Karnataka High Court
Sri. M M Neelakanta vs Sri. M N Srijith on 8 February, 2024
-1-
NC: 2024:KHC:5532
MFA No. 6603 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
M.F.A. NO.6603 OF 2016 (MV-I)
BETWEEN:
SRI. M M NEELAKANTA
S/O LATE M.D. MARIGOWA,
AGED ABOUT 57 YEARS,
R/AT MAKONAHALLI VILLAGE AND POST,
KASABA HOBLI,
MUDIGERE TALUK,
CHIKMAGALURU DISTRICT-577 101.
...APPELLANT
(BY SRI SRINIVAS V AND SRI SUYOG HERELE .E, ADVOCATES)
AND:
1. SRI. M N SRIJITH
S/O M.M. NEELAKANTA
AGED ABOUT 28 YEARS
R/AT MAKONAHALLI VILLAGE AND POST
KASABA HOBLI,
MUDIGERE TALUK-571 201,
Digitally
signed by (RIDER OF M.C BEARING
BHARATHI S
REGISTER NO.KA-18-K-3751)
Location:
HIGH COURT
OF
KARNATAKA 2. SRI M.H. BHANDREGOWDA
S/O HANUMANTHEGOWDA,
AGED ABOUT 59 YEARS
R/AT MATHAVARA VILLAGE,
MUGATHIHALLI POST,
CHIKKAMAGALURU TALUK-577 101.
(OWNER OF THE M.C. BEARING REGISTER NO.KA-18-K-
3715)
3. THE MANAGER
UNITED INDIA INSURANCE CO. LTD.,
P.B. NO.114, CRESCENT ROAD,
K.M. ROAD,
-2-
NC: 2024:KHC:5532
MFA No. 6603 of 2016
CHIKKAMAGALURU -577 101.
(INSURER OF M.C BEARING REGISTER
NO.KA-18-K-3751)
...RESPONDENTS
(R1 SERVED AND UNREPRESENTED;
SRI RAVISH BENNI, ADVOCATE FOR R3;
VIDE ORDER DATED 05.01.2024, NTOICE TO R2 IS DISPENSED
WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 1.7.2016 PASSED IN MVC
NO.743/2013 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE,
MACT, CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The above appeal is filed by the claimant challenging the
judgment and award dated 1.7.2016 passed in MVC
No.743/2013 by the II Additional District Judge, MACT,
Chikkamagaluru1, seeking for enhancement of the
compensation awarded.
2. For the sake of convenience, the parties herein are
referred as per their rank before the Tribunal.
3. The Tribunal by it judgment and award dated
1.7.2016 has awarded a sum of `1,16,665/- together with
Hereinafter referred to as the 'Tribunal'
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interest at 6% pa., and directed the third respondent - insurer
to deposit the compensation awarded. The finding of the
Tribunal on negligence and liability are not under challenge.
Hence, the only question that arises for consideration is with
regard to the quantum of compensation.
4. The claimant is aged 55 years as on the date of the
accident. Hence, the appropriate multiplier is 11. The claimant
has stated that he is an agriculturist. He has produced the crop
certificate as Exs.P88 to 90. However, the said documents do
not demonstrate the income that is earned by the claimant.
Having regard to the fact that no documents have been
produced to prove the income of the claimant, the income is
re-assessed as notional income as per the chart followed for
settlement of claims in Lok Adalath conducted by the Legal
Services Authority and having regard to the date of the
accident the income is reassessed as `7,000/- pm.
5. The claimant has sustained fracture of the right
ankle joint and other injuries. He has taken treatment as an
inpatient for 15 days. The doctor has been examined as PW.2
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and CW.1. The Tribunal has reassessed the functional disability
at 7% which is just and proper.
6. In view of the aforementioned, the compensation is
reassessed as follows:-
6.1 The Tribunal has awarded a sum of `15,000/-
towards pain and suffering. The same is reassessed as
`25,000/- having regard to the nature of injuries sustained.
6.2 The Tribunal has awarded a sum of `41225/-
towards medical expenses which is just and proper and
rounded off to `42,000/-.
6.3 The Tribunal has awarded a sum of `1,000/-
towards conveyance and `2,000/- towards food and
nourishment. Having regard to the nature of injuries and the
period of treatment, the said compensation is re-assessed as
`15,000/-.
6.4 The Tribunal has not awarded any amount towards
loss of amenities. Hence, having regard to the nature of
injuries sustained and the extent of disability, the same is
assessed as `15,000/-.
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6.5 The Tribunal has awarded a sum of `2,000/-
towards loss of income and the same is reassessed as (`7000/-
x2) `14,000/-.
6.6 Future loss of income is reassessed as
(`7000x12x11x7%) `64,680/- as against `55,440/- awarded by
the Tribunal.
7. Accordingly, the total compensation under various
heads is reassessed as follows:
Sl.No. Heads Amount awarded by Amount awarded
the Tribunal (`) by this Court (`)
1. Future loss of 55440.00 64680.00
income
2. Pain an suffering 15000.00 25000.00
3 Medical expenses 41225.00 42000.00
4 Conveyance - 3000.00 15000.00
Food and
nourishment -
5 Loss of income 2000.00 14000.00
6 Loss of amenities 0.00 15000.00
Total 116665.00 175680.00
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8. Hence, the claimant is entitled for enhanced
compensation of (`175680 - `116665) = `59,015/-, which is
rounded off to `60,000/- together with interest at 6% p.a.
9. In view of the aforementioned, the following:
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 1.7.2016 passed in
MVC No.743/2013 by the II Additional District
Judge, MACT, Chikkamagaluru, is modified to the
extent stated herein. In all other respects, the
judgment and award of the Tribunal remains
unaltered;
iii) The claimant is entitled to enhanced compensation
of `60,000 /- with interest at 6% per annum from
the date of petition till its realization in addition to
the compensation awarded by the Tribunal;
iv) Respondent No.3 - Insurance Company is directed
to deposit the said compensation together with
accrued interest within a period of eight weeks from
the date of receipt of a copy of this judgment;
v) After deposit, the entire enhanced compensation
with accrued interest shall be disbursed to the
claimant;
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vi) The Registry to draw the modified award
accordingly.
No costs.
Sd/-
JUDGE
ND
