Allowed

Smt Kanthamma v. M C Mallesha

Karnataka HC27 Mar 2024MFA/335/2016

Case brief

AI extract

What is this about?

The High Court allowed the Miscellaneous First Appeal filed for enhancement of compensation in a motor vehicle accident case. The Court modified the Tribunal's award by increasing amounts for pain and suffering, loss of earning during treatment, loss of future earning capacity, and conveyance charges, totaling an enhancement of Rs. 1,06,200/-.

What did the court decide?

An enhancement in compensation of Rs. 1,06,200/- with 6% interest awarded; the insurance company directed to deposit the amount.

Smt Kanthamma Vs M C Mallesha — Execution and Attachment | Karnataka HC (2024)

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NC: 2024:KHC:12761 MFA No. 335 of 2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI

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MISCELLANEOUS FIRST APPEAL NO.335 OF 2016 (MV-I)

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BETWEEN:

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SMT. KANTHAMMA W/O KALEGOWDA, AGED 45 YEARS, R/O KADA HEMMIGE VILLAGE, K.R.PETE TALUK, AND NOW R/AT SRI. MARUTHI NILAYA, 3^RD MAIN ROAD, 7^TH CROSS, SHANTHINAGAR, HASSAN-571 408.

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…APPELLANT

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(BY SRI. R.PRAMOD., ADVOCATE)

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AND:

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M.C.MALLESHA S/O SAKUNIGOWDA, HOUSE NO.7, MAVANURU VILLAGE, HALEKOTE HOBLI, Digitally signed by THEJASKUMAR N HOLENARASIPURA TALUK, Location: HIGH HASSAN DISTRICT-571 408. COURT OF KARNATAKA

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THE BAJAJ ALLIANZ INSURANCE CO. LTD., B.E.PLAZA AIRPORT, YAREWADA, PUNE-410 006, REP. BY BAJAJ ALLIANZ INSURANCE COMPANY LIMITED, BRANCH OFFICE, 2^ND FLOOR, LAKSHMI COMPLEX, OPP. B.S.N.L. BHAVAN, B.M.ROAD, HASSAN-571 408. …RESPONDENTS

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(NOTICE TO R1-DISPENSED WITH V/O DATED:20.07.2021; BY SRI. D.VIJAYAKUMAR., ADVOCATE FOR R2)

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NC: 2024:KHC:12761 MFA No. 335 of 2016

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:01.07.2015 PASSED IN MVC NO.2222/2009 ON THE FILE OF THE II ADDITIONAL DISTRICT & SESSIONS JUDGE, ADDITIONAL MACT, HASSAN.

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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.D.Vijayakumar., learned counsel for respondent No.2 have appeared in person.

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Though the appeal is listed today for admission, it is heard finally.

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

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Learned counsel for the respective parties have urged several contentions. 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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3 - NC: 2024:KHC:12761 MFA No. 335 of 2016

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The point that would arise for consideration is whether the Claimant is entitled for enhanced compensation.

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The Claimant's appeal is one for enhancement of compensation and modification of the judgment. 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.30,000/(Rupees Thirty Thousand only).

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The compensation of Rs.6,829/- (Rupees Six Thousand Eight Hundred and Twenty Nine only) awarded towards Medical expenses awarded by the Tribunal remains intact.

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This Court deems it appropriate to award Rs.15,000/(Rupees Fifteen Thousand only) towards Loss of earning during treatment as against Rs.1,200/- (Rupees One Thousand Two Hundred only).

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It is noticed that the Tribunal has awarded compensation of Rs.1,02,600/- (Rupees One Lakh Two Thousand Six Hundred

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4 - NC: 2024:KHC:12761 MFA No. 335 of 2016

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only) towards Loss of future earning capacity. It is contended that the claimant was earning Rs.8,000/- (Rupees Eight Thousand only) per month by doing agricultural occupation. However, 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 2009, the salary of the injured must be taken as Rs.5,000/- (Rupees Five Thousand only) per month. The age of the claimant was 38 years as on the date of accident, hence the multiplier 15 is to be adopted.

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At the time of calculation, the disability is assessed at 19%. Hence, the amount towards loss of future earning capacity due to disability is calculated as under:

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Rs.5,000/- X 12 X 15 X 19/100 = Rs.1,71,000/-.

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Similarly, this Court deems it appropriate to award Rs.10,000/- (Rupees Ten Thousand only) towards conveyance, nourishment and attendant charges as against Rs.6,000/(Rupees Six Thousand only).

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Accordingly, this Court re-determines the

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compensation as under:-

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5 - NC: 2024:KHC:12761 MFA No. 335 of 2016

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1.	Pain and Sufferings	30,000+ 20,000	Rs.50,000/-
2.	Medical Expenses	6,829	Rs.6,829/-
3.	Loss of earning during treatment	5,000 X 3	Rs.15,000/-
4.	Loss of future earning capacity 5,000 x 12 x 15 x 19/100	1,71,000	Rs.1,71,000/-
5.	Conveyance, nourishment and attendant charges	6,000 +4,000	Rs.10,000/-
		Total:	Rs.2,52,829/-
	(Less) Compensation	awarded by the Tribunal:	-Rs.1,46,629/-
	Enhanced compensa	tion awarded by this Court:	Rs.1,06,200/-

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8. Hence, the following:

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ORDER

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The Miscellaneous First appeal is allowed and the Judgment dated:01.07.2015 passed by the Court of II Addl. District & Sessions Judge & Addl. M.A.C.T, Hassan in M.V.C No.2222/2009 is modified to the extent stated hereinabove.

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NC: 2024:KHC:12761 MFA No. 335 of 2016

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The claimant is entitled for the enhanced

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compensation of Rs.1,06,200/- (Rupees One Lakh Six Thousand Two Hundred only) with 6% interest per annum from the date of the claim petition till the date of realization.

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The second respondent Insurance Company shall 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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The Registry to draw the modified award accordingly.

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Sd/JUDGE

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TKN List No.: 1 Sl No.: 22

Smt Kanthamma v. M C Mallesha

Case brief

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Smt Kanthamma v. M C Mallesha

Case brief

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