Karnataka High Court
Sri C M Basavaraju vs K B Umesh on 2 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:13341
MFA No. 6816 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.6816 OF 2015(MV-I)
BETWEEN:
SRI. C.M.BASAVARAJU
S/O MALLAPPA,
AGED ABOUT 35 YEARS,
R/AT NO.139, 30TH CROSS,
GANAPATHI NAGARA,
LAGGERE, PEENYA INDUSTRIAL AREA,
BANGALORE-560 058.
...APPELLANT
(BY SRI. N.S.BHAT., ADVOCATE)
AND:
1. K.B.UMESH
MAJOR,
PROP: KUKKESHREE TRAVELS,
NO.19/4, A.V.ROAD,
KALASIPALYAM,
Digitally signed by BANGALORE-560 002.
THEJASKUMAR N
Location: HIGH
COURT OF 2. THE MANAGER,
KARNATAKA ICICI LOMBARD GENERAL
INSURANCE COMPANY LIMITED,
PRESTIGE COMPLEX,
GLOBAL TOWERS,
RICHMOND ROAD,
BANGALORE-560 025.
...RESPONDENTS
(NOTICE TO R1-DISPENSED WITH V/O DATED:23.07.2019;
BY SRI. LAKSHMI NARASAPPA., ADVOCATE FOR
SRI. A.M.VENKATESH., ADVOCATE FOR R2)
-2-
NC: 2024:KHC:13341
MFA No. 6816 of 2015
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:05.01.2015
PASSED IN MVC NO.4405/2013 ON THE FILE OF THE I
ADDITIONAL SMALL CAUSES JUDGE, XXVII ACMM, MACT,
BENGALURU.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.N.S.Bhat., learned counsel for the appellant has
appeared in person.
Sri.Lakshminarasappa., learned counsel on behalf of
Sri.A.M.Venkatesh., for respondent No.2 has appeared through
video conferencing.
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
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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.
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.8,800/- (Rupees Eight Thousand Eight
Hundred only) towards Medical expenses and Rs.12,000/-
(Rupees Twelve Thousand only) towards Food, nourishment
and conveyance awarded by the Tribunal remains intact.
Hence, this Court deems it appropriate to award
Rs.35,000/- (Rupees Thirty Five Thousand only) towards Loss
of amenities in life as against Rs.25,000/- (Rupees Twenty Five
Thousand only) awarded by the Tribunal.
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Similarly, this Court deems it appropriate to award
Rs.40,000/- (Rupees Forty Thousand only) towards Pain and
agony as against Rs.20,000/- (Rupees Twenty Thousand only)
and Rs.24,000/- (Rupees Twenty Four Thousand only) towards
Loss of income during laid up period as against Rs.10,000/-
(Rupees Ten Thousand only) awarded by the Tribunal.
It is noticed that the Tribunal has awarded compensation
of Rs.1,72,800/- (Rupees One Lakh Seventy Two Thousand
Eight Hundred only) towards Loss of income due to disability. It
is contended that the claimant was working as Machine
Operator and earning a sum of Rs.15,000/- (Rupees Fifteen
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 2013, the salary of the injured must be taken as
Rs.8,000/- (Rupees Eight Thousand only) per month. The age
of the claimant was 34 years as on the date of accident, hence
the multiplier 16 is to be adopted.
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At the time of calculation, learned counsel for the
claimant and Insurance Company jointly submits that the
disability may be assessed at 18%. Hence, the amount towards
loss of future earning capacity due to disability is calculated as
under:
Rs.8,000/- X 12 X 16 X 18/100 = Rs.2,76,480/-.
7. Accordingly, this Court re-determines the
compensation as under:-
1. Medical expenses 8,800 Rs.8,800/-
2. Food, nourishment and 12,000 Rs.12,000/-
conveyance
3. Loss of amenities in life 25,000 + 10,000 Rs.35,000/-
4. Pain and agony 20,000 + 20,000 Rs.40,000/-
5. Loss of income during 8,000 x 3 Rs.24,000/-
laid up period
6. Loss of income due to 2,76,480 Rs.2,76,480/-
disability
Total: Rs.3,96,280/-
(Less) Compensation awarded by the -Rs.2,48,600/-
Tribunal:
Enhanced compensation awarded by Rs.1,47,680/-
this Court:
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8. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:05.01.2015
passed by the Court of the MACT, Bangalore,
(SCCH-11) in M.V.C No.4405/2013 is modified to
the extent stated hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.1,47,680/- (Rupees One Lakh
Forty Seven Thousand Six Hundred and Eighty
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.
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4. Needless to observe that the claimant is
not entitled for the interest for delayed period.
5. The Registry to draw the modified award
accordingly.
6. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
MRP
