Karnataka High Court
Panindra B.G vs The New India Assurance Co. Ltd on 4 September, 2024
-1-
NC: 2024:KHC:36182
MFA No.1168 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.1168/2023 (MV-I)
BETWEEN:
PANINDRA B.G.
S/O GOPAL RAO
AGED ABOUT 60 YEARS
KOTE, BELUR TOWN
HASSAN DISTRICT
PRESENTLY R/O
VIJAYA NAGARA EXTENSION
BELUR ROAD, HASSAN-573201.
...APPELLANT
Digitally signed by
AASEEFA PARVEEN
(BY SRI. GIRISH B. BALADARE, ADV.,)
Location: HIGH
COURT OF AND:
KARNATAKA
1. THE NEW INDIA ASSURANCE CO. LTD.,
D.O NO.710400, S.I.E.T. BLDG
11 FLOOR, OLD NO.312
NEW NO.453, ANNA SALAI
TAMILNADU-600018.
REP. BY THE NEW INDIA ASSURANCE CO. LTD.,
CHANDANA COMPLEX
HARSHAMAHAL,
HASSAN-573201.
2. MANJUNATHA G. CHANDANAKERI
S/O GURUNATH CHANDANAKERI
H.NO.7/5, MAJOR
M. MOMINPUR
NEAR SHARANABASVER TEMPLE
MALKHED, SEDAM TALUK
-2-
NC: 2024:KHC:36182
MFA No.1168 of 2023
GULBHARGA DISTRICT-585317.
...RESPONDENTS
(BY SRI. GOVINDARAJAN R, ADV., FOR R1
V/O DTD:14.06.2024 NOTICE TO R2 IS D/W)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.08.12.2022 PASSED IN MVC
NO.609/2020 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE AND JMFC, HASSAN, 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.Girish.B.Baladare, learned counsel for the
appellant as well as Sri.Govindarajan.R, learned counsel
for respondent No.1.
2. Dissatisfied with the amount that is awarded as
compensation, the claimant is before this Court
challenging the order that is rendered by the Motor
Accident Claims Tribunal, Hassan in MVC No.609/2020
dated 08.12.2022. As against the claim for Rs.40,00,000/-
in total, the Tribunal through the impugned order awarded
a sum of Rs.11,10,709/- as compensation.
NC: 2024:KHC:36182
3. Sri.Girish.B.Baladare, arguing the matter
representing the appellant contends that the appellant as
a caterer and head cook was earning Rs.25,000/- p.m. by
the date of accident. The appellant due to the injury
sustained in the accident lost his lower limb below knee.
Therefore, the appellant became totally disabled to work.
Though sufficient evidence was produced before the
Tribunal in respect of all the aspects of the case, the
Tribunal awarded a meager sum as compensation and
therefore, the appellant is before this Court. Learned
counsel also contends that the Tribunal took the notional
income as Rs.12,000/- p.m. only. Learned counsel
contends that the accident occurred in the year 2019 and
for the relevant period 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 thereby seeks
for enhancement of compensation.
NC: 2024:KHC:36182
4. Sri.Govindarajan.R, learned counsel for
respondent No.1 though states that the compensation
awarded by the Tribunal is justifiable, however, did not
raise any objection to reassess the computation of
compensation taking the notional income as Rs.14,000/-
p.m. as sought for by the learned counsel for the
appellant. Also the request made appears justifiable.
Therefore, the notional income of the appellant is taken as
Rs.14,000/- p.m. by the date of accident.
5. It is not in dispute that the appellant was aged
about 57 years by the date of accident. Thus 10% of the
actual earnings are required to be added towards future
prospects as per the decision of the Hon'ble Apex Court in
the case of National Insurance Company Limited Vs.
Pranay Sethi and Others reported in (2017) 16 SCC 680.
Also the appropriate multiplier to be applied is '9'. Thus
the compensation which the appellant is entitled to under
the head loss of future earnings due to permanent physical
disability being 50% as assessed by Cw.1 is as under:
NC: 2024:KHC:36182
Notional monthly income Rs.14,000/-
Annual income Rs.1,68,000/-
Add 10% towards future Rs.1,84,800/-
prospects
On applying appropriate Rs.16,63,200/-
multiplier 9
Loss of future earnings due to Rs.8,31,600/-
permanent physical disability
being 50% is
6. The Tribunal through the impugned order
assessed and awarded compensation of Rs.11,10,709/-
under following heads:
Sl. Description Amount
No
1 Towards pain and
Rs.50,000
sufferings
2 Medical expenses Rs.3,07,709
3 Towards attendant
charges, nourishment of Rs.5,000
food and conveyance
4 Towards discomfort and
Rs.50,000
loss of amenities
5 Loss of earnings during
Rs.50,000
laid up period
NC: 2024:KHC:36182
6 Loss of future income Rs.6,48,000
Total Rs.11,10,709
7. There is no denial of the fact that the appellant
sustained crush injury to right foot coupled with vascular
injury. It is also brought on record that there was right leg
below knee amputation as the said leg lost its functioning
due to stoppage of blood flow. It is also brought on record
that the appellant took extensive treatment for the said
injury. Having considered the fact that there was
amputation of the lower limb below knee, this Court is of
the view that the appellant would not had been in a
position to attend his normal pursuits at least for a period
of ten months. Therefore, the loss of earnings during laid
up period comes to Rs.1,40,000/-. However, the Tribunal
awarded a sum of Rs.50,000/- only under the said head.
Also this Court is of the view that the appellant is entitled
to a sum of Rs.1,00,000/- under the head pain and
suffering and Rs.20,000/- towards attendant,
nourishment, food and conveyance charges.
NC: 2024:KHC:36182
8. Thus the total compensation which the
appellant is entitled to under different heads is as under:
Sl. Description Amount
No
1 Compensation for pain
Rs.1,00,000
and suffering
2 Medical expenses Rs.3,07,709
3 Towards attendant, extra
nourishment, diet and Rs.20,000
conveyance charges
4 Loss of amenities in life Rs.50,000
5 Loss of earnings during
Rs.1,40,000
laid up period
6 Loss of future earnings Rs.8,31,600
Total Rs.14,49,309
9. Thus, in the light of the forgoing discussion, the
following:
ORDER
(i) The appeal is allowed in part.
(ii) The compensation that is granted by Motor
Accident Claims Tribunal, Hassan through
orders in MVC No.609/2020 dated
NC: 2024:KHC:36182
08.12.2022 is enhanced from
Rs.11,10,709/- to Rs.14,49,309/-.
(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.1 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.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
NS
CT:MS
