Karnataka High Court
Sri Ganesha @ K M Ganesha vs Ravikumara on 3 June, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:19150
MFA No. 131 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 131 OF 2018 (MV-I)
BETWEEN:
SRI GANESHA @ K M GANESHA,
S/O MARIYACHAR,
AGED ABOUT 32 YEARS
R/O KATHIMALLENAHALLI VILLAGE,
KASABA HOBLI,
ARKALAGUDU TALUK
HASSAN DISTRICT- 573 201.
...APPELLANT
(BY SRI. JAGRUTH K, ADVOCATE FOR
SRI. RAHUL RAI K, ADVOCATE)
AND:
1. RAVIKUMARA
S/O GANGANNA
GORURU, KATTAYA HOBLI,
HASSAN TALUK,
Digitally signed by B
K HASSAN DISTRICT - 573 201.
MAHENDRAKUMAR
Location: HIGH
COURT OF 2. THE MANAGER,
KARNATAKA
NATIONAL INSURANCE COMPANY LTD.
MANJUNATHESHWARA COMPLEX,
OLD BUS STAND ROAD,
NEAR PICTURE PALACE THEATRE,
HASSAN -573 201.
...RESPONDENTS
(BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2,
R1- SERVICE OF NOTICE IS DISPENSED WITH V.C.O.
DATED 05/04/2021)
-2-
NC: 2024:KHC:19150
MFA No. 131 of 2018
THIS MISCELLANEOUS FIRST APPEAL FILED U/S 173(1) OF
MV ACT AGAINST THE JUDGMENT AND AWARD DATED:13.04.2017
PASSED IN MVC NO.1115/2015 ON THE FILE OF THE SENIOR CIVIL
JUDGE & MEMBER, MACT, ARKALGUD, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
ORDER
The appellant/claimant having sustained injuries in a road
traffic accident filed a claim petition under Section 166 of the Motor
Vehicles Act, 1988 in M.v.C.No.1115 of 2017 on the file of the
Senior Civil Judge and Motor Accident Claims Tribunal, Arkalgud.
The Tribunal, by the award dated 13.04.2017 determined the total
compensation payable to the appellant/claimant at Rs.2,97,400/-
with interest at the rate of 6% per annum.
2. Heard the learned counsel for the appellant/claimant
and the learned counsel for Respondent No.2/Insurance Company.
3. The claimant was aged 28 years, and the date of
accident is 10.10.2014. The appellant/claimant claims to be
working as carpenter, and an agriculturist, and in the absence of
proof of income, the income of the appellant/claimant is assessed
at Rs.8,500/- per month as against Rs.5,000/- per month assessed
by the Tribunal. The permanent disability of the appellant/claimant
is assessed at 14%. As per Ex.P9, i.e., the discharge summary
and the evidence of the doctor at PW-2 indicated that the appellant/
claimant has suffered 14% disability to the whole body. Therefore,
compensation accessed by the Tribunal is re-assessed as follows:
NC: 2024:KHC:19150
Sl.No. Particulars Amount in
(Rs.)
1 Pain and agony 40,000/-
2 Medical expenses 93,600/-
3 Food, conveyance and attendant 10,000/-
charges
4 Loss of future income due to 2,42,760/-
disability
5 Loss of income during laid up 25,500/-
period
6 Loss of future amenities 30,000/-
7 Future medical expenses 22,000
Total 4,63,860/-
4. To this extent, the impugned award passed by the
Tribunal is modified and it is held that the appellant/claimant is
entitled for total compensation of Rs.4,63,860/- (Rupees Four
Lakhs Sixty Three Thousand Eight Hundred and Sixty only) as
against Rs.2,97,400/- awarded by the Tribunal with interest at 6%
per annum from the date of the petition till the date of realization.
The enhanced compensation of Rs.1,66,460/- (Rupees One Lakh
Sixty Six Thousand Four Hundred and Sixty only) along with
interest shall be deposited by the Respondent No.2/Insurance
Company within three months from the date of receipt of certified
copy of this order.
Sd/-
JUDGE
DH
