Karnataka High Court
Amruth Kumar M vs Vimala Kumar R on 21 October, 2024
-1-
NC: 2024:KHC:42050
MFA No. 117 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 117 OF 2021 (MV-I)
BETWEEN:
AMRUTH KUMAR M,
S/O. MALLIKARJUNA M.,
AGED ABOUT 20 YEAWRS
R/AT KURUBA STREET,
HONDARABALU, KOLLEGALA TALUK,
CHAMARAJANAGAR DISTRICT - 571 440.
...APPELLANT
(BY SRI. K.V. SHYAMA PRASAD, ADVOCATE FOR
SRI. SRIDHAR D.S., ADVOCATE)
AND:
1. VIMALA KUMAR R.,
S/O. LATE K B RAGHU
MAJOR,
2. SMT. JAYASHREE R.,
Digitally signed by W/O. LATE RAGHU, MAJOR,
AASEEFA PARVEEN
Location: HIGH
BOTH ARE RESIDING AT No. 110,
COURT OF NEW NO. 4, 13TH CROSS
KARNATAKA CHOLURUPALYA, MAGADI ROAD,
BENGALURU - 560 023.
3. M/S. ICICI LOMBARD GENERAL
INSURANCE CO. LTD.,
R/BY ITS MANAGER, NO.89, 2ND FLOOR
S V R COMPLEX, HOSUR MAIN ROAD,
MADIWALA, BENGALURU - 560 068.
...RESPONDENTS
(BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R2;
V/O. DATED 29.03.2023, NOTICE TO R1 AND R2 IS D/WITH)
-2-
NC: 2024:KHC:42050
MFA No. 117 of 2021
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 03.03.2020, PASSED IN
MVC NO.2526/2019, ON THE FILE OF THE III-ADDITIONAL
JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES,
BENGALURU (SCCH-18), 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 DR. JUSTICE CHILLAKUR SUMALATHA
'
ORAL JUDGMENT
Heard Sri.K.V.Shyama Prasad who represents
Sri.Sridhar.D.S, learned counsel on record for the
appellant as well as Sri.B.C.Shivanne Gowda, learned
counsel for respondent No.3.
2. The claimant is before this Court challenging
the order that is rendered by the Motor Accidents Claims
Tribunal, Bengaluru in MVC No.2526/2019 dated
03.03.2020 and seeking enhancement of compensation.
The appellant moved an application claiming the
compensation of Rs.15,00,000/- on the ground that he
sustained grievous injuries in a road traffic accident. The
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Tribunal through the impugned order awarded a sum of
Rs.4,61,818/- as compensation.
3. Sri.K.V.Shyama Prasad, learned counsel for the
appellant submits that the appellant as delivery boy in a
mobile company was earning Rs.20,000/- p.m. However,
the Tribunal, without any basis, took his notional income
as Rs.9,500/- p.m. which is erroneous. Learned counsel
also states that the accident occurred in the year 2019 and
for the relevant period even the Karnataka State Legal
Services Authority is taking the notional income as
Rs.14,000/- p.m. and at least the said figure should have
been considered by the Tribunal. Learned counsel also
states that the appellant underwent a surgery and took
treatment as inpatient for considerable period. However,
the Tribunal awarded compensation under the head loss of
earnings during laid up period only for a period of two
months and it should be enhanced.
4. Sri.B.C.Shivanne Gowda, learned counsel for
respondent No.3 on the other hand states that the
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compensation granted by the Tribunal is justifiable.
However, the learned counsel did not raise any objection
for taking the notional income as Rs.14,000/- p.m. as
sought for.
5. Admittedly, the appellant failed to produce any
proof in respect of his actual occupation and earnings by
the date of accident. However, having considered the fact
that the appellant was aged about 19 years by the date of
accident, this Court considers desirable to take the
notional income as Rs.14,000/- p.m. as sought for. The
disability as assessed by the Tribunal in respect of whole
body i.e., 13% is highly justifiable. Undoubtedly, the
appellant sustained fracture of nasal bones with fracture of
both ethmodal sinus and frontal sinus. Taking the notional
income of the appellant as Rs.14,000/- p.m., adding 40%
towards future prospects having considered the age of the
appellant as 19 years by the date of accident as per the
decision of the Hon'ble Apex Court in the case of National
Insurance Company Limited Vs. Pranay Sethi and Others
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reported in (2017) 16 SCC 680, applying appropriate
multiplier '18' as per the decision of Hon'ble Supreme
Court of India in the case of Smt. Sarla Verma and Others
Vs. Delhi Transport Corporation and Another reported in
AIR 2009 SC 3104 and disability in respect of whole body
being 13%, the compensation which the appellant is
entitled to under the head loss of future earnings on
account of permanent physical disability is as under:
Notional monthly income Rs.14,000/-
Annual income Rs.1,68,000/-
Add 40% towards future Rs.2,35,200/-
prospects
On applying appropriate Rs.42,33,600/-
multiplier 18
Permanent physical disability Rs.5,50,368/-
being 13% in respect of whole
body, loss of future earnings is
6. The Tribunal awarded a sum of Rs.2,66,760/-
under the head loss of future income. However, in light of
the discussions that went on supra, the compensation
which the appellant is entitled to under the head loss of
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future earnings on account of permanent physical
disability is Rs.5,50,368/-. Thus the enhancement will be
Rs.2,83,608/- (Rs.5,50,368-Rs.2,66,760).
7. Coming to the aspect of loss of income during
laid up period, having considered the fact that the
appellant took treatment as inpatient only for a period of 5
days, this Court is of the view that loss of earnings during
laid up period for a period of two months is justifiable. But
as the notional income is taken as Rs.14,000/- p.m, loss of
future earnings during laid up period comes to Rs.28,000/-
(Rs.14,000x2). The Tribunal through the impugned order
awarded a sum of Rs.19,000/- only under the said head.
Thus the enhancement would be Rs.9,000/- (Rs.28,000-
Rs.19,000). Thus the total compensation which the
appellant is entitled to receive in addition to the sum that
is awarded as compensation by the Tribunal is
Rs.2,92,608/- (Rs.2,83,608+Rs.9,000).
8. Thus the appeal is disposed of with the
following:
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ORDER
(i) The appeal is allowed in part.
(ii) The compensation that is awarded by
Motor Accidents Claims Tribunal,
Bengaluru through orders in MVC
No.2526/2019 dated 03.03.2020 is
enhanced by Rs.2,92,608/-.
(iii) The enhanced sum shall carry interest at
the rate of 6% p.a. from the date of
petition till the date of deposit.
(iv) Respondent No.3 is directed to deposit the
enhanced sum within a period of 8(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.
(vi) The order of pay and recovery applies to
enhanced sum as well.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
NS
