Allowed

Krishna Naik v. Prathap Hegde

Karnataka HC2 Apr 2024MFA/3418/2016

Case brief

AI extract

What is this about?

This Miscellaneous First Appeal challenged the quantum of compensation awarded in a motor vehicle accident case. The Court recalculated loss of future earning capacity using statutory guidelines and enhanced loss of amenities, granting an additional Rs. 43,000 to the claimant.

What did the court decide?

Enhanced compensation of Rs. 43,000 ordered with 6% interest from the date of claim till realization.

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

¶1

¶2

NC: 2024:KHC:13522 MFA No. 3418 of 2016

¶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

¶7

MISCELLANEOUS FIRST APPEAL NO.3418 OF 2016(MV-I)

¶8

BETWEEN:

¶9

KRISHNA NAIK S/O DEVANNA NAIK, AGED ABOUT 26 YEARS, R/A HEBSHINAKODLU, NANCHARA VILLAGE, UDUPI TALUK-576 234.

¶10

…APPELLANT

¶11

(BY SRI. MAHESH SHETTY., ADVOCATE)

¶12

AND:

¶13

PRATHAP HEGDE S/O SHEKARA HEGDE,

¶14

R/O MARALLI, NALKOOR VILLAGE, UDUPI TALUK-576 234.

¶15

Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

¶16

RELIANCE INSURANCE CO.LTD., MAXIMUS COMMERCIAL COMPLEX, 4^TH FLOOR, LIGHT HOUSE HILL ROAD, HAMPANAKATTA, MANGALORE-575 001.

¶17

…RESPONDENTS

¶18

(NOTICE TO R1-DISPENSED WITH V/O DATED:23.11.2023; BY SRI. H.S.LINGARAJ., ADVOCATE FOR R2)

¶19

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 PASSED IN MVC NO.210/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, MEMBER, ADDITIONAL MACT, KUNDAPURA.

¶20

¶21

NC: 2024:KHC:13522 MFA No. 3418 of 2016

¶22

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

¶23

JUDGMENT

¶24

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

¶25

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

¶26

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

¶27

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.

¶28

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

¶29

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.

¶30

3 - NC: 2024:KHC:13522 MFA No. 3418 of 2016

¶31

The compensation of Rs.45,000/- (Rupees Forty Five Thousand only) towards Pain and Sufferings, Rs.70,490/(Rupees Seventy Thousand Four Hundred and Ninety only) towards medical expenses and Rs.39,000/- (Rupees Thirty Nine Thousand only) towards loss of income during laid up period remains intact.

¶32

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. 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 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

¶36

NC: 2024:KHC:13522 MFA No. 3418 of 2016

¶37

This Court deems it appropriate to award Rs.30,000/(Rupees Thirty Thousand only) towards loss of amenities as against Rs.24,000/- (Rupees Twenty Four Thousand only).

¶38

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

¶39

Accordingly, this Court re-determines the

¶40

compensation as under:-

¶41

1.	Pain and Sufferings	45,000	Rs.45,000/-
2.	Medical Expenses	70,490	Rs.70,490/-
3.	Loss of income during laid up period	39,000	Rs.39,000/-
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	24,000+ 6,000	Rs.30,000/-
6.	Future medical expenses	10,000	Rs.10,000/-
		Total:	Rs.3,67,890/-
	(Less) Compensation	awarded by the Tribunal:	-Rs.3,24,890/-
	Enhanced compensat	ion awarded by this Court:	Rs.43,000/-

¶42

Hence, the following:

¶43

5 - NC: 2024:KHC:13522 MFA No. 3418 of 2016

¶44

ORDER

¶45

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.210/2014 is modified to the extent stated hereinabove.

¶46

The claimant is entitled for the enhanced 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 accordingly.

¶49

6 - NC: 2024:KHC:13522 MFA No. 3418 of 2016

¶50

Office is directed to transmit the

¶51

original records to the concerned Tribunal

¶52

forthwith.

¶53

Sd/JUDGE

¶54

TKN List No.: 1 Sl No.: 7

Krishna Naik v. Prathap Hegde

Case brief

What is this about?

What did the court decide?

Krishna 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

Umesh Naik Vs Prathap Hegde

K Shankaranarayana Vs Ravindra K

H.K.Shivegowda Vs Smt.Gangamma