The High Court allowed the appeal in part, enhancing the motor accident compensation awarded by the Tribunal from Rs.2,49,492/- to Rs.4,03,052/- due to lower notional income and revised disability percentage calculation.
Compensation enhanced to Rs.4,03,052/- with 6% interest from petition date; insurance company to deposit amount within 90 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2021
PRESENT
THE HON'BLE MRS. JUSTICE S. SUJATHA
AND
THE HON'BLE MR. JUSTICE M.I.ARUN
MFA NO.572 OF 2018 (MV)
BETWEEN :
SRI. T. LOKESHA S/O THIMMAIAH @ SANNATHIMMAIAH AGED ABOUT 29 YEARS OCCUPATION COOLIE WORK R/O HALE DYAMAVVANAHALLI VILLAGE, CHITRADURGA TALUK CHITRADURGA DISTRICT – 577 501 ... APPELLANT
(BY SRI. H. ASHOK KUMAR, ADVOCATE)
AND :
THE IFFCO TOKIO GENERAL INSURANCE CO. LTD. PCA AND RD BANK NO.7/432
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K. B. EXTENSION, LAWYER ROAD DAVANAGERE, DAVANAGERE DISTRICT – 577 301 ... RESPONDENTS
(BY SRI. B. PRADEEP, ADV. FOR R2; NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 24.05.2017 PASSED IN MVC NO.1168/2016 ON THE FILE OF THE PRL.SENIOR CIVIL JUDGE AND CJM, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION
THIS MFA COMING ON FOR ORDERS, THIS DAY, M.I.ARUN J., DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the judgment and award dated 24.05.2017 passed in MVC No.1168/2016 by the Principal Senior Civil Judge, CJM and Additional Motor Accident Claims Tribunal, Chitradurga (for short ‘the Tribunal’), the petitioner therein has preferred this appeal.
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has come to the conclusion that 1/3rd of the said disability has to be taken to consider the entire bodily disability. On the said ground, it has taken 10% as permanent disability to the entire body. Further, the Tribunal, in the absence of actual proof of income has taken Rs.6,000/- per month as the notional income for calculating loss of future income due to permanent disability. It has awarded the following compensation under different heads:
| Sl.No. | Particulars | Amount in Rs. |
|---|---|---|
| 1. | Towards pain and sufferings | 30,000/- |
| 2. | Conveyance, Food Nourishment, Attendant charges and Medical expenses |
6,000/- |
| 3. | Towards medical expenses | 49,092/- |
| 4. | Towards loss of future income due to permanent disability |
1,22,400/- |
| 5. | Loss of amenities and unhappiness | 20,000/- |
| 6. | Towards future medical expenses | 10,000/- |
| 7. | Towards loss of income during laid down period |
12,000/- |
| Total | 2,49,492/- |
Not satisfied by the same, the petitioner has preferred
this appeal.
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Accordingly, a multiplier of 17 has to be adopted. Thus, towards loss of future income due to permanent disability, the petitioner would be entitled to a sum of Rs.2,01,960/[Rs.9,000/- X 12 X 11% X 17]. We also find that the compensation awarded under certain other heads are also on the lower side. Hence, we deem it appropriate to award Rs.50,000/- towards pain and suffering, Rs.15,000/- towards conveyance, food, nourishment and attendant charges, Rs.27,000/- towards loss of income during laid up period and Rs.50,000/- towards loss of amenities and unhappiness. We deem it appropriate to hold that the compensation awarded towards medical expenses at Rs.49,092/- and future medical expenses at Rs.10,000/- to be appropriate. Thus, in all, the petitioner would be entitled to a compensation of Rs.4,03,052/- as against Rs.2,49,492/- awarded by the Tribunal. We also deem it appropriate to award 6% interest on the enhanced compensation amount from the date of petition till its realization. Accordingly, the following:
ORDER
i) The appeal is allowed in part. ii) The total compensation awarded by the Tribunal is modified and enhanced to
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Rs.4,03,052/(Rupees Four Lakhs Three Thousand Fifty Two only) as against Rs.2,49,492/- which shall carry interest at the rate of 6% per annum from the date of the claim petition till its realization.
iii) The portion of the order of the Tribunal inasmuch as liability and disbursement remains intact.
iv) The insurance company shall deposit the amount determined as aforesaid before the Tribunal within 90 days from the date of receipt of the certified copy of the judgment and order.
v) The modified compensation amount shall be disbursed in terms of the order of the Tribunal.
vi)
Draw modified award accordingly.
Sd/- JUDGE
Sd/JUDGE
hkh.
2 issues framed by the court
Whether the quantum of compensation awarded by the Tribunal was appropriate given the notional income and degree of disability.
Whether the quantum of compensation for pain, suffering, and loss of amenities required enhancement.
SRI. T. LOKESHA
B. SIDDAPPA
THE BRANCH MANAGER THE IFFCO TOKIO GENERAL INSURANCE CO. LTD.
S. SUJATHA
M.I. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
