards Loss of amenities as against Rs.20,000/- (Rupees
Twenty Thousand only) awarded by the Tribunal.
The amount of Rs.6,000/- (Rupees Six Thousand only)
towards Discomfort and Rs.11,281/- (Rupees Eleven Thousand
Two Hundred and Eighty One only) towards Medical expenses
awarded by the Tribunal remains intact.
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It is noticed that the Tribunal has not awarded
compensation towards Loss of future earning capacity due to
disability. It is contended that the claimant was working as
Tailor and earning a sum of Rs.6,000/- (Rupees Six Thousand
only) per month. However, there is no proof of income. 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 2010, the
salary of the injured must be taken as Rs.5,500/- (Rupees Five
Thousand Five Hundred only) per month. The age of the
claimant was 32 years as on the date of accident, hence the
multiplier 16 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:
5,500 X 12 X 16 X 10% = Rs.1,05,600/-
6. Accordingly, this Court re-determines the
compensation as under:-
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1. Pain and Sufferings 25,000 + 5,000 Rs.30,000/-
2. Conveyance, 400 + 4,600 Rs.5,000/-
nourishment, attendant
charges
3. Laid up period 5,500 X 3 Rs.16,500/-
4. Loss of amenities 20,000 + 5,000 Rs.25,000/-
5. Discomfort 6,000 Rs.6,000/-
6. Medical Bills 11,281 Rs.11,281/-
7. Loss of income due to 1,05,600 Rs.1,05,600/-
disability
Total: Rs.1,99,381/-
Rounded off to: Rs.2,00,000/-
(Less) Compensation awarded by the -Rs.65,231/-
Tribunal:
Enhanced compensation awarded by Rs.1,34,769/-
this Court:
7. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:18.04.2013
passed by the Court of the MACT, Bangalore
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(SCCH-09) in M.V.C No.7513/2010 is modified to
the extent stated hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.1,34,769/- (Rupees One Lakh
Thirty Four Thousand Seven Hundred and Sixty
Nine 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.
5. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
MRP
