Karnataka High Court
Sri. Jayaramu @ Gungura vs M/S The United Inida Insurance Co Ltd on 6 January, 2025
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NC: 2025:KHC:73
MFA No. 6912 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 6912 OF 2012 (MV)
BETWEEN:
SRI. JAYARAMU @ GUNGURA
S/O RAMAIAH,
AGED ABOUT 24 YEARS,
R/AT KALLAPURA,
JAGADAPURA P.O
VEERAPAKSHIPURA HOBLI,
CHENNAPATNA TALUK,
RAMANAGARAM DISTRICT.
...APPELLANT
(BY SMT. G.K. SREEVIDYA, ADVOCATE FOR
SRI. T. N. VISWANATHA,ADVOCATE)
AND:
1. M/S. THE UNITED INIDA INSURANCE CO. LTD.,
DO - 4, T. P. CLAIMS HUB, 2ND FLOOR,
Digitally signed
by AASEEFA NEAR SHANTHI THEATRE,
PARVEEN SOUTH END ROAD, BASAVANAGUDI,
Location: HIGH BANGALORE - 560 004.
COURT OF
KARNATAKA 2. MR. ARJUN REDDY
S/O. SRI KAMASAND
RAMACHANDRA REDDY,
MAJOR, R/AT NO. 27, 2ND CROSS,
PUTTENAHALLI, 7TH PHASE,
J. P. NAGAR, BANGALORE - 560 078.
...RESPONDENTS
(BY SRI. PHANEENDRA, ADVOCATE FOR
SRI. A.N. KRISHNA SWAMY, ADVOCATE FOR R1;
NOTICE TO R2 IS DISPENSED WITH,
V/O. DATED 22.07.2015)
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NC: 2025:KHC:73
MFA No. 6912 of 2012
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 16.03.2012 PASSED IN
MVC NO.3352/2011 ON THE FILE OF THE I ADDITIONAL SMALL
CAUSES JUDGE, MACT, BANGALORE, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Ms.Sreevidhya who represents Sri.T.N.Viswanatha,
learned counsel on record for the appellant as well as
Sri.Phaneendra, who represents Sri.A.N.Krishna Swamy,
learned counsel for respondent No.1.
2. Being dissatisfied with the sum that is awarded as
compensation by the Motor Accidents Claims Tribunal,
Bengaluru, through orders in MVC No.3352/2011 dated
16.03.2012, the present appeal is preferred by the claimant
therein.
3. Arguing the matter Ms.Sreevidhya, learned counsel
for the appellant contends that the appellant as a stone dresser
was earning Rs.9,000/- per month. He produced relevant
material in proof of his occupation and earnings. However, the
Tribunal took the notional income of the appellant as
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Rs.4,000/- per month which is improper. Learned counsel also
states that the accident occurred in the year 2011 and for the
relevant period, the Karnataka State Legal Services Authority is
taking the notional income as Rs.6,500/- per month and atleast
the said figure should have been considered by the Tribunal.
4. Learned counsel also states that the appellant
sustained fracture of right femur which is grievous in nature
and there is shortening of the leg. The compensation that is
awarded by the Tribunal is grossly low and therefore this
appeal is filed. Learned counsel ultimately seeks for
enhancement of compensation.
5. Learned counsel who represents respondent No.1
seeks the Court to pass necessary orders.
6. The appellant by all the evidence succeeded in
establishing that he sustained fracture of middle 1/3rd of right
femur. The Tribunal assessing the disability in respect of whole
body which is permanent in nature as 20%, applying the
multiplier '18' and taking the notional income as Rs.4,000/- per
month awarded a sum of Rs.1,72,800/- as compensation under
the head 'loss of future earnings'. However, considering the
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submission that is made by learned counsel for the appellant,
this Court considers desirable to take the notional income as
Rs.6,500/- per month. Thus, without disturbing the other
parameters, the loss of future income comes to Rs.2,80,800/-
(6,500/- x 12 x 18 x 20%).
7. The Tribunal awarded a sum of Rs.16,000/- towards
loss of income during treatment period. Taking the notional
income as Rs.4,000/- per month, loss of earnings for a period
of four months was granted. However, taking the notional
income as Rs.6,500/- per month, loss of income during laid up
period comes to Rs.26,000/- (6,500/- x 4).
8. Thus, the enhancement in compensation under the
head 'loss of future income' will be Rs.1,08,000/-
(Rs.2,80,800/- - Rs.1,72,800/-). The enhancement in
compensation under the head 'loss of income during laid up
period' will be Rs.10,000/- (Rs.26,000/- - Rs.16,000/-). Thus,
the total enhancement will be Rs.1,18,000/- (Rs.1,08,000/- +
Rs.10,000/-).
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9. Thus, 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.3352/2011 dated 16.03.2012 is enhanced by Rs.1,18,000/-.
iii) The enhanced sum shall carry interest at the rate of
6% per annum from the date of petition till the date of deposit,
except for the period of delay of 1638 days as per the order
dated 04.02.2020.
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
AP
CT:TSM
