Appeal against MACT order enhancing motor accident claim. Court rejected claimant's higher income proof, adopted Rs.15,000 monthly, and enhanced compensation by Rs.2,07,360 after recalculating loss of future earnings.
Compensation enhanced by Rs.2,07,360; deposit within eight weeks; withdrawn on deposit.
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 24TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.4325 OF 2024(MV-I)
BETWEEN:
T. MARANNA S/O THIPPESWAMY AGED ABOUT 35 YEARS, AGRICULTURIST AND DRIVER, R/O CHIKKAJAJUR VILLAGE , HOLALKERE TALUK, CHITRADURGA DISTRICT-577 526
…APPELLANT
(BY SRI. SHIVAKUMARAPPA T C., ADVOCATE)
AND:
Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA
1ST FLOOR, A.M. ARCADE, C.G. HOSPITAL ROAD, DAVANAGERE TOWN-577 004
…RESPONDENTS
(BY SRI. ASHOK N PATIL, ADVOCATE FOR R2; V/C/O DATED:19.08.2024, NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.03.2024 PASSED IN MVC NO.846/2022 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND ADDITIONAL MACT-III, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri.Shivakumarappa T.C, learned counsel for the appellant as well as Sri.Ashok N Patil, learned counsel for respondent No.2-Insurance Company.
NC: 2024:KHC:39562 MFA No. 4325 of 2024
claimant is before this Court seeking enhancement of compensation.
The undisputed facts of the case are as under:-
appellant contends that the appellant was earning Rs.30,000/- per month by the date of accident. Though
he projected the said view, the tribunal took the
notional income of the appellant as Rs.12,000/- per month which is erroneous. Learned counsel also states that the accident occurred in the year 2021. For the relevant period, the Karnataka State Legal Services Authority is taking the notional income as Rs.15,000/per month for settling the claims and atleast the said figure should have been considered by the tribunal. Learned counsel also contends that the amount awarded as compensation under all other heads is also low. Learned counsel thereby seeks for enhancement of compensation.
| Heads | Amount in Rs. |
|---|---|
| Notional monthly income | 15,000-00 |
| Annual income | 1,80,000-00 |
| Add 40% towards future prospects |
2,52,000-00 |
| Apply appropriate multiplier 16 |
40,32,000-00 |
| Loss of future earnings, permanent physical disability being 12% |
4,83,840-00 |
light of the discussion that went on supra , the amount which the appellant is entitled to under the head loss of future earnings is Rs.4,83,840/-. Thus, the appellant is entitled to a sum of Rs.2,07,360/-more. (Rs.4,83,840/-Rs.2,76,480/-). This Court does not find any other grounds to interfere with the impugned order.
Thus, the appeal is disposed of with the following:-
ORDER
ii. The compensation that is awarded by the Additional Motor Accidents Claims Tribunal III, Chitradurga through orders in M.V.C. No.846/2022 dated 30.03.2024 is enhanced by Rs.2,07,360/-.
iv. The 2nd respondent is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of copy of this order.
Sd/(DR.CHILLAKUR SUMALATHA) JUDGE
VS List No.: 1 Sl No.: 58
3 issues framed by the court
Whether the additional Motor Accidents Claims Tribunal erred in assessing the notional income and quantum of compensation for permanent physical disability.
Whether the claim for enhancement of compensation should be allowed based on the age and future prospects of the appellant.
The correct application of the multiplier and percentage of disability in calculating loss of future earnings.
1 provisions across 1 enactments
T. MARANNA
CHANDANA BHYRAPPA
ORIENTAL INSURANCE CO.LTD
CHILLAKUR SUMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
