Karnataka High Court
Chandru H R vs Punith Kumar on 2 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:13340
MFA No. 6521 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.6521 OF 2015(MV-I)
BETWEEN:
CHANDRU.H.R.
S/O CHIKKA RANGAPPA,
AGED 28 YEARS,
R/AT VADEGATTA VILLAGE,
UTTARIDURAGA HOBLI,
KEREKODI MAIN ROAD, HOSAKEREHALLI,
KUNIGAL TALUK,
TUMKUR DISTRICT-572 130.
...APPELLANT
(BY SRI. SRIDHAR.D.S., ADVOCATE)
AND:
1. PUNITH KUMAR
S/O BASAVAIAH,
MAJOR,
Digitally signed by R/AT NO.10, 7TH MAIN,
THEJASKUMAR N KAMAKSHIPALYA,
Location: HIGH BENGALURU-560 079.
COURT OF
KARNATAKA
2. M/S. TATA AIG GENERAL INSURANCE CO. LTD.,
5TH FLOOR, WEST ENTRANCE,
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU-560 001,
REPRESENTED BY ITS MANAGER.
...RESPONDENTS
(NOTICE TO R1-DISPENSED WITH V/O DATED:12.03.2020;
BY SRI. RAVI.S.SAMPRATHI., ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
-2-
NC: 2024:KHC:13340
MFA No. 6521 of 2015
AGAINST THE JUDGMENT AND AWARD DATED:10.02.2015
PASSED IN MVC NO.7269/2012 ON THE FILE OF THE JUDGE,
COURT OF SMALL CAUSES AND XXVI ACMM, MACT,
BENGALURU.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Sridhar.D.S., learned counsel for the appellant and
Sri.Ravi.S.Samprathi., learned counsel for the 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 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.
The amount of Rs.35,000/- (Rupees Thirty Five Thousand
only) towards Pain and sufferings; Rs.73,000/- (Rupees
Seventy Three Thousand only) towards Medical expenses
awarded by the Tribunal remains intact.
It is noticed that the Tribunal has awarded compensation
of Rs.1,04,000/- (Rupees One Lakh Four Thousand only)
towards Loss of future income due to permanent disability. It is
contended that the claimant was working as coolie and earning
a sum of Rs.7,500/- (Rupees Seven Thousand Five Hundred
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
NC: 2024:KHC:13340
Seven Thousand only) per month. The age of the claimant was
25 years as on the date of accident, hence the multiplier 18 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 income due to permanent disability is calculated
as under:
Rs.7,000/- X 12 X 18 X 8/100 = Rs.1,20,960/-
This Court deems it appropriate to award Rs.15,000/-
(Rupees Fifteen Thousand only) towards Attendant charges as
against Rs.8,000/- (Rupees Eight Thousand only); Rs.21,000/-
(Rupees Twenty One Thousand only) towards Loss of income
during laid of period as against Rs.18,000/- (Rupees Eighteen
Thousand only) and Rs.30,000/- (Rupees Thirty Thousand only)
towards Loss of future amenities and unhappiness as against
Rs.15,000/- (Rupees Fifteen Thousand only) awarded by the
Tribunal.
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7. Accordingly, this Court re-determines the
compensation as under:-
1. Pain and Sufferings 35,000 Rs.35,000/-
2. Attendant Charges 8,000 + 7,000 Rs.15,000/-
3. Medical Expenses 73,000 Rs.73,000/-
4. Loss of future income 1,20,960 Rs.1,20,960/-
due to permanent
disability
5. Loss of income during 7,000 x 3 Rs.21,000/-
laid of period
6. Loss of future amenities 15,000 + 15,000 Rs.30,000/-
and unhappiness
Total: Rs.2,94,960/-
Rounded off to: Rs.2,95,000/-
(Less) Compensation awarded by the -Rs.2,53,000/-
Tribunal:
Enhanced compensation awarded by Rs.42,000/-
this Court:
8. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:10.02.2015
passed by the Court of Small Causes and MACT,
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Bengaluru (SCCH-09) in M.V.C No.7269/2012 is
modified to the extent stated hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.42,000/- (Rupees Forty Two
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 - 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
