Karnataka High Court
Smt. Suchithra R N vs Sri Lohith on 14 November, 2024
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NC: 2024:KHC:46346
MFA No. 1405 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 1405 OF 2022 (MV-I)
BETWEEN:
SMT. SUCHITHRA R.N,
W/O NAGARAJ,
AGED ABOUT 35 YEARS,
R/AT RAGI MUDDANAHALLI VILLAGE,
PANDAVAPURA TALUK,
MANDYA DISTRICT
...APPELLANT
(BY SRI. SYED ABDUL SABOOR, ADVOCATE)
AND:
1. SRI. LOHITH,
S/O KAPADIGOWDA M.C,
AGED ABOUT 38 YEARS,
Digitally signed by R/AT HOUSE NO. 20/5,
AASEEFA PARVEEN
Location: HIGH YELACHENAHALLI VILLAGE,
COURT OF PORTIES INSTITUTE OF NURSING,
KARNATAKA
KANAKAPURA MAIN ROAD,
BENGALURU - 560 078.
PRESENTLY R/AT HOUSE NO.44,
IST MAIN, 3RD CROSS,
MARIYAPPAN PALYA,
GNANABHARATHI POST,
BENGALURU - 560 056.
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NC: 2024:KHC:46346
MFA No. 1405 of 2022
2. THE MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
BALLAL CIRCLE, NEW KANTHARAJ URS ROAD,
MYSURU - 570 004.
...RESPONDENTS
(BY SRI. S. KRISHNA, ADVOCATE FOR R2;
R1 - NOTICE DISPENSED WITH, VIDE ORDER DATED
22.02.2022)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 30.10.2021 PASSED IN MVC
NO.663/2018 ON THE FILE OF THE ADDITIONAL SMALL
CAUSES AND SENIOR CIVIL JUDGE, MACT, MYSURU, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri.Syed Abdul Saboor, learned counsel for the
appellant who appears through video conference. Also
heard Sri.S.Krishna Kishore, learned counsel for
respondent No.2 who appears before this Court physically.
2. Challenge in this appeal is the order that is
rendered by the Motor Accidents Claims Tribunal, Mysuru
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in M.V.C. No.663/2018 dated 30.10.2021. This is a
claimant's appeal. As against the claim for Rs.30,50,000/-,
the tribunal through the impugned order awarded a sum of
Rs.3,60,500/- as compensation.
3. Arguing the matter, Sri.Syed Abdul Saboor
submits that the appellant as a Tailor and by selling milk,
was earning Rs.15,000/- per month. The appellant
produced sufficient proof with regard to her occupation
and earnings in the form of Ex.P-10 and Ex.P-11.
However, the tribunal took the notional income of the
appellant as Rs.7,000/- per month which is unjustifiable.
Learned counsel thereby seeks for enhancement of
compensation. Learned counsel further submits that the
appellant sustained grievous injuries due to the accident
and took extensive treatment. However, the tribunal
awarded meager sum as compensation under all heads
and therefore the present appeal is filed.
4. Sri.S.Krishna Kishore representing respondent
No.2 states that though the appellant produced sufficient
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proof with regard to her occupation, yet she failed to
produce any documents to establish her earnings. Learned
counsel submits that as the accident occurred in the year
2018, the amount fixed by the Legal Services Authority for
settlement of claims for the relevant period i.e.,
Rs.12,500/- may be considered.
5. The submission made by Sri.Krishna Kishore.S
regarding the notional income to be taken is justifiable.
6. As rightly projected, though the appellant
established her occupation, she failed to establish her
earnings by the date of accident. Therefore, this Court
considers desirable to take the notional income of the
appellant as Rs.12,500/- per month.
7. It is not in dispute that the appellant sustained a
lacerated wound over chin, a lacerated wound on back,
Communited fracture of left humerus, Communited
fracture of both bones of right leg and fracture of D-10
and D-11 vertebra. The tribunal through the impugned
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order awarded a sum of Rs.3,60,500/- as compensation
divided under following heads:-
Heads Amount in Rs.
Compensation towards pain, 15,000-00
shock and sufferings
Compensation towards loss 14,000-00
of income during laid up
period
Compensation towards 4,000-00
attendant charges, extra
diet, nourishment and
conveyance
Compensation towards loss 5,000-00
of amenities
Compensation towards 2,55,000-00
medical expenses
Compensation towards loss 67,500-00
of future income
Total 3,60,500-00
8. Having considered the nature of injuries sustained,
this Court is of the view that the compensation granted by
the tribunal needs enhancement under all heads except
medical expenditure.
9. Coming to the compensation that is required to be
awarded under the head 'loss of earnings due to
permanent physical disability', having taken the notional
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income of the appellant as Rs.12,500/- per month,
applying appropriate multiplier '16', the appellant being
aged about 35 years by the date of accident and taking
the disability in respect of whole body as 5%, the
compensation which the appellant is entitled to under the
head 'loss of future earnings on account of permanent
physical disability in respect of whole body' is as under:-
Heads Amount in Rs.
Notional monthly income 12,500-00
Annual income 1,50,000-00
On applying appropriate 24,00,000-00
multiplier '16'
Loss of future earnings, 1,20,000-00
permanent physical
disability in respect of whole
body being 5%
10. Considering the nature of injuries sustained and
the treatment taken, this Court is of the view that the
appellant would not have attended her normal pursuits
atleast for a period of four months. Thus, the loss of
earnings during laid up period comes to Rs.50,000/-
(Rs.12,500 x 4). Thus, the compensation which the
appellant is entitled to under different heads is as under:-
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Heads Amount in Rs.
Compensation for pain and 50,000-00
suffering
Towards food, extra 25,000-00
nourishment, attendant and
conveyance charges
Medical expenditure 2,55,000-00
Loss of future earnings 1,20,000-00
Loss of income during laid 50,000-00
up period
Loss of amenities in life 20,000-00
Total 5,20,000-00
11. In the light of the foregoing discussion, it is clear
that the appellant is entitled to a sum of Rs.5,20,000/- as
compensation. However, the tribunal through the
impugned order awarded a sum of Rs.3,60,500/-.
Therefore, the appeal is disposed of with the following:-
ORDER
i. The appeal is allowed in part.
ii. The compensation that is granted by the Motor
Accidents Claims Tribunal, Mysuru through orders in
M.V.C. No.663/2018 dated 30.10.2021 is enhanced
from Rs.3,60,500/- to Rs.5,20,000/-.
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iii. The enhanced sum shall carry interest at the rate of
6% per annum from the date of petition till the date
of deposit.
iv. Respondent No.2 is directed to deposit the enhanced
sum within a period of eight weeks from the date of
receipt of copy of this order.
v. On such deposit, appellant is permitted to withdraw
the entire amount.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
VS
List No.: 1 Sl No.: 60, CT: BHK
