Karnataka High Court
Sri Ravikumar A E vs Nataraja Urs T N on 7 August, 2024
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NC: 2024:KHC:31605
MFA No. 819 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 819 OF 2023 (MV-I)
BETWEEN:
SRI. RAVIKUMAR A. E.,
S/O ESHWARAPPA
AGED ABOUT 41 YEARS
R/O AMBLE VILLAGE AND POST,
CHIKKAMAGALUR TALUK AND
DISTRICT- 577 101.
Digitally signed ...APPELLANT
by AASEEFA
PARVEEN (BY SRI. GIRISH B. BALADARE, ADVOCATE)
Location: HIGH
COURT OF AND:
KARNATAKA
1. NATARAJA URS T. N.,
S/O. NAGARAJA URS,
AGED ABOUT 56 YEARS,
R/AT THEGUR VILLAGE AND POST,
CHIKKAMAGALURU CITY - 577101.
2. SMT KAMALA T. L.,
W/O. NATARAJA URS T. N.,
AGED ABOUT 50 YEARS,
R/O THEGUR VILLAGE AND POST,
CHIKKAMAGALURU CITY - 577101.
3. THE BRANCH MANAGER
NEW INDIA ASSURANCE CO. LTD.,
K.T. STREET, PANDURANGA COMPLEX,
CHIKKAMAGALURU CITY - 577 101.
...RESPONDENTS
(BY SRI. A. RAVISHANKAR, ADVOCATE FOR R3
V/O. DATED 03.02.2023,
NOTICE TO R1 AND R2 IS DISPENSED WITH)
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NC: 2024:KHC:31605
MFA No. 819 of 2023
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 02.07.2022 PASSED IN
MVC NO. 64/2021 ON THE FILE OF THE PRINCIPAL SENIOR
CIVIL JUDGE AND CJM, MEMBER, MACT, CHIKKAMAGALURU,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri.Girish B Baladare, learned counsel for the
appellant and Sri.A.Ravishankar, learned counsel for
respondent No.3.
2. The claimant who suffered injuries in a road traffic
accident filed an application seeking compensation of
Rs.25,00,000/- in total. The Motor Accident Claims Tribunal,
Chikkamagaluru, dealt the case as MVC No.64/2021 and finally
passed orders on 02.07.2022 awarding a sum of Rs.3,39,658/-
as compensation. Dissatisfied with the said sum that is awarded
as compensation, the present appeal is filed by the claimant.
3. Learned counsel Sri.A.Ravishankar who is
representing respondent No.3 submits that the Tribunal taking
into consideration all the aspects of the case has awarded just
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sum of compensation. However, by increasing the notional
income to Rs.12,500/-, enhancement may be made to that
extent.
4. It is not in dispute that the appellant sustained
fracture of shaft of right leg. Submitting that the Tribunal erred
in assessing the notional income of the appellant and also
awarding just compensation under all heads, learned counsel
for the appellant contends that, the appellant by doing coolie
work was earning more than Rs.20,000/- per month by the
date of accident. Learned counsel states that the Tribunal took
the notional income of the appellant as Rs.9,000/- per month
which is unjustifiable. Learned counsel also submits that the
accident occurred in the year 2018 and for the relevant period
even the Karnataka State Legal Services Authority is taking the
notional income as Rs.12,500/- per month. Learned counsel
submits that at-least the said figure might have been taken into
consideration by the Tribunal for assessing the compensation.
Admittedly, no substantive proof is produced with regard to the
actual occupation and income of the appellant by the date of
accident. However, there is no denial of the fact that the
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appellant was aged about 43 years by the date of accident.
Having considered the said age, as rightly submitted by
Sri.Girish B Baladare, learned counsel for the appellant, the
Tribunal ought to have taken the notional income of the
appellant as Rs.12,500/- per month. Further, a perusal of the
impugned order reveals that the Tribunal has not added future
prospects. The multiplier applied i.e., '14' is proper. Also the
Tribunal assessed the disability as 17.57% basing on the
evidence of PW3 which requires no interference. Therefore,
applying the aforementioned parameters, the compensation
which the appellant is entitled to towards loss of earnings due
to permanent physical disability will be as under:
Description Amount
Rs.
Notional income per month
12,500-00
Annual income (12,500 x
12) 1,50,000-00
Add 25% towards future
prospects(1,50,000+25%) 1,87,500-00
Applying the appropriate 26,25,000-00
multiplier '14'(1,87,500x14)
Permanent physical disability 4,61,212.5
being 17.57% Rounded off to
(26,25,000x17.57%) 4,61,213-00
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5. Taking into consideration the nature of injuries
sustained by the appellant and the treatment taken, this Court
is of the view that the appellant would not have attended his
normal pursuits at-least for a period of two months. Therefore,
loss of earnings during laid up period comes to Rs.25,000/-
(12,500x2). The Tribunal awarded a sum of Rs.15,000/- under
the head pain and sufferings, however, the just amount would
be Rs.25,000/-. So far as the award of compensation under all
other heads by the Tribunal is concerned, the same needs no
interference. Thus, the amount which the appellant is entitled
to as compensation under different heads will be as under:
Sl. Description Amount
No Rs.
1 Loss of future earnings due
to permanent physical
4,61,213-00
disability
2 Nourishment, food and diet
15,000-00
charges
3 Loss of earnings during laid
up period 25,000-00
4 Pain and suffering
25,000-00
5 Loss of amenities in life
15,000-00
6 Attendant charges
5,000-00
Total Compensation 5,46,213-00
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6. In the light of the foregoing discussion, the
following
ORDER
i) The appeal is allowed in part.
ii) The compensation that is granted by the Motor
Accidents Claims Tribunal, Chikkamagaluru, through orders in
MVC No.64/2021 dated 02.07.2022 is enhanced from
Rs.3,39,658/-to Rs.5,46,213/-.
iii) The enhanced sum shall carry interest at the rate of
6% per annum from the date of petition till the date of deposit.
iv) The third respondent is directed to deposit the
enhanced sum within a period of eight weeks from the date of
receipt of copy of this order.
v) On such deposit, the appellant is permitted to
withdraw the entire amount.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
AP
CT:TSM
