Karnataka High Court
Sri.Mallesh @ Mallikarjuna vs Sri Balushekar P on 2 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:13520
MFA No. 5614 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.5614 OF 2015(MV-I)
BETWEEN:
SRI. MALLESH @ MALLIKARJUNA
S/O LATE BASAVANNA,
AGED ABOUT 30 YEARS,
RESIDING AT DODDAHUNDI VILLAGE,
GUNDLUPET TALUK,
CHAMARAJANAGAR DISTRICT.
...APPELLANT
(BY SRI. H.V.BHANU PRAKASH., ADVOCATE)
AND:
1. SRI. BALUSHEKAR.P
S/O CHANDRASHEKARAN.P
AGED MAJOR,
RESIDING AT POKKINADATHA HOUSE,
EDAKKADU P.O.
KOZHIKODA DISTRICT,
Digitally signed by
THEJASKUMAR N KERALA STATE.
Location: HIGH
COURT OF 2. THE DIVISIONAL MANAGER,
KARNATAKA
ICICI LOMBARD INSURANCE CO.LTD.,
MYTHRI ARCADE,
KANTHARAJA URS ROAD,
SARASWATHIPURAM,
MYSORE-570 021.
...RESPONDENTS
(NOTICE TO R1-DISPENSED WITH V/O DATED:10.04.2019;
BY SRI. B.PRADEEP., ADVOCATE FOR R2)
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NC: 2024:KHC:13520
MFA No. 5614 of 2015
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:29.11.2014
PASSED IN MVC NO.457/2013 ON THE FILE OF THE PRINCIPAL
JUDGE, COURT OF SMALL CAUSES, MYSURU.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.H.V.Bhanu Prakash., learned counsel for the appellant
and Sri.B.Pradeep., learned counsel for respondent No.2 have
appeared in person.
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
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.
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6. The Claimant's appeal is one for enhancement of
compensation. 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.
This Court deems it appropriate to award Rs.21,000/-
(Rupees Twenty One Thousand only) towards Loss of income
during laid up period as against Rs.9,000/- (Rupees Nine
Thousand only).
It is noticed that the Tribunal has awarded Rs.30,000/-
(Rupees Thirty Thousand only) towards loss of income due to
disability. It is contended that the claimant was working as
Tailor and was earning Rs.9,000/- (Rupees Nine 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 2012, the
salary of the injured must be taken as Rs.7,000/- (Rupees
Seven Thousand only) per month. The age of the claimant was
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28 years as on the date of accident, hence the multiplier 17 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 8%. Hence, the amount towards
loss of future earning capacity due to disability is calculated as
under:
Rs.7,000/- X 12 X 17 X 8/100 = Rs.1,14,240/-.
This Court deems it appropriate to award Rs.40,000/-
(Rupees Forty Thousand only) towards Pain and suffering as
against Rs.30,000/- (Rupees Thirty Thousand only).
The compensation of Rs.61,828/- (Rupees Sixty One
Thousand Eight Hundred and Twenty Eight only) towards
medical expenses; Rs.10,000/- (Rupees Ten Thousand only)
towards Conveyance & Special diet and Rs.10,000/- (Rupees
Ten Thousand only) towards Attendant charges remains intact.
This Court deems it appropriate to award Rs.30,000/-
(Rupees Thirty Thousand only) towards loss of amenities as
against Rs.10,000/- (Rupees Ten Thousand only).
NC: 2024:KHC:13520
It is noticed that the Tribunal has not awarded
compensation towards future medical expenses. Therefore, this
Court deems it appropriate to award Rs.20,000/- (Rupees
Twenty Thousand only) towards future medical expenses.
7. Accordingly, this Court re-determines the
compensation as under:-
1. Loss of income during 7,000 X 3 Rs.21,000/-
laid up period
2. Loss of income due to 1,14,240 Rs.1,14,240/-
disability
7,000 x 12 x 17 x 8%
3. Pain and Suffering 30,000 + 10,000 Rs.40,000/-
4. Medical Expenses 61,828 Rs.61,828/-
5. Conveyance & Special 10,000 Rs.10,000/-
diet
6. Attendant charges 10,000 Rs.10,000/-
7. Loss of amenities 10,000 + 20,000 Rs.30,000/-
8. Future medical 20,000 Rs.20,000/-
expenses
Total: Rs.3,07,068/-
(Less) Compensation awarded by the -Rs.1,60,828/-
Tribunal:
Enhanced compensation awarded by Rs.1,46,240/-
this Court:
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8. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:29.11.2014
passed by the MACT, Mysuru, Court of Addl. Judge,
Small Causes and Senior Civil Judge, Mysuru in
M.V.C No.457/2013 is modified to the extent stated
hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.1,46,240/- (Rupees One Lakh
Forty Six Thousand Two Hundred and Forty 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 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
