Karnataka High Court
Smt Manjula vs M Shashikala on 4 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:13958
MFA No. 6398 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.6398 OF 2015(MV-I)
BETWEEN:
SMT. MANJULA
W/O D.V.NIJALINGEGOWDA,
AGED ABOUT 53 YEARS,
NO.12, 12TH CROSS,
SOMESHWAR LAYOUT,
BANNERGHATTA ROAD,
BILEKAHALLI, BENGALURU-560 078.
C/O BORESH.B.C.,
S/O CHIKKAMOOGEGOWDA,
MADDUR TALUK,
MANDYA DISTRICT-571 432.
...APPELLANT
(BY SRI. VEERESH.K., ADVOCATE FOR
SRI. CHANDRASHEKAR.H.B., ADVOCATE)
AND:
Digitally signed by 1. M.SHASHIKALA
THEJASKUMAR N
Location: HIGH W/O B.K.MANJUNATHA,
COURT OF R/O NO.454, 16TH CROSS,
KARNATAKA 1ST B MAIN, 4TH STAGE,
J.P.NAGAR, BENGALURU-560 078.
2. THE MANAGER,
TATA AIG INSURANCE CO.LTD.,
NO.69, 3RD FLOOR,
JAMBUKESHWARI ARCADE,
MILLARS ROAD, BENGALURU.
...RESPONDENTS
(R1-SERVED AND UNREPRESENTED;
BY SRI. RAVI.S.SAMPRATHI., ADVOCATE FOR R2)
-2-
NC: 2024:KHC:13958
MFA No. 6398 of 2015
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:27.04.2015
PASSED IN MVC NO.327/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND MACT AT MALAVALLI.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Veeresh.K., learned counsel on behalf of
Sri.Chandrashekar.H.B., for the appellant has appeared in
person.
Notice to the respondents was ordered on 15.06.2016. A
perusal of the office note depicts that respondent No.1 is
served and unrepresented. She has neither engaged the
services of an advocate nor conducted the case as party 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.
NC: 2024:KHC:13958
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 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. Hence, this Court deems
it appropriate to award Rs.40,000/- (Rupees Forty Thousand
only) towards pain and suffering as against Rs.30,000/-
(Rupees Thirty Thousand only).
The compensation of Rs.70,000/- (Rupees Seventy
Thousand only) towards Medical Expenses, Rs.10,000/-
(Rupees Ten Thousand only) towards Attendant, Nutritious
food, loss of income and Rs.15,000/- (Rupees Fifteen Thousand
only) towards Future medical expenses remains intact.
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It is noticed that the Tribunal has awarded Rs.59,400/-
(Rupees Fifty Nine Thousand Four Hundred only) towards
Permanent disability. The claimant has not produced any
documents to show the exact 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 51 years as on
the date of accident, hence the multiplier 11 is to be adopted.
At the time of calculation, learned counsel for the
claimant and Insurance Company jointly submits that the
Tribunal has assessed the disability at 10%. Hence, the same
may be taken into consideration in this appeal also. Therefore,
the amount towards loss of future earning capacity due to
disability is calculated as under:
Rs.8,000/- X 12 X 11 X 10/100 = Rs.1,05,600/-
Therefore, the claimant is entitled for compensation of
Rs.1,05,600/- (Rupees One Lakh Five Thousand Six Hundred
only) towards loss of future earning capacity due to disability
NC: 2024:KHC:13958
as against Rs.59,400/- (Rupees Fifty Nine Thousand Four
Hundred only).
7. Accordingly, this Court re-determines the
compensation as under:-
1. Pain and Suffering 30,000 + 10,000 Rs.40,000/-
2. Medical Expenses 70,000 Rs.70,000/-
3. Attendant, Nutritious 10,000 Rs.10,000/-
food, loss of income
4. Future medical 15,000 Rs.15,000/-
expenses
5. Loss of future earning 1,05,600 Rs.1,05,600/-
capacity due to
disability
8,000 x 12 x 11 x 10%
Total: Rs.2,40,600/-
(Less) Compensation awarded by the -Rs.1,84,400/-
Tribunal:
Enhanced compensation awarded by Rs.56,200/-
this Court:
8. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:27.04.2015
NC: 2024:KHC:13958
passed by the Court of Senior Civil Judge and
M.A.C.T, Malavalli in M.V.C No.327/2014 is
modified to the extent stated hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.56,200/- (Rupees Fifty Six
Thousand Two Hundred only) with 6% interest 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
TKN
