Karnataka High Court
Srinivasa L vs Ganesh Manjunatha Hegde on 5 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:14161
MFA No. 6010 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.6010 OF 2015(MV-I)
BETWEEN:
SRINIVASA.L
S/O LAKSHMINARAYANA.R,
AGED ABOUT 44 YEARS,
RESIDING AT NO.13 (25),
1ST "C" MAIN, MUNESHWARA BLOCK,
MAHALAKSHMI LAYOUT,
BANGALORE-86.
...APPELLANT
(BY SRI. SHARATH KUMAR., ADVOCATE FOR
SRI. CHETHAN.B., ADVOCATE)
AND:
1. GANESH MANJUNATHA HEGDE
S/O MANJUNATH HEGDE,
MAJOR, NO.43, GANESH TEMPLE,
11TH MAIN, BMT 1ST PHS,
Digitally signed by
BANGALORE-29.
THEJASKUMAR N
Location: HIGH 2.
COURT OF THE MANAGER,
KARNATAKA UNIVERSAL SOMPO GENERAL
INSURANCE COMPANY LIMITED,
KVD TOWERS, NO.73, 2ND FLOOR,
ABOVE BARCLAYA FINANCE,
OPP, 100 FEET ROAD,
INDIRANAGAR, BANGALORE-560 038.
...RESPONDENTS
(NOTICE TO R1-DISPENSED WITH V/O DATED:25.09.2019;
BY SRI. B.PRADEEP., ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
-2-
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MFA No. 6010 of 2015
AGAINST THE JUDGMENT AND AWARD DATED:07.02.2015
PASSED IN MVC NO.1397/2014 ON THE FILE OF THE XIX
ADDITIONAL SMALL CAUSES JUDGE & MACT, BANGALORE.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Sharath Kumar., learned counsel on behalf of
Sri.Chethan.B., for the appellant and Sri.B.Pradeep., learned
counsel for respondent No.2 have appeared 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.
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
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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.
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 2014, the salary of the injured must be taken as
Rs.8,500/- (Rupees Eight Thousand Five Hundred only) per
month. The age of the claimant was 43 years as on the date of
accident, hence the multiplier 14 is to be adopted.
At the time of calculation, learned counsel for the
claimant and Insurance Company jointly submits that the
disability may be assessed at 18%. Hence, the amount towards
loss of future earning capacity due to disability is calculated as
under:
Rs.8,500/- X 12 X 14 X 18/100 = Rs.2,57,040/-.
The compensation awarded by the Tribunal under other
heads remains intact.
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It is noticed that the Tribunal has not awarded
compensation towards Loss of amenities. Hence, this Court
deems it appropriate to award Rs.30,000/- (Rupees Thirty
Thousand only) towards Loss of amenities.
7. Accordingly, this Court re-determines the
compensation as under:-
1. Pain and Agony 50,000 Rs.50,000/-
2. Medical Expenses 1,18,886 Rs.1,18,886/-
3. Loss of income during 30,000 Rs.30,000/-
laid up period
4. Loss of income due to 2,57,040 Rs.2,57,040/-
disability
5. Food and nourishment 10,000 Rs.10,000/-
6. Attendant Charges 9,000 Rs.9,000/-
7. Loss of amenities 30,000 Rs.30,000/-
Total: Rs.5,04,926/-
(Less) Compensation awarded by the -Rs.3,99,326/-
Tribunal:
Enhanced compensation awarded by Rs.1,05,600/-
this Court:
8. Hence, the following:
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ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:07.02.2015
passed by the Court of MACT, Bangalore (SCCH-17)
in M.V.C No.1397/2014 is modified to the extent
stated hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.1,05,600/- (Rupees One Lakh
Five Thousand Six Hundred only) with interest at
the rate of 6% 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.
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5. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
MRP
