Partly allowed

C.N Manjula v. Anilkumar T.J

Karnataka HC5 Jun 2015MFA/2145/2014

Case brief

AI extract

What is this about?

In a first appeal, the High Court increased the compensation awarded to an injured appellant. The court calculated additional amounts for loss of future earnings and deprivation of income during treatment, granting a total of Rs.98,000 with interest.

What did the court decide?

Additional compensation of Rs.98,000 with interest at 6% p.a. from the date of petition till payment, in addition to the Tribunal's award.

C.N Manjula Vs Anilkumar T.J — Motor Accident Claims | Karnataka HC (2015)

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MFA No.2145/2014(MV) ��

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF JUNE, 2015

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BEFORE

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THE HON’BLE MR. JUSTICE A.S.PACHHAPURE

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MISCELLANEOUS FIRST APPEAL No.2145 OF 2014 (MV)

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BETWEEN:

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C N MANJULA W/O B N SHESHADRI AGED ABOUT 42 YEARS R/O OPP:TO EKANATHESHWARA TEMPLE SAPTHAGIRI EXTENSION TUMKUR TOWN, TUMKUR.

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PRESENTLY RESIDING AT KENCHATTALLI VILLAGE KASABA HOBLI, HASSAN TALUK MADIHALLI HOBLI BELUR TALUK-573 115.

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... APPELLANT

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(BY SRI: SHRIPAD V SHASTRI, ADV)

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AND:

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ANILKUMAR T J S/O JAYASHANKAR T N R/O VEERABHADRESHWARA NILAYA

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MFA No.2145/2014(MV)

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��

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YAJAMANA STREET MANDIPET, TUMKUR-572 101.

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THE MANAGING DIRECTOR K S R T C KENGAL HANUMANTHAIAH DOUBLE ROAD BANGALORE -27. REPRESENTED BY KSRTC B M ROAD, HASSAN

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THE DIVISIONAL MANAGER KSRTC TUMKUR DIVISION TUMKUR-572 101.

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... RESPONDENTS

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(BY SMT: SUMANGALA A SWAMY, ADV FOR R2 & 3, NOTICE TO R1 DISPENSED WITH

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V/O/DTD 05.06.2015)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.09.2013 PASSED IN MVC NO.1418/2012 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS MFA COMING ON FOR ADMISSION, THIS DAY THE COURT DELIVERED THE FOLLOWING:

MFA No.2145/2014(MV)

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J U D G M E N T

The appellant has sustained the head injury and other simple injuries. She was treated in the hospital. She suffered the disability to an extent of 10% to the whole body. The Tribunal after recording the evidence, has granted the sum of Rs.1,18,000/- as compensation on all the heads.

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2. It is the contention of learned

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Counsel for the appellant that the assessment of income is on the lower side and that the Tribunal has not granted any compensation towards loss of income during the period of treatment and the grant of compensation for food, nourishment, attendant charges etc., is on the lower side.

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3. On the other hand, learned Counsel

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for the insurer supports the judgment and award

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MFA No.2145/2014(MV)

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��

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and submits that the just compensation has been granted.

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Perusal of the material placed on

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record reveals that the accident is of year 2012. Generally, a sum of Rs.7,000/- to Rs.8,000/- is considered as income in lok adalat, with the consent of parties in respect of the accident of the years 2012 and 2013. Therefore, it is proper to assess the income at Rs.7,000/per month and accepting the disability as held by the Tribunal at 10%, the loss of future earnings would be Rs.7000 x 12 x 15 x 10/100 = Rs.1,26,000/-. Deducting the sum of Rs.54,000/- awarded by the Tribunal, the appellant is entitled to Rs.72,000/- towards loss of future earnings.

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The Tribunal has not granted any

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compensation towards loss of income during the period of treatment. The appellant requires

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MFA No.2145/2014(MV)

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atleast three months time to resume to duties after treatment. Hence, it is proper to grant the sum of Rs.21,000/- towards loss of income during the period of treatment. Only Rs.10,000/- is granted towards medical expenses including nutrition, special diet, conveyance etc., I think it is proper to grant separate sum of Rs.5,000/. towards food, nourishment, attendant charges etc., The grant of compensation on other heads is just and proper, thereby the appellant is entitled to additional compensation as under:

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Loss of future earnings Rs.72,000/Loss of income during the period of treatment Rs.21,000/Food, nourishment, attendant etc. Rs.5,000/- Total Rs.98,000/-

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Consequently, the appeal is allowed in part. The appellant is entitled to Rs.98,000/- with interest at 6% p.a. from the

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MFA No.2145/2014(MV)

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��

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date of petition till its payment in addition to

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the compensation awarded by the Tribunal.

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Sd/JUDGE

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*bgn/-

C.N Manjula v. Anilkumar T.J

Case brief

What is this about?

What did the court decide?

C.N Manjula v. Anilkumar T.J

Case brief

What is this about?

What did the court decide?

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