Partly allowed

Umesh Naik v. Prathap Hegde

Karnataka HC2 Apr 2024MFA/3417/2016

Case brief

AI extract

What is this about?

The appellant sought enhancement of compensation awarded by the Tribunal. The High Court recalculated loss of future earnings using the Legal Service Authority chart due to lack of proof of actual income, increased loss of amenities, and partially allowed the appeal, enhancing the compensation by Rs.43,000/-.

What did the court decide?

Enhanced compensation of Rs.43,000/- with 6% interest from date of claim petition till realization.

Umesh Naik Vs Prathap Hegde — Motor Accident Claims | Karnataka HC (2024)

¶1

NC: 2024:KHC:13522 MFA No. 3417 of 2016

¶2

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 2^ND DAY OF APRIL, 2024

¶5

BEFORE

¶6

THE HON'BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL NO.3417 OF 2016(MV-I)

¶7

BETWEEN:

¶8

UMESH NAIK S/O DUGGA NAIK, AGED ABOUT 26 YEARS, R/A AMBARAMAKKI, NANCHARA VILLAGE, UDUPI TALUK-576 101.

¶9

…APPELLANT

¶10

(BY SRI. MAHESH SHETTY., ADVOCATE)

¶11

AND:

¶12

PRATHAP HEGDE S/O SHEKARA HEGDE, R/O MARALLI, NALKOOR VILLAGE, UDUPI TALUK-576 101.

¶13

Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

¶14

RELIANCE INSURANCE CO.LTD., MAXIMUS COMMERCIAL COMPLEX, 4^TH FLOOR, LIGHT HOUSE HILL ROAD, HAMPANAKATTA, MANGALORE.

¶15

…RESPONDENTS

¶16

(NOTICE TO R1-DISPENSED WITH V/O DATED:20.11.2023; BY SRI. H.S.LINGARAJ., ADVOCATE FOR R2)

¶17

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:24.11.2015

¶18

2 - NC: 2024:KHC:13522 MFA No. 3417 of 2016

¶19

PASSED IN MVC NO.208/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, MEMBER, ADDITIONAL MACT, KUNDAPURA.

¶20

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

¶21

JUDGMENT

¶22

Sri.Mahesh Shetty., learned counsel for the appellant and Sri.H.S.Lingaraj., learned counsel for respondent No.2 have appeared in person

¶23

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

¶24

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

¶25

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.

¶26

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

¶27

3 - NC: 2024:KHC:13522 MFA No. 3417 of 2016

¶28

The Claimant's appeal is one for enhancement of compensation. 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.

¶29

The compensation of Rs.45,000/- (Rupees Forty Five Thousand only) towards Pain and Sufferings, Rs.66,670/(Rupees Sixty Six Thousand Six Hundred and Seventy only) towards medical expenses and Rs.32,500/- (Rupees Thirty Two Thousand Five Hundred only) towards loss of income during laid up period remains intact.

¶30

It is noticed that the Tribunal has awarded Rs.1,40,400/(Rupees One Lakh Forty Thousand Four Hundred only) towards loss of future income due to disability. It is contended that the claimant was working as Mason and was earning Rs.18,000/(Rupees Eighteen Thousand only) per month. 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

¶31

4 - NC: 2024:KHC:13522 MFA No. 3417 of 2016

¶32

in the year 2014, the salary of the injured must be taken as Rs.8,500/- (Rupees Eight Thousand Five Hundred only) per month. The age of the claimant was 26 years as on the date of accident, hence the multiplier 17 is to be adopted.

¶33

At the time of calculation, the disability is assessed at 10%. Hence, the amount towards loss of future earning capacity due to disability is calculated as under:

¶34

Rs.8,500/- X 12 X 17 X 10/100 = Rs.1,73,400/-.

¶35

This Court deems it appropriate to award Rs.30,000/(Rupees Thirty Thousand only) towards loss of amenities as against Rs.20,000/- (Rupees Twenty Thousand only).

¶36

The compensation of Rs.10,000/- (Rupees Ten Thousand only) awarded by the Tribunal towards future medical expenses remains intact.

¶37

Accordingly, this Court re-determines the

¶38

compensation as under:-

¶39

5 - NC: 2024:KHC:13522 MFA No. 3417 of 2016

¶40

1.	Pain and Sufferings	45,000	Rs.45,000/-
2.	Medical Expenses	66,670	Rs.66,670/-
3.	Loss of income during laid up period	32,500	Rs.32,500/-
4.	Loss of future income due to disability 8,500 x 12 x 17 x 10/100	1,73,400	Rs.1,73,400/-
5.	Loss of amenities	20,000+ 10,000	Rs.30,000/-
6.	Future medical expenses	10,000	Rs.10,000/-
		Total:	Rs.3,57,570/-
	(Less) Compensation	awarded by the Tribunal:	-Rs.3,14,570/-
	Enhanced compensa	tion awarded by this Court:	Rs.43,000/-

¶41

Hence, the following:

¶42

ORDER

¶43

1. The Miscellaneous First appeal is allowed and the Judgment dated:24.11.2015 passed by the Court of Senior Civil Judge and Addl. MACT, Kundapura in M.V.C No.208/2014 is modified to the extent stated hereinabove.

¶44

6 - NC: 2024:KHC:13522 MFA No. 3417 of 2016

¶45

The claimant is entitled for the enhanced

¶46

compensation of Rs.43,000/- (Rupees Forty Three Thousand only) with interest at the rate of 6% per annum from the date of the claim petition till the date of realization.

¶47

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.

¶48

The Registry to draw the modified award

¶49

accordingly.

¶50

Office is directed to transmit the original

¶51

records to the concerned Tribunal forthwith.

¶52

Sd/JUDGE

¶53

TKN

¶54

List No.: 1 Sl No.: 7.1

Umesh Naik v. Prathap Hegde

Case brief

What is this about?

What did the court decide?

Umesh Naik v. Prathap Hegde

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Raghavendra Vs C K Bhavani

Smt Rajamma @ Rachamma Vs Jitendra Singh

Mrs. Dulsin Monteiro Vs Mr. Mohammed Altaf Usman

Krishna Naik Vs Prathap Hegde

K Shankaranarayana Vs Ravindra K

H.K.Shivegowda Vs Smt.Gangamma