Karnataka High Court
Sri. Bham Bahaddor vs Nithin on 4 July, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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MFA No. 3672 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 3672 OF 2020 (MV-I)
BETWEEN:
SRI. BHAM BAHADDOR,
S/O. BHEEM BAHADDOR,
AGED ABOUT 43 YEARS,
R/AT PERDOOR, UDUPI,
UDUPI TALUK AND UDUPI DISTRICT - 576 101.
...APPELLANT
(BY SRI. PRATHEEP K C., ADVOCATE)
AND:
1. NITHIN,
S/O MRS. SULOCHANA,
AGED ABOUT 32 YEARS,
R/AT D. NO.4-36, RAMPURA,
GUDDEANGADI POST,
ALEVOOR, UDUPI,
UDUPI TALUK AND UDUPI DISTRICT - 576 101.
2. THE IFFCO TOKIO GENERAL
Digitally signed by B
K INSURANCE CO. LTD.,
MAHENDRAKUMAR
DIVISIONAL MANAGER,
Location: High
Court of Karnataka DIVISIONAL OFFICE,
3RD FLOOR, LALBHAG TOWER,
BALLALBAGH, M.G. ROAD,
MANGALORE - 07.
...RESPONDENTS
(BY SRI.D.V.JAYAKUMAR, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH VIDE ORDER
DATED 06.04.2023)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 08.05.2020 PASSED IN MVC
NO.736/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE AND ADDITIONAL M.A.C.T., UDUPI, PARTLY ALLOWING THE
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NC: 2024:KHC:25847
MFA No. 3672 of 2020
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal, filed under Section 173(1) of the Motor Vehicles
Act, 1988, challenges the judgment and award dated May 8, 2020,
in MVC No. 736/2017, passed by the learned Additional Senior Civil
Judge and Additional Motor Accidents Claims Tribunal, Udupi.
2. The claimant filed a claim petition under Section 166 of
the MV Act, seeking just and proper compensation for the
accidental injuries sustained in a road traffic accident on January
21, 2017. The Tribunal awarded a total compensation of
Rs.4,48,000/- with 6% interest per annum. The claimant appeals for
enhancement of the compensation awarded by the Tribunal.
3. After hearing the learned counsels for the parties and
perusing the records, it is observed that:
a) The accident occurred in 2017, and the claimant was
40 years old at the time.
b) In the absence of proof of income, the notional income
of the claimant is assessed at Rs.11,000/- as per the chart
prepared by the Karnataka State Legal Services Authority, which is
higher than the Rs.9,000/- assessed by the Tribunal.
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c) The doctors, examined as PW.2 and PW.3, assessed
the permanent disability to the Right eye at 30%, while the Tribunal
assessed the functional disability at 20%.
d) The claimant was hospitalized for 3 days and continues
to work as a Security Guard despite suffering 20% functional
disability.
4. Considering the nature of injuries sustained and the re-
assessment of the notional income, the compensation awarded by
the Tribunal is re-assessed as follows:
As awarded As awarded by this
Compensation under by the Tribunal Court
different Heads (Rs.) (Rs.)
Medical expenses 19,110 19,110
Food, nourishment, 5,000 10,000
conveyance and attendant
charges
Loss of income during laid 18,000 33,000
up period (11000*3)
Loss of future income 3,45,600 4,22,400
(11000*12*16*20%)
Pain and suffering 15,000 16,000
Loss of amenities and 30,000 50,000
future prospects
Future medical expenses 15,000 15,000
Total 4,47,710 5,65,510
(rounded as)
4,48,000
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5. In the result, the appeal is allowed-in-part. The
judgment of the Claims Tribunal is modified. The claimant is
entitled for a total compensation of Rs.5,65,510/- as against
Rs.4,48,000/- awarded by the Tribunal.
6. The enhanced compensation amount of Rs.1,17,510/-
shall carry interest at the rate of 6% per annum from the date of
filing the petition till the date of realization.
To this extent, the impugned award stands modified.
Sd/-
JUDGE
RKA
