In an appeal under Section 173(1) of the Motor Vehicles Act challenging the Motor Accident Claims Tribunal award, the High Court enhanced the compensation from Rs. 2,33,162 to Rs. 3,92,462 by reassessing future loss of income and enhancing other heads of damage.
Compensation enhanced from Rs. 2,33,162 to Rs. 3,92,462 and interest awarded at 6% per annum.
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.
MFA No. 4449 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 4449 OF 2018 (MV-I)
BETWEEN:
NAREMMA AGED ABOUT 39 YEARS W/O LATE GANGULAPPA, R/AT RAMPURA, MAJARA, CHITLAPALLI GADDA, CHINTAMANI TALUK, NOW R/AT THOTLI VILLAGE, KOLAR TALUK. …APPELLANT
(BY SRI. PAVANA CHANDRA SHETTY H, ADVOCATE)
AND:
Digitally signed by PAVITHRA B Location: High Court of Karnataka
1 . T.S.KRISHNAMURTHY S/O SEETHAPPA, AGE: MAJOR R/AT DEVAGANAHALLI VILLAGE, SHIDLAGHATTA TALUK, CHIKKABALLAPUR DISTRICT-563 125.
2 . UNITED INDIA INSURANCE CO. LTD., SUGUNA NURSING HOME BUILDING, ANTHARAGANGE ROAD, NEAR KSRTC BUS STAND, KOLAR DISTRICT, REP: BY ITS MANAGER. …RESPONDENTS
(BY SRI C SHANAKRA REDDY, ADVOCATE FOR R2 R1-NOTICE D/W V/O DTD. 24.11.2022)
MFA No. 4449 of 2018
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:27.02.2018 PASSED IN MVC No.205/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MACT, KOLAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the appellant-claimant challenging the judgment and award dated 27.02.2018 passed in MVC No.205/2016 by the Court of the Prl. Senior Civil Judge & MACT, Kolar seeking enhancement of compensation.
2. Brief facts of the case are as under:
On 19.06.2016 at around 3.15 p.m., the petitioner and her son were returning from Chintamani on the two wheelers and when they reached Kanamapalli village, ChintamaniBangalore Road, one Mahindra car bearing No.KA-34-M-8028 came from Bangalore side in a rash and negligent manner and dashed as against the two wheeler/vehicle of the petitioner and due to the accident, the petitioner fell down and sustained multiple and grievous injuries all over the body. Hence, the
MFA No. 4449 of 2018
appellant-claimant has filed claim petition under Section 166
of MV Act seeking claim. The Tribunal after re-appreciating the evidence on record has awarded compensation of Rs.2,33,162/- along with interest at 6% p.a. from the date of petition till the date of realization.
counsels appearing on both sides and perused the records.
various heads as follows:
| 1 | Pain and suffering | Rs. 20,000/- |
|---|---|---|
| 2 | Medical expenses | Rs. 82,962/- |
| 3 | Food nourishment, conveyance and attendant charges |
Rs. 15,000/- |
| 4 | Future loss of income | Rs. 1,15,200/- |
| TOTAL | Rs. 2,33,162/- |
MFA No. 4449 of 2018
has rightly considered the disability of 10% towards whole body. The Tribunal has held the income of the appellantclaimant at Rs.6,000/- p.m. which is on the lesser side. Therefore, the same is taken at 9,500/- p.m. for the accident occurred during the year 2016 as recognized by the Karnataka State Legal Services Authority and the appellant-claimant was 37 years old. Therefore, appropriate multiplier is 15. Accordingly, the ‘loss of future income due to disability’ is reassessed and quantified as follows:
9,500/-x10/100x15x12 = Rs.1,71,000/-
MFA No. 4449 of 2018
compensation under various heads as follows:
| 1 | Pain and suffering Rs. |
50,000/- |
|---|---|---|
| 2 | Medical expenses Rs. |
82,962/- |
| 3 | Food nourishment, conveyance and attendant charges Rs. |
25,000/- |
| 4 | Future loss of income Rs. |
1,71,000/- |
| 5. | Loss of amenities Rs. |
35,000/- |
| 6. | Loss of income during laid up period (9,500x3) Rs. |
28,500/- |
| TOTAL Rs. |
3,92,462/- |
Hence, the appellant-claimant is entitled for total enhanced compensation of Rs.3,92,462/- as against Rs.2,33,162/- awarded by the Tribunal and the appellant is entitled for an additional compensation of Rs.1,59,300/(Rs.3,92,462/- - Rs.2,33,162/-), along with interest at the rate of 6% per annum from the date of petition till the date of realization.
ORDER
MFA No. 4449 of 2018
Sd/JUDGE
SSD
2 issues framed by the court
Whether the compensation awarded by the single judge and the motor accident tribunal should be enhanced.
Whether the quantum of future loss of income and pain and suffering damages should be reassessed based on the applicant's disability and profession.
Naremman
T.S. Krishnamurthy
United India Insurance Co. Ltd.
Hanchate Sanjeevkumar
As recorded by the court registry
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