Karnataka High Court
Sri Shivanna vs Manjanna on 23 October, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:42585
MFA No. 30 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO.30 OF 2020 (MV-I)
BETWEEN:
1. SRI SHIVANNA
S/O. KARIYAPPA
AGED ABOUT 37 YEARS
R/O. OLD RESIDENT NETTEKERE
GOLLARAHATTI
NOW RESIDENT
OF 3RD CROSS, SAMPIGE ROAD
GOKULA BADAVANE, TUMAKURU TALUK
TUMAKURU DISTRICT - 577 101.
...APPELLANT
(BY SRI M. B. RYAKHA, ADVOCATE)
AND:
Digitally 1. MANJANNA
signed by S/O. JUNJEGOWDA
KIRAN
KUMAR R AGED ABOUT 35 YEARS
Location: RESIDENT OF NERALAKATTE GOLLARAHATTI
HIGH MAYASANDRA HOBLI
COURT OF TURUVEKERE TALUK - 572 227.
KARNATAKA
2. THE MANAGER
NATIONAL INSURANCE CO. LTD.
KASTURI MANSION
M. G. ROAD, TUMKUR
TUMAKURU CITY - 577 101.
-2-
NC: 2024:KHC:42585
MFA No. 30 of 2020
3. NAWAB JAN
S/O. PACHHA PEER
AGED ABOUT 38 YEARS
RESIDENT OF NAZARABAD
TUMKUR TOWN, TUMKUR DISTRICT - 577 101.
4. THE MANAGER
TATA AIG GENERAL INSURANCE CO.LTD.
OFFICE AT #612, 1ST FLOOR, KORAMANGAL
BENGALURU - 560 034.
...RESPONDENTS
(BY SRI B. PRADEEP, ADVOCATE FOR R-4;
VIDE ORDER DATED 12.07.2024 NOTICE TO R-1 AND R-3
IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 29.03.2019
PASSED IN MVC NO.1205/2017 ON THE FILE OF THE I
ADDITIONAL DISTRICT JUDGE AND MACT, TUMAKURU, 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. Being dissatisfied with the award of compensation of
Rs.2,68,781/-, the claimant is in appeal seeking
enhancement.
2. The occurrence of the accident and the liability of the
insurer to pay compensation is not in dispute.
NC: 2024:KHC:42585
3. In order to arrive at a sum of Rs.2,68,781/-, the
Tribunal has assessed the disability of the claimant at 7%
and adopted the notional income of Rs.8,000/-.
4. The doctor who treated the claimant indicated that
the claimant had suffered 10% of disability to the whole
body. In the light of this evidence, they could not have
reduce the disability to 7%.
5. The Tribunal has taken the income notionally 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.9,500/- for the
accident of the year 2016, it would be appropriate to
determine the notional income of the claimant at
Rs.9,500/-. Consequently, the claimant would be entitled
to a sum of Rs.1,82,400/- (Rs.9,500/- X 12 X 16 X 10%)
towards loss of future earnings.
6. The Tribunal has awarded a sum of Rs.40,000/-
towards 'pain and suffering' and Rs.20,000/- towards 'loss
NC: 2024:KHC:42585
of amenities'. In my view, it would be appropriate to
enhance the said sums to Rs.60,000/- and Rs.40,000/-
respectively. A sum of Rs.34,261/- awarded towards
medical expenses, which is just and proper is affirmed.
Similarly, a sum of Rs.10,000/- towards 'food and
nourishment', Rs.10,000/- towards 'transportation
charges', and Rs.3,000/- towards 'attendant charges' are
also just and proper and the same are thus affirmed. The
Tribunal has taken the laid up period as 3 months, but
since the income has now been enhanced to Rs.9,500/-,
the claimant would be entitled to a sum of Rs.28,500/-
(Rs.9,500/- X 3 months) towards 'loss of income during
the laid up period'. A sum of Rs.20,000/- awarded
towards 'future medical expenses' is also just and proper
and is accordingly affirmed.
7. Consequently, the award of the Tribunal is modified
and the following sums are awarded as compensation:
NC: 2024:KHC:42585
As As
awarded awarded
Compensation
Sl.No. by the by this
under
Tribunal Court
different
Heads (Rs.) (Rs.)
Pain and
1. 40,000/- 60,000/-
sufferings
Medical
2. 34,261/- 34,261/-
expenses
Food and
3. 10,000/- 10,000/-
nourishment
Transportation
4. 10,000/- 10,000/-
charges
Loss of
5. 20,000/- 40,000/-
amenities in life
Attendant
6. 3,000/- 3,000/-
charges
Loss of future
7. 1,07,520/- 1,82,400/-
income
Loss of income
8. during laid up 24,000/- 28,500/-
period
Future medical
9. 20,000/- 20,000/-
expenses
Total 2,68,781/- 3,88,161/-
NC: 2024:KHC:42585
8. Accordingly, the claimant is held entitled to
compensation of Rs.3,88,161/- as against Rs.2,68,781/-
along with interest at the rate of 6% p.a. from the date of
petition till its realisation.
9. The liability to pay the compensation shall be as
determined by the Tribunal.
10. This appeal is accordingly allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
GSR
