Karnataka High Court
Raju S/O Shreemanth Malagi vs Shreemanth And Anr on 4 April, 2024
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MFA No. 200425 of 2020
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCL. FIRST APPEAL NO. 200425 OF 2020 (MV-I)
BETWEEN:
RAJU S/O SHREEMANTH MALAGI
AGE: 29 YEARS, OCC: AGRICULTURE,
R/O. MORATAGI, TQ: SINDAGI ,
NOW AT KANAKADAS BADAVANE,
VIJAYAPUR, TQ & DIST: VIJAYAPUR-586 101.
...APPELLANT
(BY SRI KOUJALAGI CHANDRAKANT LAXMAN, ADVOCATE)
AND:
1. SHREEMANTH S/O CHANDARAM MADAR,
Digitally AGE: 54 YEARS, OCC: BUSINESS,
signed by
SACHIN R/O. MORATAGI, TQ: SINDAGI
Location: DIST: VIJAYAPUR-586 101
HIGH COURT
OF
KARNATAKA
2. THE DIVISIONAL MANAGER,
ORIENTAL INSURANCE
COMPANY LIMITED,
BIDARI COMPLEX, 1ST FLOOR,
S.S.FRONT ROAD, VIJAYAPUR,
DIST: VIJAYAPUR-586 101.
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R-2;
NOTICE TO R-1 - SERVED)
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MFA No. 200425 of 2020
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
MODIFY THE JUDGMENT AND AWARD DATED 21.01.2020
PASSED IN MVC NO.1889/2016 ON THE FILE OF THE COURT
MEMBER OF MACT NO.XII AND I ADDL.SENIOR CIVIL JUDGE,
VIJAYAPUR AT VIJAYAPUR AND ALLOW THIS APPEAL TO GRANT
THE COMPENSATION OF AMOUNT BY RS.8,45,480/- 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 Koujalagi Chandrakanth Laxman, learned
counsel for the appellant as well as Smt.Preeti Patil
Melkundi, learned counsel appearing for respondent No.2.
Despite service of notice none appears for respondent
No.1.
2. Projecting that the sum awarded as
compensation is grossly low, the claimant in
M.V.C.No.1889/2016 preferred the present appeal
challenging the order that is passed by the Motor Accident
Claims Tribunal-XII, Vijyapur dated 21.01.2020.
3. Sri Koujalagi Chandrakanth Laxman, while
arguing the matter submits that the appellant sustained
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grievous injuries due to the accident and spent huge
amount towards medical expenses. Learned counsel
submits that the appellant who was aged about 25 years
by the date of accident, by doing agricultural work was
earning Rs.15,000/- per month, but due to the injuries
sustained he became permanently disabled. Learned
counsel states that the Tribunal took the notional income
as Rs.8,000/- per month and proceeded with the
calculation for loss of future income and ultimately arrived
at a wrong conclusion. Learned counsel also contends that
the compensation awarded under all other heads is also
low. Learned counsel ultimately seeks for an enhancement
of compensation.
4. Smt.Preeti Patil Melkundi submits that the
appellant failed to produced any proof with regard to the
occupation and earnings as on date of accident and
therefore the Tribunal took the notional income as
Rs.8,000/- per month. Undoubtedly, the Karnataka State
Legal Services Authority, in respect of the accidents that
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occur in the year 2016 and where the income is not
established in certain terms, is taking the notional income
as Rs.8,750/-. Therefore, this Court considers desirable to
apply the said figure. Also there is requirement to add
future prospects. As the appellant was aged about 25
years by the date of accident, as per the decision of the
Hon'ble Apex Court in the case of National Insurance
Company Limited vs. Pranay Sethi and others
reported in (2017) 16 SCC 680, 40% of the income is
added towards future prospects. Without disturbing the
other parameters i.e., the appropriate multiplier '18' and
the disability in respect of whole body as 9%, loss of
future earning comes to Rs.2,38,140/- (8,750+40%x
12x18x9%).
5. Having regard to the grievous injuries sustained
and the nature of treatment taken which is borne by
record, this Court is of the view that the request of the
learned counsel for the appellant for enhancement under
all other heads to a reasonable extent is desirable. Thus,
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the compensation which the appellant is entitled would be
is as under :-
Sl. Compensation awarded by
Heads
No. Tribunal This Court
1. Pain and suffering Rs.20,000/- Rs.40,000/-
2. Medical expenses Rs.84,000/- Rs.84,000/-
3. Loss of income due Rs.1,55,520/- Rs.2,38,140/-
to functional physical
disability
4. Food and Rs.5,000/- Rs.10,000/-
nourishment
5. Attendant charges Rs.5,000/- Rs.10,000/-
6. Conveyance charges Rs.5,000/- Rs.10,000/-
7. Loss of amenities Rs.30,000/- Rs.40,000/-
and future
unhappiness
Total Rs.3,04,520/- Rs.4,32,140/-
6. Thus, the just amount which can be awarded as
compensation is Rs.4,32,140/-. Hence, the following :
ORDER
i) The appeal is allowed in part.
ii) The amount awarded as compensation by
the Motor Accident Claims Tribunal-XII,
Vijaypur through orders in
M.V.C.No.1889/2016 dated 21.01.2020 is
enhanced from Rs.3,04,520/- to
Rs.4,32,140/-.
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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
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 same.
Sd/-
JUDGE
SN
