Claimant appealed for enhancement of motor accident compensation. The court enhanced compensation under heads of pain and suffering, incidental expenses, and awarded loss of income due to disability using the Legal Services Authority chart and multiplier 7, but declined future medical expenses for lack of proof.
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: 2024:KHC:10334 MFA No. 2703 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.2703 OF 2015(MV-I)
BETWEEN:
SMT. RAJAMMA @ RACHAMMA W/O SIDDEGOWDA, AGED ABOUT 66 YEARS, SHEPHERD, R/O OLD HARIGE, VIDYANAGAR, SHIVAMOGA CITY.
…APPELLANT
(BY SRI. L.SHASHIKANTH., SRI. C.S.PREM KUMAR., ADVOCATES)
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
S/O VIJAYA SINGH, AGED ABOUT 22 YEARS, R/O OPP. BHAVANI FANCY STORES, SIDDAIAH ROAD, SHIVAMOGA CITY, (ONWER CUM RIDER OF MOTOR CYCLE BEARING NO KA-14-EE-2203).
…RESPONDENTS
(BY SRI.K.SURESH, ADVOCATE FOR R2; V/O DATED:14.10.2019 APPEAL AGAINST R1 IS DISMISSED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:27.10.2014 PASSED IN MVC NO.27/2014 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT-VII, SHIMOGA.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Sri.C.S.Prem Kumar., learned counsel for the appellant has appeared in person.
Sri.K.Suresh., learned counsel for respondent No.2 has appeared through video conferencing.
The amount of Rs.38,156/(Rupees Thirty Eight Thousand One Hundred and Fifty Six only) towards Medical expenses and Rs.20,000/- (Rupees Twenty Thousand only) towards loss of amenities in life remains intact.
It is noticed that the Tribunal has not awarded compensation towards loss of income due to disability. It is contended that the claimant is a shepherd. There is no proof of income. In the absence of any 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 2013, the salary of the injured must be taken as Rs.8,000/- (Rupees Eight Thousand only) per month. The age of the claimant was 65 years as on the date of accident, hence the multiplier 7 is to be adopted. It is said that the claimant has suffered total disability of 11%. Hence, the amount towards loss of income due to disability is calculated as under:
Rs.8,000/- X 12 X 7 X 11/100 = Rs.73,920/-.
This Court deems it appropriate to award Rs.15,000/(Rupees Fifteen Thousand only) towards incidental expenses as against Rs.13,500/- (Rupees Thirteen Thousand Five Hundred only).
It is contended that the claimant is entitled for compensation towards future medical expenses. Suffice it to note that the Tribunal extenso referred to the material on record and concluded that the claimant is not entitled for future medical expenses. The claimant has not produced any certificate to show that she requires future medical treatment nor she examined the doctor who treated her. Therefore, I
have no hesitation in holding that the claimant is not entitled
for compensation towards loss of future income.
compensation as under:-
| 1. | Pain and Suffering and mental agony |
30,000**+ 20,000** | Rs.50,000/- |
|---|---|---|---|
| 2. | Medical Expenses | 38,156 | Rs.38,156/- |
| 3. | Disability, loss of income and future prospects in life 8,000 X 12 X 7 X 11 |
73,920 | Rs.73,920/- |
| 4. | Loss of future amenities | 20,000 | Rs.20,000/- |
| 5. | Incidental expenses | 13,500**+** 1,500 | Rs.15,000/- |
| Total: | Rs.1,97,076/- | ||
| (Less) Compensatio | n awarded by the Tribunal: |
-Rs.1,01,700/- | |
| Enhanced compensa | tion awarded by this Court: |
Rs.95,376/- |
ORDER 1. The Miscellaneous First appeal is allowed and the Judgment dated:27.10.2014 passed by the Court of I Addl. Senior Civil Judge
NC: 2024:KHC:10334 MFA No. 2703 of 2015
and Addl. MACT-VII, Shimoga in M.V.C No.27/2014 is modified to the extent stated hereinabove.
accordingly.
Sd/JUDGE
TKN List No.: 1 Sl No.: 25
1 issue framed by the court
Whether the claimant was entitled to enhancement of compensation awarded by the Tribunal for injuries sustained in a motor vehicle accident?
1 provisions across 1 enactments
Smt. Rajamma @ Rachamma
Jitendra Sigh
The Oriental Insurance Company Ltd.
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
