Karnataka High Court
Heena Begum W/O Ismail Shaik vs Ramkrishan S/O Vasudev Rao Boralkar And ... on 3 April, 2024
-1-
NC: 2024:KHC-K:2787
MFA No. 200978 of 2022
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF APRIL, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCL. FIRST APPEAL NO.200978 OF 2022 (MV-I)
BETWEEN:
HEENA BEGUM
W/O ISMAIL SHAIK,
AGE: 29 YEARS,
OCC: HOUSEHOLD & TAILOR,
R/O DABARABAD CROSS,
RAJ FUNCTION HALL,
KAREEM COLONY, KALABURAGI,
NOW AT RAVOOR,
TQ: CHITTAPUR,
DIST: KALABURAGI.
...APPELLANT
Digitally (BY SRI SANJEEV PATIL, ADVOCATE)
signed by
SACHIN
Location: AND:
HIGH COURT
OF
KARNATAKA
1. RAMKRISHAN
S/O VASUDEV RAO BORALKAR,
AGE: MAJOR, OCC: OWNER OF
MOTORCYCLE NO.KA-32/R-2402,
R/O H.NO.12-40, RAKESH NILAYA,
REVANSIDDESHWAR COLONY,
KALABURAGI-585 103.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
II FLOOR, CENTURY COMPLEX,
-2-
NC: 2024:KHC-K:2787
MFA No. 200978 of 2022
OPP. SANGAM TALKIES,SUPER MARKET,
KALABURAGI-585 102.
...RESPONDENTS
(SRI S.S. ASPALLI, ADVOCATE FOR R-2;
V/O DTD. 27.05.2022 NOTICE TO R-1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT
AND AWARD DATED 04.10.2021 PASSED BY THE LEARNED
SENIOR CIVIL JUDGE AND MACT AT CHITTAPUR IN MVC
NO.484/2018 BY ENHANCING THE COMPENSATION AMOUNT
AS PRAYED FOR.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri Sanjeev Patil, learned counsel for the
appellant as well as Sri S.S. Aspalli, learned counsel
appearing for respondent No.2. Notice to respondent No.1
stood dispensed with.
2. Projecting that the amount awarded as
compensation is grossly low, the claimant preferred the
present appeal challenging the order that is rendered by
the Motor Accident Claims Tribunal, Chittapur in MVC
No.484/2018 dated 04.10.2021.
NC: 2024:KHC-K:2787
3. As against the claim for Rs.21,50,000/-, the
Tribunal through the impugned order, awarded a sum of
Rs.5,81,000/- as compensation.
4. On this day, Sri Sanjeev Patil, learned counsel
for the appellant submits that the appellant as a tailor was
earning Rs.20,000/- per month, but due to the grievous
injuries sustained, she lost her entire livelihood, but the
Tribunal did not consider the same. Learned counsel also
states that the Tribunal erred in assessing the notional
income of the appellant as Rs.9,000/- per month.
5. Admittedly, the Karnataka State Legal Services
Authority is taking the notional income as Rs.10,250/- for
settlement of the cases in respect of the accidents that
occurred in the year 2017. However, in the case on hand,
the Tribunal had taken only Rs.9,000/- per month as
notional income. The appellant by producing Ex.P16 -
Tailoring Certificate, established that she completed
tailoring course. Thus, it is clear that the appellant was a
tailor by profession by the date of accident. Having regard
NC: 2024:KHC-K:2787
to the fact that the notional income is taken as
Rs.10,250/- in the cases where the occupation and actual
earnings is not established and as in this case the
occupation is established in clear terms, this Court
considers desirable to take the income of the appellant as
Rs.12,000/- per month.
6. The disability as assessed by PW.2 is 31%,
which is permanent physical disability. The Tribunal took
the permanent physical disability in respect of whole body
as 18%. This Court does not find any ground to interfere
with the said finding. However, there is requirement to
add future prospects, as the capability of the appellant to
continue the profession would be diminished in future to
the extent of disability.
7. Thus, considering the age of the appellant as
between 26 and 30 years by the date of accident, adding
40% as future prospects and applying the multiplier of 17
with disability as 18%, the loss of future earnings comes
to Rs.6,16,896/- (Rs.12,000 + 40% x 12 x 17 x 18%).
NC: 2024:KHC-K:2787
The Tribunal awarded a sum of Rs.3,67,200/- under the
head 'loss of future earnings'. Therefore, the enhancement
under the head 'loss of future earnings' is Rs.2,49,696/-
(Rs.6,16,896 - Rs,3,67,200).
8. That apart, in the light of the enhancement of
income from Rs.9,000/- to Rs.12,000/-, an additional sum
of Rs.10,000/- is required to be added under the head
'loss of income during laid up period' to that of the amount
awarded by the Tribunal.
9. Thus, the enhancement in all would be
Rs.2,59,696/-, which is rounded off to Rs.2,60,000/-.
10. In the light of the foregoing discussion, the
following:
ORDER
i) The appeal is allowed in part.
ii) The amount awarded as compensation by the
Motor Accident Claims Tribunal, Chittapur
through orders in MVC No.484/2018 dated
NC: 2024:KHC-K:2787
04.10.2021 is enhanced by Rs.2,60,000/-
(Rupees Two Lakhs Sixty Thousand only).
iii) The enhanced amount shall carry interest at
the rate of 6% per annum from the date of
petition till the date of deposit.
iv) The second respondent is directed to deposit
the enhanced amount with interest within a
period of eight weeks from the date of receipt
of copy of this order.
v) On such deposit, the appellant is permitted to
withdraw the entire amount.
Sd/-
JUDGE
LG
