Karnataka High Court
Sri Manjunath K vs Moytreyee Konwar on 11 November, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2024:KHC:45618
MFA No. 1960 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO.1960 OF 2019(MV-I)
BETWEEN:
1. SRI MANJUNATH K.
S/O. KRISHNA MURTHY
NOW AGED ABOUT 37 YEARS
RESIDING PRESENTLY AT
294, G. B. PALYA, BENGALURU
(METRO DS), BENGALURU-68.
...APPELLANT
(BY SRI GOPAL KRISHNA N., ADVOCATE)
AND:
1. MOYTREYEE KONWAR
FATHER'S NAME NOT KNOWN
MAJOR IN AGE
NO.A403, SRK GARDENS
Digitally
signed by KUDLU GATE NEAR KUDLU LAST
KIRAN
KUMAR R
BUS STOP, BENGALURU-560 102.
Location:
HIGH COURT
OF 2. BHARATI AXA GENERAL
KARNATAKA INSURANCE COMPANY LTD.
1ST FLOOR, FERNS ICON
SURVEY NO.28, DODDANAKUNDI
K. R. PURAM, HOBLI
BENGALURU-560 037
REP. BY ITS MANAGER
...RESPONDENTS
(BY SRI JAGADISH P. S., ADVOCATE FOR R-2;
VIDE ORDER DATED 18/1/2024, NOTICE TO R-1 IS
DISPENSED WITH)
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NC: 2024:KHC:45618
MFA No. 1960 of 2019
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 07/11/2018,
PASSED IN MVC NO.7073/2017, ON THE FILE OF THE XIII
ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER,
MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS MFA, COMING ON FOR FURTHER ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. The claimant, being dissatisfied with the
compensation of Rs.2,58,500/- awarded by the
Tribunal, is in appeal.
2. The occurrence of the accident and the liability of the
insurer to pay the compensation is not in dispute.
3. The Tribunal in order to arrive at the said sum,
assessed the disability of the claimant at 8%, though
PW.2 had assessed the disability at 53% and 27% to
the whole body. PW.2 is admittedly not the treating
NC: 2024:KHC:45618
doctor, however, since the claimant had suffered a
fracture to the femur and also to the humerus, it
would be appropriate to treat the disability at 15%.
4. The Tribunal has adopted the notional income at
Rs.8,000/- since there was no evidence to that
effect. As the Karnataka State Legal Services
Authority has determined the notional income as
Rs.11,000/- for the accident of the year 2017, it
would be appropriate to determine the notional
income of the claimant at Rs.11,000/-.
Consequently, the claimant would be entitled to a
sum of Rs.3,36,600/- (Rs.11,000/- X 12 X 17 X
15%) towards loss of future earnings.
5. The Tribunal has awarded a sum of Rs.40,000/-
towards pain and sufferings and Rs.20,000/- towards
loss of amenities. In my view, it would be
appropriate to enhance the said sums to Rs.60,000/-
and Rs.40,000/- respectively.
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6. The Tribunal has taken the laid-up period as one
month, in my view, having regard to the fact that the
claimant had suffered a fracture to his femur and
humerus, it would be appropriate to take the laid-up
period as 3 months. Since the notional income is now
taken as Rs.11,000/-, the loss of earnings during the
laid up period will be Rs.33,000/- (Rs.11,000/- X 3
months).
7. The Tribunal has awarded a sum of Rs.40,000/-
towards medical expenses, and Rs.10,000/- towards
future medical expenses which is just and proper and
are thus affirmed. As the claimant was hospitalized
for 10 days, it would be appropriate to award a sum
to Rs.20,000/- towards diet and conveyance charges.
Consequently, the award of the Tribunal is modified
and the following sums are awarded as
compensation:
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As As
awarded awarded
Sl. Compensation
by the by this
No. under different
Tribunal Court
Heads
(Rs.) (Rs.)
1. Pain and sufferings 40,000/- 60,000/-
Loss of income 8,000/- 33,000/-
2. during laid up
period
3. Medical expenses 40,000/- 40,000/-
Future medical 10,000/- 10,000/-
4.
expenses
Loss of future
5. income 1,30,500/- 3,36,600/-
Towards diet and 10,000/- 20,000/-
6.
conveyance
7. Loss of amenities 20,000/- 40,000/-
Total 2,58,500/- 5,39,600/-
8. Accordingly, the claimant is held entitled to a
compensation of Rs.5,39,600/- as against
Rs.2,58,500/- along with interest at the rate of 6%
p.a. from the date of petition till its realisation.
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9. 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.
10. The amount in deposit, if any, shall be transferred to
the Tribunal for disbursement.
11. This petition is accordingly allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
GSR
