Karnataka High Court
Mr Hanumanthappa vs Kumar V H on 5 November, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2024:KHC:44850
MFA No. 7688 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 7688 OF 2018 (MV-I)
BETWEEN:
1. MR HANUMANTHAPPA
S/O SHEKARAPPA ALIAS SHANKARAPPA
AGRICULTURIST,
AGED ABOUT 42 YEARS,
R/O CHICK NAGURU VILLAGE
CHANNAGIRI TALUK
DAVANAGERE DISTRICT
...APPELLANT
(BY SRI. K V SATEESHCHANDRA., ADVOCATE)
AND:
1. KUMAR V H
S/O CHANNABASAPPA
OWNER OF GITHA ANJUNAYA BUS
R/O SHRE GITHA ANJUNAYA MOTOR SERVICE
Digitally signed NO.3245/2, 11TH MAIN
by KIRAN
KUMAR R M C C. B-BLOCK, DAVANGERE TOWN-577004.
Location: HIGH
COURT OF 2. THE BRANCH MANAGER
KARNATAKA NATIONAL INSURANCE CO LTD
SHIVANARADAMUNI PLAZA
M C C. B-BLOCK
MEDICAL COLLEGE ROAD
DAVANAGERE DISTRICT-577004
...RESPONDENTS
(VIDE ORDER DATED:07.03.2023, NOTICE TO R-1 IS
DISPENSED WITH;
SRI. A.M.VENKATESH., ADVOCATE FOR R-2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:23.01.2018
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NC: 2024:KHC:44850
MFA No. 7688 of 2018
PASSED IN MVC NO.475/2016 ON THE FILE OF THE SENIOR
CIVIL JUDGE & MACT, CHANNAGIRI, 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 MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. Being dissatisfied with the award of compensation of
Rs.1,10,480/-, the claimant who was travelling as an
inmate of the bus is in appeal seeking enhancement.
2. The occurrence of the accident and the liability to
pay compensation by the Insurer are not in dispute.
3. The Tribunal has assessed the total disability of the
claimant at 6% by taking into consideration the
evidence of the doctor who has stated that the
claimant had suffered compression fracture of D-12.
In my view, this assessment of total disability by the
Tribunal cannot be found fault with.
4. The Tribunal has taken the notional income of the
claimant as Rs.6,000/- since there was no evidence
NC: 2024:KHC:44850
to that effect. As the Karnataka State Legal Services
Authority has determined the notional income as
Rs.9,000/- for an accident of the year 2015, it would
be appropriate to determine the notional income of
the claimant at Rs.9,000/-.
5. Since the claimant was aged 41 years, the
appropriate multiplier would be '14'. Consequently,
the claimant would be entitled to a sum of
Rs.90,720/- (Rs.9,000/- X 12 X '14' X 6%) towards
'loss of future earnings'.
6. The Tribunal has awarded a sum of Rs.25,000/-
towards 'pain and suffering', and Rs.15,000/-
towards 'loss of amenities'. Having regard to the fact
that the claimant has suffered disability to the extent
of 6% to the whole body, it would be appropriate to
award Rs.50,000/- each under the said heads.
7. The Tribunal has not awarded any amount towards
'loss of earnings during the laid up period'. Having
regard to the disability suffered by the claimant at
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6%, it would be appropriate to treat the laid-up
period as two months and, consequently, the
claimant is entitled to Rs.18,000/- (Rs.9,000/- x 2
months) towards 'loss of earnings during the laidup
period'.
8. Rs.10,000/- awarded towards medical expenses on
the basis of the documentary evidence is just and
proper, and the same is accordingly affirmed.
9. Consequently, the award of the Tribunal is modified
and the following sums are awarded as
compensation:
As awarded As awarded
Sl. by the by this
Compensation under Tribunal Court
No. different Heads
(Rs.) (Rs.)
1. Pain and sufferings 25,000/- 50,000/-
Loss of future 60,480/- 90,720/-
2.
earnings
3. Medical expenses 10,000/- 10,000/-
Loss of income Nil 18,000/-
4. during the laid up
period
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Loss of amenities in 15,000/- 50,000/-
5.
life
Total 1,10,480/- 2,18,720/-
10. Accordingly, the claimant is held entitled to a
compensation of Rs.2,18,720/- as against
Rs.1,10,480/- along with interest at the rate of 6%
p.a. from the date of petition till its realisation.
11. The Insurance Company is directed to deposit the
amount of compensation awarded within two months
from the date of receipt of a certified copy of this
judgment.
12. The other aspects of the Award of the Tribunal
remain undisturbed.
13. This appeal is, accordingly, allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
HNM
