Karnataka High Court
Maheshamma vs Shri Arun C on 22 October, 2024
-1-
NC: 2024:KHC:42643
MFA No. 1442 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.1442 OF 2022(MV-I)
BETWEEN:
MAHESHAMMA,
W/O MADHU,
AGED ABOUT 42 YEARS,
R/A. GOPALAPURA VILLAGE,
GUNDLUPETE TALUK,
CHAMARAJANGARA DISTRICT 571 313.
...APPELLANT
(BY SRI. SANATH KUMARA K M., ADVOCATE)
AND:
1. SHRI ARUN C.,
S/O CHANDREGOWDA,
MAJOR,
Digitally signed by R/A DANTUR, KODAHALLI POST,
AASEEFA PARVEEN SATANUR HOBLI,
Location: HIGH
COURT OF KANAKAPURA TALUK,
KARNATAKA RAMANAGARA 562 117.
2. THE DIVISIONAL MANAGER
FUTURE GENERAL INDIA INSURANCE COMPANY LTD.,
3RD AND 4TH FLOOR,
SHIVANI KRISHNA MANSON,
100 FEET ROAD, 2ND BLOCK,
JAYANAGAR,
BANGALORE 560 041.
-2-
NC: 2024:KHC:42643
MFA No. 1442 of 2022
3. THE DIVISIONAL MANAGER,
UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD.,
NO.217, A, 3RD FLOOR,
KVV SMART, OPPOSITE TO SAILS FACTORY,
3RD MAIN, OUTER RING ROAD,
KASTURINAGAR,
BENGALURU-560 043.
...RESPONDENTS
(BY SRI. P.S. JAGADEESH, ADVOCATE FOR R2;
SRI. B.L. SHIVANNE GOWDA, ADVOCATE FOR R3;
V/O/D 19.09.2022 NOTICE TO R1 D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 05.02.2020 PASSED IN MVC
NO. 237/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC, MACT, GUNDLUPET, 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.Sanath Kumara K.M, learned counsel for
the appellant as well as Sri.B.C.Shivanne Gowda learned
counsel for respondent No.3.
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2. Sri.P.S.Jagadeesh learned counsel for respondent
No.2 though appears, he only submits that liability was not
fixed upon respondent No.2.
3. The claimant is before this Court seeking
enhancement of compensation and challenging the order
that is rendered by the Motor Accidents Claims Tribunal,
Gundlupet in M.V.C. No.237/2018 dated 05.02.2020.
4. Arguing on merits of the matter, learned counsel
Sri.Sanath Kumara K.M submits that the appellant
sustained grievous injury in a road traffic accident and
took extensive treatment. The appellant apart from
attending household work, was attending agricultural work
and was earning Rs.20,000/- per month. However the
tribunal took the notional income of the appellant as
Rs.9,000/- per month. Learned counsel also states that
the tribunal failed to award justifiable sum as
compensation even under other heads and therefore this
appeal is filed.
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5. Learned counsel further contends that the accident
occurred in the year 2018 and for the relevant period even
the Karnataka State Legal Services Authority is taking the
notional income as Rs.12,500/- per month and atleast the
said figure should have been considered by the tribunal.
Learned counsel also states that the tribunal failed to
award any sum as compensation under the head loss of
amenities in life though the appellant sustained grievous
injury which is unjustifiable. Ultimately learned counsel
seeks for enhancement of compensation.
6. Per contra Sri.B.C.Shivanne Gowda learned
counsel for respondent No.3 states that the tribunal
awarded huge sum of Rs.2,44,400/- as compensation and
therefore the appeal is not maintainable.
7. It is not in dispute that the appellant sustained
fracture of left femur shaft.
8. The disability was assessed by CW-1 as 30.1% in
respect of the particular limb. However, the tribunal took
NC: 2024:KHC:42643
the disability in respect of whole body as 10%. The said
assessment is justifiable.
9. The tribunal took the notional income of the
appellant as Rs.9,000/- per month. However, as rightly
contended, a sum of Rs.12,500/- ought to have been
taken as notional income of the appellant in view of the
fact that she was rendering services as home maker and
also was attending agricultural work as projected.
Undisputedly the appellant was aged 45 years by the date
of accident. Thus, the tribunal has rightly applied the
appropriate multiplier '14.' Therefore, the compensation
which the appellant is entitled to under the head loss of
future earnings on account of permanent physical
disability is as under:-
Heads Amount in Rs.
Notional monthly income 12,500-00
Annual income 1,50,000-00
Apply appropriate multiplier 21,00,000-00
'14'
10% being permanent 2,10,000-00
physical disability, loss of
future earnings
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10. Having considered the nature of injuries
sustained, the treatment taken and the disability affected
to the whole body, this Court is of the view that the
appellant is entitled to compensation under following
heads:-
Heads Amount in Rs.
Pain and sufferings 25,000-00
Towards Food, extra 15,000-00
nourishment, conveyance
and Attendant charges
Loss of future earnings 2,10,000-00
Loss of earnings during laid 25,000-00
up period (12,500 x 2)
Medical expenses 53,200-00
Future medical expenses 15,000-00
Loss of amenities 10,000-00
Total 3,53,200-00
Thus, in the light of the foregoing discussion the
appeal is disposed of with the following:-
ORDER
i. The appeal is allowed in part.
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ii. The compensation that is awarded by the Motor
Accidents Claims Tribunal, Gundlupet through orders
in M.V.C. No.237/2018 dated 05.02.2020 is
enhanced from 2,44,400/- to 3,53,200/-
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.3 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
VS
