Karnataka High Court
Thomas N V vs The Manager on 19 November, 2024
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NC: 2024:KHC:46781
MFA No. 4717 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.4717 OF 2023(MV-I)
BETWEEN:
THOMAS N. V.,
S/O VARGHESE,
AGED ABOUT 52 YEARS,
R/O NO. 65, 2ND CROSS,
MUNITHAYAPPA LAYOUT,
NEAR DON BOSCO CHRUCH,
LINGARAJAPURAM,
BENGALURU NORTH,
BANGALORE-560084.
...APPELLANT
(BY SRI. T. VIJAY KUMAR,ADVOCATE)
Digitally signed by AND:
AASEEFA
PARVEEN
Location: HIGH 1. THE MANAGER
COURT OF BHARATI AXA GENERAL
KARNATAKA
INSURANCE CO. LTD
1ST FLOOR, FEMS ICON, SURVEY NO. 28,
DODDANAKUNDI,
BANGALORE-37.
NOW MERGED WITH ,
THE MANAGER,
THE ICICI LOMBARD GENERAL
INSURANCE CO. LTD.,
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NC: 2024:KHC:46781
MFA No. 4717 of 2023
9TH FLOOR, THE ESTATE,NO.121,
DICKENSON ROAD, M.G.ROAD,
BANGALORE-42.
2. SRI. ARUN.S.,
MAJOR,
S/O SATHYANARANA RAO,
R/O NO. 64, DEVAGIRI,
3RD MAIN, 8TH CROSS,
NETAJI CIRCLE, J.S. NAGAR,
BENGALORE-96.
...RESPONDENTS
(BY SRI. KRISHNA KISHORE S.,ADVOCATE FOR R1;
R2- NOTICE DISPENSED WITH, V/O. DATED 13.08.2024)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 21.03.2023 PASSED IN MVC
NO. 1397/2019 ON THE FILE OF THE XXI ADDITIONAL SMALL
CAUSES JUDGE AND ACMM, MEMBER-MACT, BENGALURU
(SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR PART HEARD IN
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
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NC: 2024:KHC:46781
MFA No. 4717 of 2023
ORAL JUDGMENT
Heard Sri.Vijay Kumar.T learned counsel for the appellant
as well as Sri.Krishna Kishore.S learned counsel for respondent
No.1.
2. Challenge in this appeal is the order that is
rendered by the Motor Accidents Claims Tribunal, Bengaluru in
MVC No.1397/2019 dated 21.03.2023. This is a claimant's
appeal. The Tribunal through the impugned order awarded a
sum of Rs.5,32,000/- as compensation divided under the
following heads:
1 Towards disability 1,20,000-00
Loss of future amenities &
2 50,000-00
happiness
3 Pain and sufferings 70,000-00
Attendant charges, extra nutritious
4 10,000-00
food & conveyance charges
5 Medical expenses 2,42,000-00
6 Future Medical Expenses 40,000-00
Total 5,32,000-00
3. Sri.Vijay Kumar.T learned counsel for the appellant
contends that the appellant sustained grievous injuries in a
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road traffic accident. The injury which was received by the
appellant to the left lower limb left the appellant with disability
of 28% as spoken by PW2. However, without considering the
same, the Tribunal awarded a sum of Rs.1,20,000/- only under
the head loss of future earnings, which is unjustifiable. Learned
counsel also states that the appellant is a driver by profession
and as driver he was earning huge sum by the date of accident.
Learned counsel thereby seeks for enhancement of
compensation.
4. Per contra, Sri.Krishna Kishore.S submits that the
appellant did not produce any proof in respect of his occupation
and earnings by the date of accident. The Tribunal gave a
detailed discussion with regard to the sum which can be
awarded to the appellant under the head loss of future earnings
and ultimately awarded a sum of Rs.1,20,000/- under the said
head. Learned counsel also states that the appellant, who
examined himself as PW1 during the course of cross-
examination, admitted that he is working in a chicken shop that
is maintained by his brother and he is earning Rs.12,000/- per
month and thus, there is no loss of earnings.
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5. In reply to that submission, Sri.Vikay Kumar.T
contends that the Tribunal did not award any sum as
compensation towards 'loss of earnings during laid up period'
and said fact should be taken into consideration.
6. It is not in dispute that the appellant by producing
the evidence of PW2 established that the disability in respect of
left lower limb is 28% and in respect of wholebody is 14%.
However, there is no proof with regard to the actual occupation
and earnings of the appellant by the date of accident. Even if
the earnings of the appellant is taken as Rs.12,000/- per
month, having considered the nature of injuries sustained, this
Court is of the view that the appellant would have taken bed
rest atleast or a period of four months. Thus, the appellant is
entitled to a sum of Rs.48,000/- (Rs.12,000/- X 4) under the
head loss of earnings during laid up period. This Court is also of
the view that the sum awarded under the head loss of income
due to permanent physical disability requires slight
enhancement.
7. Taking into consideration the totality of evidence
produced, this Court is of the view that if the enhancement
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under all heads is Rs.75,000/-, the sum which the appellant
would get ultimately as compensation would be justifiable.
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, Bengaluru through
orders in MVC No.1397/2019, dated 21.03.2023, is
enhanced by Rs.75,000/-.
(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.1 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, the appellant is permitted to
withdraw the entire amount.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
DS
CT:TSM
