Karnataka High Court
G V Sharadamma vs Harisha K on 4 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:13857
MFA No. 3205 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.3205 OF 2015(MV-I)
BETWEEN:
G.V.SHARADAMMA
S/O CHANNABASAPPA,
AGED ABOUT 44 YEARS,
FLOWER MERCHANT,
R/O OLD TOWN,
CHALLAKERE CITY-577 522.
CHITRADURGA.
...APPELLANT
(BY SRI. MAHESH., ADVOCATE FOR
SRI. HANUMANTHAPPA.A., ADVOCATE)
AND:
1. HARISHA.K
S/O KYATHANNA,
AGED ABOUT 24 YEARS,
Digitally signed by
R/O DODDERI GRAMA,
THEJASKUMAR N CHALLEKERE TALUK-577 522.
Location: HIGH CHITRADURGA.
COURT OF
KARNATAKA
2. RAMESH SONDA
S/O SIDDANNA SONDA,
MAJOR,
MANAGING PARTNER,
SRI. VENKATESHWARA RICE MILL,
II STAGE, INDUSTRIAL AREA,
MUNDARGI POST-583 101.
BELLARY DISTRICT.
3. THE MANAGER,
THE NEW INDIA ASSURANCE CO. LTD.,
-2-
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MFA No. 3205 of 2015
BRANCH OFFICE, CHITRADURGA,
REPRESENTED THROUGH ITS
DIVISIONAL MANAGER,
DIVISION OFFICE,
THE NEW INDIA ASSURANCE CO. LTD.,
VIDYARTHI BHAVAN CIRCLE,
C.G.HOSPITAL,
DAVANAGERE-577 001.
...RESPONDENTS
(NOTICE TO R1 AND R2-DISPENSED WITH
V/O DATED:10.07.2015;
BY SRI. C.R.RAVISHANKAR., ADVOCATE FOR R3)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:23.02.2015
PASSED IN MVC NO.1009/2011 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE, MEMBER, MACT-IV,
DAVANAGERE.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Mahesh., learned counsel on behalf of
Sri.Hanumanthappa.A., for the appellant and
Sri.C.r.Ravishankar., learned counsel for respondent No.3 have
appeared in person.
2. Though the appeal is listed today for admission, it is
heard finally.
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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.
The compensation of Rs.10,000/- (Rupees Ten Thousand
only) towards pain and sufferings and Rs.12,000/- (Rupees
Twelve Thousand only) towards Probable medical expenses
remains intact.
It is noticed that the Tribunal has awarded compensation
of Rs.42,200/- (Rupees Forty Two Thousand Two Hundred only)
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towards loss of future income due to disability. It is contended
that the claimant was working as Flower merchant. 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 2010, the salary of the injured must be
taken as Rs.5,500/- (Rupees Five Thousand Five Hundred only)
per month. The age of the claimant was 40 years as on the
date of accident, hence the multiplier 15 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 5%. 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.5,500/- X 12 X 15 X 5/100 = Rs.49,500/-.
It is noticed that the Tribunal has not awarded
compensation towards loss of income during laid up period,
food, nourishment & attendant charges and Loss of amenities.
Therefore, this Court deems it appropriate to award
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Rs.16,500/- (Rupees Sixteen Thousand Five Hundred only)
towards loss of income during laid up period; Rs.5,000/-
(Rupees Five Thousand only) towards Food, nourishment &
attendant charges and Rs.17,000/- (Rupees Seventeen
Thousand only) towards loss of amenities.
7. Accordingly, this Court re-determines the
compensation as under:-
1. Pain and Sufferings 10,000 Rs.10,000/-
2. Medical Expenses 12,000 Rs.12,000/-
3. Loss of future income 49,500 Rs.49,500/-
due to disability
4. Loss of income during 5,500 X 3 Rs.16,500/-
laid up period
5. Food, nourishment & 5,000 Rs.5,000/-
attendant charges
6. Loss of amenities 17,000 Rs.17,000/-
Total: Rs.1,10,000/-
(Less) Compensation awarded by the -Rs.64,200/-
Tribunal:
Enhanced compensation awarded by Rs.45,800/-
this Court:
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8. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:23.02.2015
passed by the Court of Prl. Senior Civil Judge &
Member MACT-IV, Davanagere in M.V.C
No.1009/2011 is modified to the extent stated
hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.45,800/- (Rupees Forty Five
Thousand Eight Hundred only) with 6% interest per
annum from the date of the claim petition till the
date of realization.
3. The third 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.
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5. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
TKN
