Allowed

Krishan S/O Venkappa Arenad, v. Yallappa Bharamappa Madiwalar

Karnataka HC19 Aug 2017MFA/20494/2013

Case brief

AI extract

What is this about?

The High Court allowed the appeal filed by an injured claimant against the Motor Accident Claims Tribunal award. The Court enhanced the compensation for pain and suffering, loss of future income, and loss of amenities, adjusting the income calculation to match coordinate bench notional standards and increasing the total award amount.

What did the court decide?

The compensation awarded by the Tribunal was enhanced from `1,40,800/- to `2,03,800/- in total.

Krishan S/O Venkappa Arenad, Vs Yallappa Bharamappa… — Motor Accident Claims | Karnataka HC (2017)

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M.F.A.No.20494/2013

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 19^TH DAY OF AUGUST, 2017

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BEFORE

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THE HON’BLE DR.JUSTICE H.B.PRABHAKARA SASTRY

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M.F.A. NO.20494/2013 (MV)

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BETWEEN:

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KRISHNA S/O VENKAPPA ARENAD, AGE: 32 YEARS, OCC: AGRI & COOLIE, R/O HIRE SANSHI, TQ: BAGALKOT, DIST: BAGALKOT. ... APPELLANT

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(BY SRI.SIDDAPPA S SAJJAN, ADVOCATE)

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AND:

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YALLAPPA BHARAMAPPA MADIWALAR,

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AGE: MAJOR, OCC: OWNER OF THE

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VEHICLE, R/O HOUSE NO.52, 9^TH CROSS, VIDHYAGIRI, BAGALKOT,

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TQ & DIST: BAGALKOT.

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THE BRANCH MANAGER,

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RELIANCE GENERAL INSURANCE

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COMPANY LIMITED, GULBARGA.

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... RESPONDENTS

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(SRI.G.N.RAICHUR, ADV. FOR R2,

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NOTICE TO R1 DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF THE MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.11.2012, PASSED IN MVC NO.306/2011, ON THE FILE OF THE MEMBER, MACT-II, BAGALKOT, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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M.F.A.No.20494/2013

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

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JUDGMENT

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This appeal though has been listed for admission,

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however, with the consent from both side the matter is taken up for final disposal.

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This appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded by the Member, Motor Accident Claims Tribunal-II, Bagalkot (hereinafter referred to as the ‘Tribunal’ for brevity) by its judgment and award dated 08.11.2012 in MVC No.306/2011.

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The present appellant was the claimant in the Tribunal below, whose claim petition under Section 166 of the Motor Vehicles Act, 1988, was allowed in part by the said Tribunal below. The contention of the appellant in his memorandum of appeal as well as the argument of the learned counsel for the appellant are that, the Tribunal below has erred in taking the income of the injured at

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M.F.A.No.20494/2013

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3,000/- p.m. which is meager amount, when he was earning an income of 15,000/- p.m. Further, stating that the compensation awarded under the heads of ‘pain and suffering’ and ‘loss of amenities’ are also meager, the appellant has prayed for enhancement of the compensation.

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Learned counsel appearing for the respondentInsurance Company in his argument submitted that, no document has been produced to show the income of the injured, as such, the compensation awarded under the impugned judgment and award is reasonable sum warranting no interference at the hands of this Court.

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The present appeal being the claimant’s appeal and the respondents having not preferred either crossobjection or a counter appeal, the question of occurrence of accident on the date, time and place alleged by the claimant and also the alleged fault on the part of the driver of the offending vehicle is not in dispute. Therefore,

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M.F.A.No.20494/2013

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the question of occurrence of accident and the alleged liability of the respondents to pay compensation to the injured claimant for the injuries sustained by him in the accident need not be re-analysed again. The only question that remains to be considered is about the quantum of

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compensation awarded by the Tribunal below.

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After analysing the evidence and the materials

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placed before it, the Tribunal below has awarded the compensation under the following heads with the sum shown against them:

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	Amount(`)
1. Pain and sufferings	10,000/-
2. Medical expenses	52,100/-
3. Loss of future income	57,600/-
4. Loss of amenities, nutrition,	4,200/-
diet and attendant charges
5. Future medical expenses	..No document..
6. Transportation charges	16,900/-
Total	1,40,800/-

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M.F.A.No.20494/2013

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From a perusal of the materials placed before me,

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it is seen that the claimant was shown to have sustained compound dislocation, fracture of left subtler joint. The compensation of 10,000/- awarded by the Tribunal below towards ‘pain and suffering’ for the said injury appears to be on the lower side. The same deserves to be enhanced by a sum of ** 10,000/-** .

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The claimant has also contended that, he was doing hard coolie and agriculture work and thereby was earning a sum of 15,000/- p.m. Admittedly, no documents are produced by him to prove the alleged income. In the absence of the same, it is the notional income that prevails for the relevant year that requires to be taken. The co-ordinate Benches of this Court are taking the notional income in such a circumstance for the year 2010 at 5,500/- p.m. Since, the Tribunal below has taken the said notional income of the claimant at 3,000/p.m., the same requires to be increased to 5,500/- and

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M.F.A.No.20494/2013

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the quantum of compensation towards ‘loss of future income’ is to be recalculated.

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In the light of undisputed age of the claimant which is shown as 32 years, for which the proper multiplier would be 16 and the disability at 10% as arrived at by the Tribunal below, the quantum of compensation for which the claimant is entitled to under the head of ‘loss of future income’ would be 1,05,600/- (5,500X12X16X10/100). After deducting a sum of 57,600/- awarded by the Tribunal below under the said head, the claimant/appellant is entitled for an enhancement of a sum of ** 48,000/-** under the said head.

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Considering the nature of injuries suffered by the claimant and the permanent disability he is suffering with, I am of the view that the compensation awarded under the head of ‘loss of amenities, nutrition, diet and attendant charges’ deserves to be enhanced by a sum of ` 5,000/- .

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M.F.A.No.20494/2013

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Barring the above, the appellant has not made

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out any grounds to enhance or modify any other heads. Thus, in total the claimant/appellant is entitled for a compensation of a sum of 63,000/- as enhanced compensation, which is in addition to the compensation of 1,40,800/- awarded by the Tribunal below. Thus, in total the claimant is entitled for a compensation of a sum of `2,03,800/-.

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11. Accordingly, I proceed to pass the following:

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ORDER

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The appeal is allowed in part.

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The judgment and award passed by the Member,

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Motor Accident Claims Tribunal-II, Bagalkot, in MVC No.306/2011 dated 08.11.2012, is modified to the extent that the compensation awarded by the Tribunal below at 1,40,800/- is enhanced by a sum of 63,000/- (Rupees Sixty Three Thousand Only), thus, fixing the total

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M.F.A.No.20494/2013

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compensation at `2,03,800/- (Rupees Two Lakhs Three Thousand Eight Hundred Only)

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The rest of the order of the Tribunal below regarding awarding the interest, its rate and apportionment and order regarding the deposit to be made, if any, shall remain unaltered.

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Draw modified decree accordingly.

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Sd/JUDGE

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Krishan S/O Venkappa Arenad, v. Yallappa Bharamappa Madiwalar

Case brief

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Krishan S/O Venkappa Arenad, v. Yallappa Bharamappa Madiwalar

Case brief

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What did the court decide?

What the court decided

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