High Court partially allowed appellant's appeal to enhance motor accident compensation. Court modified Tribunal's award by adding future prospects and loss of amenities, increasing total compensation to Rs.24 Lakhs and directing deposit.
Compensation enhanced to Rs.24,00,360 with 6% interest; Respondent No.2 directed to deposit within six weeks.
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.
NC: 2023:KHC:36841-DB MFA No. 4864 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
MISCELLANEOUS FIRST APPEAL NO. 4864 OF 2017 (MV-I)
BETWEEN:
MR. ASHOKA S/O BANTAPPA POOJARY, AGED ABOUT 36 YEARS, R/AT H.NO.2-143E(1) KRISHNA NAGARA 3RD CROSS ROAD, KUMPALA, KOTEKAR POST, SOMESHWARA VILLAGE, MANGALORE-22.
…APPELLANT
Digitally signed by D HEMA Location: HIGH COURT OF KARNATAKA
(BY SMT.HALEEMA AMEEN, ADVOCATE FOR SRI ASHOK KUMAR SHETTY K., ADVOCATE)
AND:
NC: 2023:KHC:36841-DB MFA No. 4864 of 2017
2ND FLOOR, NO.203 & 207, INLAND AVENUE MANGALURU-575 022.
…RESPONDENTS
(BY SRI B PRADEEP FOR R2, ADVOCATE; R1 is served but unrepresented)
THIS MISCELLANEOUS FIRST APPEAL FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 16.11.2016 PASSED IN MVC NO.1796/2014 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE & MEMBER, MACT-IV, D.K., MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, UMESH M ADIGA J., DELIVERED THE FOLLOWING:
JUDGMENT
This is a claimant’s appeal against the judgment and award passed by the Tribunal in M.V.C.No.1796 of 2014 dated 16.11.2016 on the file of the III Additional District Judge and Motor Accidents Claims Tribunal-IV, Dakshina Kannada, Mangaluru (hereinafter referred to as the 'Tribunal' for short) claiming for enhancement of the compensation.
Tribunal that on 12.08.2014, petitioner was going on motorcycle as a pillion rider bearing Reg.No.KA-19EF-0498 from Thokkottu towards Kotekar. Due to rash and negligent riding of motorcycle by its rider Padmanabha, they met with an accident and claimant had sustained grievous injuries. He was shifted to K.S.Hegde Charitable Hospital and admitted as an inpatient from 12.08.2014 to 12.09.2014. He had spent more than Rs.1,25,000/towards treatment. He has been suffering from quadriplegia. He had lost control over all the four limbs, bladder and bowl and bed ridden. He is suffering from permanent disability of 100%.
statement denied the contentions of the claimant and it has stated that its liability is restricted to terms and conditions of policy of insurance and holding of valid license by rider of the motorcycle. With these reasons, prayed to dismiss the claim petition.
consideration based on the contentions of both the parties.
marked Exs.P1 to P21. The Respondent No.2 has not lead oral evidence but got marked Ex.R1.
on appreciating the evidence on record, awarded following amount of compensation:
| SL. No. |
PARTICULARS | AMOUNT (Rs.) |
|---|---|---|
| 1. | Pain and sufferings | 1,00,000/- |
| 2. | Medical expenses | 50,000/- |
| 3. | Food and conveyance during treatment period |
25,000/- |
| 4. | Loss of income during laid off | 16,100/- |
NC: 2023:KHC:36841-DB MFA No. 4864 of 2017
| period (Rs.7,000/-X69 days) | ||
|---|---|---|
| 5. | Loss of marriage Prospects | 1,00,000/- |
| 6. | Loss of future earning capacity (Rs.7,000/-X70%X12X16) |
9,40,800/- |
| 7. | Future medical expenses | 1,00,000/- |
| Total | 13,31,900/- |
Rounded off to Rs.13,32,000/-.
determination:
“Whether the claimant is entitled for enhancement of the compensation”?
wages by working as a Spray Painter, though he examined PW-3 and produced Ex.P13 to prove the same. The amount of compensation awarded under the other heads are also very meager and hence, prayed to enhance the same.
day since there were no corroborative materials placed on record to accept the same. The Tribunal had taken notional income as Rs.7,000/- per month. Normally, while settlement of the motor vehicle accident claim petitions before the Lok-Adalath, notional income of a victim of an accident of the year 2014 is considered as Rs.8,500/- per month and that could be applied to the facts of the present case.
LIMITED Vs. PRANAY SETHI AND OTHERS1 , 40% of his
income has to be added towards future prospects, i.e., Rs.3,400/- P.M. to the total income of the claimant.
1 (2017) 16 SCC 680
NC: 2023:KHC:36841-DB MFA No. 4864 of 2017
awarded under the head ‘loss of future earning capacity as
under:
| Income of the deceased per month |
Rs.8,500 |
|---|---|
| Add 40% towards future prospects |
Rs.3,400 |
Total (Income per month) |
Rs.11,900 |
Rs.11,900 X 16 (multiplier) X 70% (permanent disability) X 12 =Rs.15,99,360/-.
awarded by the Tribunal under some of the heads are not
just and reasonable, which needs to be enhanced.
liable to pay the compensation. Accordingly, we award
compensation as under:
| Sl.No. | Particulars | Amount (Rs.) |
|---|---|---|
| 1 | Pain and suffering | 1,50,000 |
| 2 | Medical expenses | 50,000 |
| 3 | Food, conveyance and attendant charges |
1,00,000 |
| 4 | Loss of income during laid up period (Rs.8,500X6) |
51,000 |
| 5 | Loss of marriage prospects | 1,00,000 |
| 6 | Loss of future earning capacity due to permanent disability |
15,99,360 |
| 7 | Future medical expenses | 1,00,000 |
| 8 | Loss of amenities | 2,50,000 |
| TOTAL | 24,00,360 |
The claimants are entitled for enhancement of Rs.10,68,360/-.
ORDER
i. The appeal is allowed in part.
ii. The impugned judgment and award passed
by the Tribunal in M.V.C.No.1796 of 2014 dated
16.11.2016 is modified as under:
a) The claimants are entitled for compensation of Rs.24,00,360 (Rupees Twenty Four Lakhs Three Hundred and Sixty only) as against Rs.13,32,000/- awarded by the Tribunal and they are entitled for enhancement of Rs.10,68,360/- (Rupees Ten Lakhs Sixty Eight Thousand Three Hundred and Sixty only) with interest at 6% per annum on the enhanced amount from the date of petition till its payment;
b) The Respondent No.2 is directed to deposit the said amount within a period of six weeks from the date of receipt of certified copy of this order.
c) Deposit and release of the amount as ordered by the Tribunal.
Sd/-
JUDGE
Sd/JUDGE
DH
1 issue framed by the court
Whether the claimant is entitled for enhancement of the compensation awarded by the Tribunal?
Colour shows how this judgement treated each authority
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As recorded by the court registry
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