Karnataka High Court
Sri. Sourav Kumardhar vs Branch Manager on 5 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:14270
MFA No. 6034 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.6034 OF 2015(MV-I)
BETWEEN:
SRI. SOURAV KUMARDHAR
S/O SUSANT RANJANDHAR,
AGED 27 YEARS,
PERMANENT R/A RUPAI,
THINSUKIA DISTRICT,
ASSAM.
PRESENTLY R/A. C/O SRI. SAI.P.G.,
WILSON GARDEN,
BENGALURU-560 027.
...APPELLANT
(BY SRI. RAGHAVENDRA., ADVOCATE FOR
SMT. GAYATHRI.E.P., ADVOCATE)
AND:
1. BRANCH MANAGER,
THE ICICI LOMBARD GENERAL
Digitally signed by
THEJASKUMAR N INSURANCE CO.LTD.,
Location: HIGH NO.89, S.V.R.COMPLEX,
COURT OF 2ND FLOOR, HOSURU MAIN ROAD,
KARNATAKA
MADIWALA, BANGALORE-560 068.
2. C.ARUN KUMAR
S/O CHANDRAPPA,
R/A NO. 24/4, 16TH CROSS,
9TH MAIN, LAKKASANDRA,
BENGALURU-560 030.
...RESPONDENTS
(BY SRI. B.C.SHIVANNE GOWDA., ADVOCATE FOR R1;
R2-SERVED AND UNREPRESENTED)
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NC: 2024:KHC:14270
MFA No. 6034 of 2015
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:11.08.2014
PASSED IN MVC NO.6224/2012 ON THE FILE OF THE MEMBER,
MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES,
MACT, BENGALURU.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Raghavendra., learned counsel on behalf of
Smt.Gayathri.E.P., for the appellant has appeared through
video conferencing.
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.
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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.
The compensation of Rs.5,78,000/- (Rupees Five Lakh
Seventy Eight Thousand only) towards Medical bills remains
intact.
It is noticed that the Tribunal has awarded compensation
of Rs.1,94,400/- (Rupees One Lakh Ninety Four Thousand Four
Hundred only) towards loss of future income. It is contended
that the claimant was working at H.P Clothing (India) and was
earning Rs.15,000/- (Rupees Fifteen Thousand only) per
month. 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 2012, the salary of the
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injured must be taken as Rs.7,000/- (Rupees Seven Thousand
only) per month. The age of the claimant was 24 years as on
the date of accident, hence the multiplier 18 is to be adopted.
At the time of calculation, the disability is assessed at
25%. Hence, the amount towards loss of future earning
capacity due to disability is calculated as under:
Rs.7,000/- X 12 X 18 X 25/100 = Rs.3,78,000/-.
This Court deems it appropriate to award Rs.42,000/-
(Rupees Forty Two Thousand only) towards loss of income
during laid up period as against Rs.36,000/- (Rupees Thirty Six
Thousand only).
The compensation awarded under other heads remains
intact.
7. Accordingly, this Court re-determines the
compensation as under:-
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1. Medical bills 5,78,000 Rs.5,78,000/-
2. Loss of future income 3,78,000 Rs.3,78,000/-
7,000 x 12 x 18 x 25%
3. Loss of income during 7,000 X 6 Rs.42,000/-
laid up period
4. Pain and suffering 50,000 Rs.50,000/-
5. Nourishment and 20,000 Rs.20,000/-
attendant charges
6. Conveyance 20,000 Rs.20,000/-
7. Disfiguration 25,000 Rs.25,000/-
8. Loss of amenities 25,000 Rs.25,000/-
Total: Rs.11,38,000/-
(Less) Compensation awarded by the -Rs.9,49,000/-
Tribunal:
Enhanced compensation awarded by Rs.1,89,000/-
this Court:
8. Having regard to the facts and circumstances of the
case and the prevailing rate of interest during the relevant
time, this Court deems it appropriate to award interest at the
rate of 6% per annum on the enhanced compensation amount
from the date of claim petition till realization.
Hence, the following:
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ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:11.08.2014
passed by the Motor Vehicles Accident Claims
Tribunal, Bangalore (SCCH-14) in M.V.C
No.6224/2012 is modified to the extent stated
hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.1,89,000/- (Rupees One Lakh
Eighty Nine Thousand only) with 6% interest per
annum from the date of the claim petition till the
date of realization.
3. The first 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. Needless to observe that the claimant is
not entitled for the interest for delayed period.
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5. The Registry to draw the modified award
accordingly.
6. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
TKN
