Karnataka High Court
Umesh Naik vs Prathap Hegde on 2 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:13522
MFA No. 3418 of 2016
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.3418 OF 2016(MV-I)
BETWEEN:
KRISHNA NAIK
S/O DEVANNA NAIK,
AGED ABOUT 26 YEARS,
R/A HEBSHINAKODLU,
NANCHARA VILLAGE,
UDUPI TALUK-576 234.
...APPELLANT
(BY SRI. MAHESH SHETTY., ADVOCATE)
AND:
1. PRATHAP HEGDE
S/O SHEKARA HEGDE,
R/O MARALLI, NALKOOR VILLAGE,
UDUPI TALUK-576 234.
Digitally signed by
THEJASKUMAR N
Location: HIGH 2. RELIANCE INSURANCE CO.LTD.,
COURT OF MAXIMUS COMMERCIAL COMPLEX,
KARNATAKA
4TH FLOOR, LIGHT HOUSE HILL ROAD,
HAMPANAKATTA, MANGALORE-575 001.
...RESPONDENTS
(NOTICE TO R1-DISPENSED WITH V/O DATED:23.11.2023;
BY SRI. H.S.LINGARAJ., ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:24.11.2015
PASSED IN MVC NO.210/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE, MEMBER, ADDITIONAL MACT, KUNDAPURA.
-2-
NC: 2024:KHC:13522
MFA No. 3418 of 2016
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
DISMISSAL, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Mahesh Shetty., learned counsel for the appellant and
Sri.H.S.Lingaraj., learned counsel for respondent No.2 have
appeared in person
2. Though the appeal is listed today for dismissal, 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.
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.
NC: 2024:KHC:13522
The compensation of Rs.45,000/- (Rupees Forty Five
Thousand only) towards Pain and Sufferings, Rs.70,490/-
(Rupees Seventy Thousand Four Hundred and Ninety only)
towards medical expenses and Rs.39,000/- (Rupees Thirty Nine
Thousand only) towards loss of income during laid up period
remains intact.
It is noticed that the Tribunal has awarded Rs.1,40,400/-
(Rupees One Lakh Forty Thousand Four Hundred only) towards
loss of future income due to disability. It is contended that the
claimant was working as Mason and was earning Rs.18,000/-
(Rupees Eighteen Thousand only) per month. 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/- (Rupees Eight Thousand
Five Hundred only) per month. The age of the claimant was 26
years as on the date of accident, hence the multiplier 17 is to
be adopted.
At the time of calculation, the disability is assessed at
10%. Hence, the amount towards loss of future earning
capacity due to disability is calculated as under:
Rs.8,500/- X 12 X 17 X 10/100 = Rs.1,73,400/-.
NC: 2024:KHC:13522
This Court deems it appropriate to award Rs.30,000/-
(Rupees Thirty Thousand only) towards loss of amenities as
against Rs.24,000/- (Rupees Twenty Four Thousand only).
The compensation of Rs.10,000/- (Rupees Ten Thousand
only) awarded by the Tribunal towards future medical expenses
remains intact.
7. Accordingly, this Court re-determines the
compensation as under:-
1. Pain and Sufferings 45,000 Rs.45,000/-
2. Medical Expenses 70,490 Rs.70,490/-
3. Loss of income during 39,000 Rs.39,000/-
laid up period
4. Loss of future income 1,73,400 Rs.1,73,400/-
due to disability
5. Loss of amenities 24,000 + Rs.30,000/-
6,000
6. Future medical expenses 10,000 Rs.10,000/-
Total: Rs.3,67,890/-
(Less) Compensation awarded by the -Rs.3,24,890/-
Tribunal:
Enhanced compensation awarded by Rs.43,000/-
this Court:
8. Hence, the following:
NC: 2024:KHC:13522
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:24.11.2015
passed by the Court of Senior Civil Judge and
Addl. MACT, Kundapura in M.V.C No.210/2014 is
modified to the extent stated hereinabove.
2. The claimant is entitled for the
enhanced compensation of Rs.43,000/- (Rupees
Forty Three 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.
NC: 2024:KHC:13522
5. Office is directed to transmit the
original records to the concerned Tribunal
forthwith.
Sd/-
JUDGE
TKN
