Allowed

Rajappa v. Purushotham M M

Karnataka HC11 Mar 2024MFA/1359/2014

Case brief

AI extract

What is this about?

Injured claimant sought enhancement of motor accident compensation. The court enhanced pain and suffering, recomputed loss of future earning using the Legal Service Authority chart with multiplier 14 and 30% disability, added loss of amenities and income during treatment, allowing enhancement of Rs.2,27,000/- at 6% interest.

What did the court decide?

Enhanced compensation of Rs.2,27,000/- rounded, with 6% interest from claim petition date; insurer to deposit within two months.

Rajappa Vs Purushotham M M — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:9727 MFA No. 1359 of 2014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL NO.1359 OF 2014(MV-I)

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BETWEEN:

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RAJAPPA S/O LATE KENCHAPPA, AGED ABOUT 46 YEARS, CHALLAPURA EDIGARA HATTI, KELANGURU POST, KASABA HOBLI, ARASIKERE TALUK, HASSAN DISTRICT-573 201. PRESENT ADDRESS: C/O MUREGESH, H.NO.203, KOUNDAHALLI VILLAGE, ANEMAHAL, POST, SAKALESHPUR, HASSAN DISTRICT.

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…APPELLANT

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(BY SRI. RAJARAM.T., ADVOCATE)

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AND:

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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PURUSHOTHAM.M.M S/O MANJE GOWDA, SHRI MANJUNATHASWAMY, NILAYA FIELD OFFICER, CANARA BANK ROAD, GORURU, HASAN TQ-573 201.

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THE REGIONAL OFFICE, ICICI GENERAL INSURANCE COMPANY, NO.22, CHH ROAD MAXIMUS, COMMERCIAL COMPLEX, HAMAPANKATTE, MANGALORE-575 001. …RESPONDENTS

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(R1-SERVED AND UNREPRESENTED; BY SRI. B.C.SHIVANNE GOWDA., ADVOCATE FOR R2)

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NC: 2024:KHC:9727 MFA No. 1359 of 2014

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, THE JUDGMENT AND AWARD DATED:05.07.2013 PASSED IN MVC NO.222/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C, SAKALESHPUR.

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

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JUDGMENT

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Sri.Rajaram.T., learned counsel for the appellant and Sri.B.C.Shivanne Gowda., learned counsel for respondent No.2 have appeared in person.

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Notice to the respondents was ordered on 06.08.2015. A perusal of the office note depicts that respondent No.1 is served and unrepresented. He has neither engaged the services of an advocate nor conducted the case as party in person.

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Though the appeal is listed today for admission, with the consent of learned counsel for the respective parties, it is heard finally.

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The claimant has preferred the captioned appeal seeking enhancement of the compensation.

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NC: 2024:KHC:9727 MFA No. 1359 of 2014

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5. Learned counsel for the appellant submits that the

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Judgment of the Tribunal is contrary to the evidence on record and law.

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Next, he submits that the Tribunal has erred in awarding a sum of Rs.20,000/- (Rupees Twenty Thousand only) towards pain and suffering.

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A further submission is made that the Tribunal has erred in awarding meagre amount under other heads.

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Lastly, he submits that viewed from any angle the meagre compensation awarded by the Tribunal is untenable. Therefore, he submits that the award of the Tribunal requires interference and accordingly, prayed to allow the appeal.

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Learned counsel for the Insurance Company justified the Judgment of the Tribunal. He submits that the appeal is devoid of merits and the same may be dismissed.

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Heard, the contentions urged on behalf of the respective parties and perused the appeal papers and also the records with utmost care.

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NC: 2024:KHC:9727 MFA No. 1359 of 2014

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The Claimant's appeal is one for enhancement of compensation and modification of the judgment. The Tribunal taking note of the material evidence on record concluded that the Claimant sustained injuries due to the accident.

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The grounds urged in the present appeal are mainly relating to the meager compensation awarded under different heads by the Tribunal. The Claimant has suffered pain and agony owing to the injuries sustained in the accident in question. Hence, this Court deems it appropriate to award Rs.50,000/- (Rupees Fifty Thousand only) towards pain and sufferings as against Rs.20,000/- (Rupees Twenty Thousand only) awarded by the Tribunal.

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The compensation awarded by the Tribunal towards Medical bills and Attending charges and special diets remains intact.

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It is noticed that the Tribunal awarded Rs.1,89,000/(Rupees One Lakh Eighty Nine Thousand only) towards loss of future income. It is contended that the claimant was working as agriculturist and was earning Rs.3,750/- (Rupees Three Thousand Seven Hundred and Fifty only) per month. However,

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NC: 2024:KHC:9727 MFA No. 1359 of 2014

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there is no proof of income. In the absence of proof of income, the chart prepared by the Legal Service Authority must be taken into consideration. As per the chart, if the accident is occurred in the year 2011, the salary of the injured must be taken as Rs.6,500/- (Rupees Six Thousand Five Hundred only) per month. The age of the claimant was 44 years as on the date of accident, hence the multiplier 14 is to be adopted. It is said that the claimant has suffered total disability of 30%. Hence, the amount towards loss of future earning is calculated as under:

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Rs.6,500 X 12 X 14 X 30/100 = Rs.3,27,600/-

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It is noticed that the Tribunal has not awarded compensation under the heads of Loss of amenities and Loss of income during treatment period. Hence, this Court deems it appropriate to award Rs.50,000/- (Rupees Fifty Thousand only) towards loss of amenities and as per the chart, if the accident is occurred in the year 2011, the salary of the injured must be taken as Rs.6,500/- (Rupees Six Thousand Five Hundred only) per month. The treatment period is three months. Hence, the

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6 - NC: 2024:KHC:9727 MFA No. 1359 of 2014

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amount towards loss of during treatment period is calculated as under:

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Rs.6,500 X 3 = 19,500/-

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This Court is not awarding amount towards the injury Nos.2 to 5 awarded by the Tribunal.

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Accordingly, this Court re-determines the

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compensation as under:-

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1.	Pain and Sufferings	20,000 +30,000	Rs.50,000/-
2.	Medical Bills	1,00,835	Rs.1,00,835/-
3.	Attending charges and special diets	10,000	Rs.10,000/-
4.	Loss of future earning 6,500 x 12 x 14 x 30/100	3,27,600	Rs.3,27,600/-
5.	Loss of amenities	50,000	Rs.50,000/-
6.	Loss of income during treatment period	6500 x 3	Rs.19,500/-
		Total:	Rs.5,57,935/-
	(Less) Compensation	awarded by the Tribunal:	-Rs.3,31,835/-
	Enhanced compensa	tion awarded by this Court:	Rs.2,26,100/-
		Rounded off :	Rs.2,27,000/-

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NC: 2024:KHC:9727 MFA No. 1359 of 2014

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Hence, the following:

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ORDER

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The Miscellaneous First appeal is allowed and the Judgment dated:05.07.2013 passed by the Senior Civil Judge and MACT, Sakaleshpur in M.V.C No.222/2012 is modified to the extent stated hereinabove.

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The claimant is entitled for the enhanced

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compensation of Rs.2,27,000/- (Rupees Two Lakhs Twenty Seven Thousand only) with interest at the rate of 6% per annum from the date of the claim petition till the date of realization.

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The second respondent - Insurance Company is directed to deposit the enhanced compensation amount along with 6% interest within a period of two months from the date of receipt of the certified copy of this Judgment.

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Needless to observe that the claimant is

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not entitled for the interest for delayed period.

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NC: 2024:KHC:9727 MFA No. 1359 of 2014

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The Registry to draw the modified award

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accordingly.

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Office is directed to transmit the original

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records to the concerned Tribunal forthwith.

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Sd/JUDGE

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MRP List No.: 1 Sl No.: 26

Rajappa v. Purushotham M M

Case brief

What is this about?

What did the court decide?

Rajappa v. Purushotham M M

Case brief

What is this about?

What did the court decide?

What the court decided

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