In this Motor Accident Claims appeal, the High Court modified the Tribunal award by enhancing compensation for loss of earning capacity from Rs.6,66,600 to Rs.7,67,400, resulting in an enhancement of Rs.1,00,800 with interest.
Compensation enhanced by Rs.1,00,800 with interest at 6% p.a. from the date of petition till realization.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF NOVEMBER, 2022
PRESENT
THE HON'BLE MR. JUSTICE K.SOMASHEKAR
AND
THE HON’BLE MR. JUSTICE C.M.JOSHI
M.F.A. No.2872 OF 2017 (MV-I)
BETWEEN:
SRI.G.MAHAN, S/O LATE GOWRAPPA, AGED ABOUT 26 YEARS, DRIVER,
R/O DAR POLICE QUARTERS, RAMANAHALLI CHIKKAMAGALURU - 577101
...APPELLANT
(BY SRI K.S.GANESHA, ADVOCATE)
AND:
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11TH MAIN, 3RD BLOCK, JAYANAGARA, BENGALURU - 560 011. REPRESENTED BY IT'S MANAGER
…RESPONDENTS
(BY SRI CHETAN.B, ADVOCATE FOR R-1; SRI.D.VIJAYAKUMAR, ADVOCATE FOR R-2;)
THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.12.2016 PASSED IN MVC NO.199/2015 ON THE FILE OF THE PRINCIPAL DISTRICT & SESSIONS JUDGE AND MMACT, CHIKKAMAGALURU PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.
THIS M.F.A. COMING ON FOR ADMISSION, THIS DAY C.M.JOSHI J., DELIVERED THE FOLLOWING:
JUDGMENT
By consent of the learned counsel for both the parties, the matter is taken up for final disposal though it is listed for admission.
Aggrieved by the judgment and award dated 22.12.2016 passed in MVC No.199/2015 by the learned Principal District and Sessions Judge and MMACT, Chikkamagaluru, partly allowing the petition awarding compensation of Rs.6,66,600/-, petitioner/appellant has
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approached this Court in appeal by urging various grounds.
On 15.02.2015 at about 9.30 p.m. petitioner along with his friend C.M.Niranjan as pillion rider was proceeding towards Chikkamagaluru from Hassan after attending marriage at Hassan on Yamaha Motor bike bearing No.KA 18 K 9773. While they were proceeding near Andalegadi, Hassan- Belur Road, Honda Amaze Car bearing No.KA 01 MK 8323 driven by respondent No.1 came from opposite direction in a rash and negligent manner and dashed to the bike. Due to the said accident, petitioner sustained grievous injuries. Immediately, he was shifted to Chamarajendra Hospital, Hassan. After taking first aid, he was shifted to Apollo BGS Hospital, Mysore. In the accident, he suffered fractures on both legs and skull. He was operated for two days and totally four operations were
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conducted and plates were inserted to his femur and two bones of right leg and left ankle. He was advised to take complete bed rest for nine months and rest for two years. He has spend more than Rs.4,00,000/- towards medical expenses, attendant charges and personal express. For follow up treatment, he used to visit hospital by engaging ambulance. Due to the injuries sustained in the accident, he has lost his job. Prior to the accident, he was earning Rs.10,000/- from his driving work, apart from bata, OT and other commission. Due to injuries sustained in the accident, he is not able to stand, walk or sit or to do minimum movements. Therefore he sought for total compensation of Rs.30,00,000/- from the respondents.
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as such, he is not liable to pay any compensation and that the compensation claimed in exorbitant and prayed to dismiss the petition.
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| Pain and sufferings | Rs. 75,000/- |
|---|---|
| Attendant, food and nourishment charges |
Rs. 8,000/- |
| Medical expenses | Rs. 2,61,000/- |
| Transportation charges | Rs. 21,000/- |
| Loss of income during treatment | Rs. 18,000/- |
| Loss of earning capacity | Rs. 1,83,600/- |
| Future medical expenses | Rs. 1,00,000/- |
| Total | Rs. 6,66,600/- |
heard learned counsel appearing for the appellant/ petitioner and the learned counsel appearing for respondents.
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a driver and therefore, there being no documentary evidence, the Tribunal had considered the notional income of Rs.6,000/- per month owing to his age of 25 years. It is pertinent to note that the disability assessed by the Doctor who has appointed at the instance of the Tribunal cannot be found fault with. The accident had taken place in the year 2015 and therefore, the notional income adopted by the Tribunal appears to be incorrect and in our considered view, it would be Rs.9,000/- per month including the future prospects. Hence, the loss of future income has to be calculated as Rs.9,000/- x 12 x 17 x 15%=2,75,400/and consequently, the loss of income during laid up period has to be increased to Rs.27,000/-.
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| Pain and sufferings | Rs. 75,000/- |
|---|---|
| Attendant, food and nourishment charges |
Rs. 8,000/- |
| Medical expenses | Rs. 2,61,000/- |
| Transportation charges | Rs. 21,000/- |
| Loss of income during treatment | Rs. 27,000/- |
| Loss of earning capacity | Rs. 2,75,400/- |
| Future medical expenses | Rs. 1,00,000/- |
| Total | Rs. 7,67,400/- |
| Less: awarded by the Tribunal | Rs. 6,66,600/- |
| Enhancement | Rs. 1,00,800/- |
a sum of Rs.1,00,800/- in addition to what has been awarded by the Tribunal. Hence, we pass the following:
ORDER
(i) Appeal is allowed in part
(ii) The impugned judgment and award dated 22.12.2016 passed in MVC No.199/2015
by the Tribunal is modified by enhancing the compensation of Rs.1,00,800/- together with interest at 6% p.a. from the date of petition till realization.
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(iii) Insurance company is directed to
deposit the compensation amount together with interest within a period of 4 weeks from the date of receipt of the copy of this order.
(iv) The conditions of apportionment and
deposit as ordered by the Tribunal remain unaltered.
Sd/JUDGE
Sd/JUDGE
tsn*
2 issues framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal needs to be enhanced based on reassessment of loss of earning capacity.
Whether the principles for calculating future income and loss of earning capacity apply in light of the petitioner's age and future prospects.
SRI.G.MAHAN
SRI.SUSHANTH KAMATH
RELIANCE GENERAL INSURANCE
C.M.JOSHI
K.SOMASHEKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
