Karnataka High Court
Mr. P.S. Venugopal vs Mrs. K. Soranam on 5 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:14160
MFA No. 5332 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.5332 OF 2015(MV-I)
BETWEEN:
MR. P.S.VENUGOPAL
S/O P.SUNDAR,
AGED ABOUT 35 YEARS,
RESIDING AT NO. 109, 6TH CROSS,
NEAR YELLAMMA TEMPLE,
MANJUNATH NAGAR,
BANGALORE NORTH,
MARATHAHALLI COLONY,
BANGALORE-560 037.
...APPELLANT
(BY SRI. K.V.NAIK., ADVOCATE FOR
SRI. VIJAYAKUMAR.G.BAGOJI., ADVOCATE)
AND:
Digitally signed by
1. MRS. K.SORANAM
PREMCHANDRA M R W/O M.NAGARAJ,
Location: HIGH
COURT OF AGED MAJOR,
KARNATAKA RESIDING AT MUNIYAPPA
RESIDENCY APARTMENT,
NO. 203, 4TH CROSS, KODIGEHALLI,
ARTILLERY ROAD,
BANGALORE-560 008.
2. ICICI LOMBARD GENERAL
INSURANCE COMPANY LTD.,
REGIONAL OFFICE AT:
RAJALAKSHMI ARCADE,
NO. 228/15, 22ND CROSS,
-2-
NC: 2024:KHC:14160
MFA No. 5332 of 2015
JAYANAGAR 3RD BLOCK,
BANGALORE-560 011.
3. SRI. THIMMEGOWDA
S/O SANNEGOWDA,
RESIDING AT NO. 108,
SAGAR LAYOUT,
DEVARAJ CHIKKANNAHALLI,
BANGALORE-560 076.
ALSO RESIDING AT 25,
MALLEGHATTA CHOANAHALLI,
MANDYA-571 401.
4. UNIVERSAL SAMPO GENERAL
INSURANCE CO. LTD.,
REGIONAL AT NO. 217/A, 3RD FLOOR,
KVY SAMART OPPOSITE TO SAILS FACTORY,
3RD MAIN, OUTER RING ROAD,
KASTURI NAGAR,
BANGALORE-560 043.
...RESPONDENTS
(R1-SERVED AND UNREPRESENTED;
BY SRI. P.S.JAGADISH., ADVOCATE FOR R2;
SRI. C.R.VENKATARAM., ADVOCATE FOR R3;
SRI. B.PRADEEP., ADVOCATE FOR R4)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:30.01.2015
PASSED IN MVC NO.6683/2013 ON THE FILE OF THE XIX
ADDITIONAL SMALL CAUSES JUDGE, MACT, XLI ACMM,
BENGALURU.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
-3-
NC: 2024:KHC:14160
MFA No. 5332 of 2015
JUDGMENT
Sri.K.V.Naik., learned counsel on behalf of
Sri.Vijayakumar G.Bagoji., for the appellant, Sri.P.S.Jagadish.,
learned counsel for respondent No.2 and Sri.B.Pradeep.,
learned counsel for respondent No.4 have appeared in person.
There is no representation on behalf of respondent No.3,
either personally or through video conferencing.
2. Notice to respondents was ordered on 10.06.2016.
A perusal of the office note depicts that respondent No.1 is
served and unrepresented. He has neither engaged the services
of an advocate nor conducted the case as a party in person.
3. Though the appeal is listed today for admission, it is
heard finally.
4. The claimant has preferred the captioned appeal
seeking enhancement of the compensation.
5. 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.
NC: 2024:KHC:14160
6. The point that would arise for consideration is
whether the Claimant is entitled for enhanced compensation.
7. 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 agony as against Rs.10,000/- (Rupees
Ten Thousand only) awarded by the Tribunal.
The amount of Rs.2,73,000/- (Rupees Two Lakhs Seventy
Three Thousand only) towards Medical expenses awarded by
the Tribunal remains intact.
This Court deems it appropriate to award Rs.24,000/-
(Rupees Twenty Four Thousand only) towards loss of income as
against Rs.12,000/- (Rupees Twelve Thousand only) awarded
by the Tribunal.
In the absence of any proof of income, the chart prepared
by the Legal Service Authority must be taken into
NC: 2024:KHC:14160
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 33 years as on the date of accident, hence
the multiplier 16 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 10%. Hence, the amount towards
loss of future earning capacity due to disability is calculated as
under:
Rs.8,000/- X 12 X 16 X 10/100 = Rs.1,53,600/-.
It is noticed that the Tribunal not awarded compensation
towards Loss of amenities and Food and nourishment. Hence,
this Court deems it appropriate to award Rs.20,000/- (Rupees
Twenty Thousand only) towards Loss of amenities and
Rs.10,000/- (Rupees Ten Thousand only) towards Food and
nourishment.
8. Accordingly, this Court re-determines the
compensation as under:-
NC: 2024:KHC:14160
1. Pain and agony 10,000 + 30,000 Rs.40,000/-
2. Medical Expenses 2,73,000 Rs.2,73,000/-
3. Loss of income 8,000 x 3 Rs.24,000/-
4. Loss of disability 1,53,600 Rs.1,53,600/-
5. Loss of amenities 20,000 Rs.20,000/-
6. Food and nourishment 10,000 Rs.10,000/-
Total: Rs.5,20,600/-
(Less) Compensation awarded by the -Rs.4,10,200/-
Tribunal:
Enhanced compensation awarded by Rs.1,10,400/-
this Court:
9. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:30.01.2015
passed by the Court of the MACT, Bangalore
(SCCH-17) in M.V.C No.6683/2013 is modified to
the extent stated hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.1,10,400/- (Rupees One Lakh
Ten Thousand Four Hundred only) with interest at
NC: 2024:KHC:14160
the rate of 6% per annum from the date of the
claim petition till the date of realization.
3. Respondents 1 & 2 are directed to
deposit the 75% of the enhanced compensation
and respondents 3 & 4 are directed to deposit the
25% of the enhanced compensation 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
MRP
