Karnataka High Court
Basappa S/O Abaleppa vs Rajjab Ali And Anr on 3 April, 2024
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NC: 2024:KHC-K:2781
MFA No. 200378 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. 200378 OF 2022 (MV-I)
BETWEEN:
SRI BASAPPA S/O ABALEPPA,
AGE: 63 YEARS, OCC: AGRICULTURE,
NOW NIL, R/O. YANNI WADGERA,
SHORAPUR, NOW RESIDING
AT POLICE QUARTERS,
TQ: SHAHAPUR, DIST: YADGIR-585 223.
...APPELLANT
(BY SRI BHEEMARAYA M.N., ADVOCATE)
AND:
1. SRI RAJJAB ALI
S/O ABDUL NABI HEERA,
Digitally AGE: 53 YEARS, OCC: NIL,
signed by
SACHIN R/O. ATHANUR VILLAGE,
Location: TQ: MANVI, DIST: RAICHUR-584 123.
HIGH COURT
OF
KARNATAKA
2. THE DIVISIONAL MANAGER,
THE UNITED INDIA INSURANCE
COMPANY LIMITED,
2ND FLOOR, CENTURY COMPLEX,
NEAR OLD PRAKASH THEATER,
NEHRU GUNJ ROAD,
KALABURAGI-585 103.
...RESPONDENTS
(BY SRI S.S.ASPALLI, ADVOCATE FOR R-2;
V/O DTD.01.02.2024 NOTICE TO R-1 IS DISPENSED WITH)
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MFA No. 200378 of 2022
THIS MFA IS FILED IS U/S. 173(1) OF MV ACT, PRAYING
TO MODIFY THE JUDGMENT AND AWARD DATED 25.01.2021
PASSED IN MVC NO.146/2018 ON THE FILE OF THE COURT OF
THE SENIOR CIVIL JUDGE AND JMFC AND ADDL. MOTOR
ACCIDENT CLAIMS TRIBUNAL NO.4 SHAHAPUR AND ALLOW
THIS APPEAL TO GRANT THE COMPENSATION AMOUNT BY
RS.13,81,100/- ONLY AS CLAIMED BY THE APPELLANT BEFORE
THIS HON'BLE COURT, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri Bheemaraya M.N., learned counsel for the
appellant as well as Sri S.S.Aspalli, learned counsel
appearing for respondent No.2.
2. This is a claimant's appeal.
3. Challenge in this appeal is the order that is
rendered by the Motor Accident Claims Tribunal-IV,
Shahapur in M.V.C.No.146/2018 dated 25.01.2021.
4. As against the claim for Rs.17,00,000/-, the
Tribunal awarded a sum of Rs.3,18,900/- as compensation
and aggrieved by the same, the present appeal is
preferred.
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5. On this day, learned counsel for the appellant
Sri Bheemaraya M.N., as well as learned counsel
appearing for respondent No.2-Sri S.S.Aspalli, collectively
submits that the Tribunal erred in taking the notional
income and except that there is nothing to interfere. The
Tribunal taking the notional income as Rs.8,000/- per
month proceeded with the calculation of loss of earnings
due to disability. However, as rightly stated even the
Karnataka State Legal Services Authority is taking the
notional income as Rs.8,750/- per month in respect of the
accidents that occurred in the year 2016. In case, the said
figure is taken as notional income i.e., Rs.8,750/-, without
disturbing all other parameters i.e., the appropriate
multiplier as '7' and the disability as 15%, the loss of
earnings due to disability comes to Rs.1,10,250/-. The
Tribunal awarded a sum of Rs.1,00,800/- under the head
'loss of future income'. Thus, additional sum that can be
granted would be Rs.9,450/-.
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6. Also, it is seen from the record that the Tribunal
awarded a sum of Rs.24,000/- as compensation for the
loss of earnings during laid-up period, taking the notional
income as Rs.8,000/-. As the monthly earnings is
enhanced by Rs.750/-, the appellant is entitled for
additional sum of Rs.2,250/- under the said head. Hence
in all the appellant would be entitled for enhanced sum of
Rs.11,700/- (Rs.9,450/- + Rs.2,250/-) which is rounded of
to Rs.12,000/-. Thus, the following :
ORDER
i) The appeal is allowed in part.
ii) The amount awarded as compensation by
the Motor Accident Claims Tribunal-IV,
Shahapur through orders in
M.V.C.No.146/2018 dated 25.01.2021 is
enhanced by Rs.12,000/-.
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 within a
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period of eight weeks from the date of
receipt of copy of this judgment.
v) On such deposit, the appellant is permitted
to withdraw the entire amount.
Sd/-
JUDGE
SN
