Special Judge enhanced compensation awarded in a Motor Accident Claim by granting additional damages for loss of future earning capacity, pain and suffering, lost income during laid-up period, and amenities, utilizing the medical appraisal of disability.
Enhanced compensation of Rs.2,60,440/- awarded along with 6% p.a. interest from the date of petition.
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 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 2565 OF 2019 (MV-I)
BETWEEN:
M. MANIKYA, S/O MARIYAPPA, AGED ABOUT 48 YEARS, R/O MARIYAPPA COMPOUND, BEHIND URDU SCHOOL, N.T.ROAD, SHIVAMOGGA – 577 201. …APPELLANT
(BY SRI. CHINNAY KULKARNI, ADVOCATE FOR SRI.R. GOPAL., ADVOCATE)
AND:
Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:490 MFA No. 2565 of 2019
…RESPONDENTS
(BY SRI.B.PRADEEP, ADVOCATE FOR R3; R1 – NOTICE SERVED; R2 – NOTICE DISPENSED WITH VIDE ORDER DATED 18.12.2023)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.12.2018 PASSED IN MVC NO.1097/2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-8, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The present appeal is filed by the appellant/claimant challenging the judgment and award dated 11.12.2018 in MVC.No.1097/2015 passed by the II Additional Senior Civil
Judge and Additional Motor Accident Claim Tribunal-8 at Shivamogga, for seeking enhancement of compensation.
NC: 2024:KHC:490 MFA No. 2565 of 2019
2. The factum of accident, injuries sustained by
the claimant and coverage of insurance is not in dispute.
Head injury, injuries below eye, nasal abrasion bleeding injury to left cheek and multiple fractures.
NC: 2024:KHC:490 MFA No. 2565 of 2019
fact, a compensation of Rs.75,000/- is awarded under the head pain and suffering as against Rs.70,000/- awarded by the tribunal.
he was lathe machine operator, the same is considered.
The functional disability of the claimant at 20% is taken into consideration. According to the age of the claimant,
appropriate multiplier applicable is “14”. Therefore, the compensation under the head loss of future earning capacity due to disability is re-calculated and quantified as follows:
Rs.9,000/- x 20% x 14 x 12 = Rs.3,02,400/-
Accordingly, the compensation of Rs.3,02,400/- is awarded under the head loss of future earning capacity due to disability.
awarded under the head incidental expenses such as food, nourishment, attendant charges, conveyance etc.
Tribunal under the head medical expenses is as per the actual bills produced, which needs no interference. Hence, it is kept in tact.
total compensation as follows:
| Pain and sufferings | Rs.75,000/- |
|---|---|
| Loss of future income | Rs.3,02,400/- |
| Medical expenses | Rs.1,18,834/- |
| Loss of income during laid up period |
Rs.36,000/- |
| Towards conveyance, attendant charges and food and nourishment |
Rs.50,000/- |
| Loss of amenities | Rs.50,000/- |
| Total | Rs.6,32,234/- |
Rs.3,71,794/-, but the appellant/claimant is entitled to total compensation of Rs.6,32,234/- . Hence, the appellant/claimant is entitled to enhanced compensation of
Rs.2,60,440/- (Rs.6,32,234/Rs.3,71,794/-).
Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.2,60,440/- along with interest at the rate of 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by the Tribunal.
ORDER
ii. The impugned judgment and award dated 11.12.2018 in MVC.No.1097/2015 passed by the II Additional Senior Civil Judge and Additional Motor Accident Claim Tribunal-8 at Shivamogga, is modified to the extent that the appellant/claimant is entitled to enhanced compensation of Rs.2,60,440/- along with the rate of interest at 6% per annum from the date
of petition till the date of realization, in addition
to what has been awarded by the Tribunal.
iii. No order as to costs.
iv. Registry is directed to transmit the TCR along with copy of this order to the Tribunal forthwith.
Sd/JUDGE
SS
List No.: 2 Sl No.: 44
2 issues framed by the court
Whether the compensation awarded by the Motor Accident Claim Tribunal requires enhancement based on Medical Appraiser's disability percentage and claimant's lost earning capacity.
Whether the loss of amenities and lost income during the laid-up period warrants higher quantum than the Tribunal awarded.
M. Manikya
K. V. Sathisha
Devaraja
Sriram General Insurance Company Limited
Hanchate Sanjeevkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
