Partly allowed

Sri M Balaji v. Sri B P Rajendra

Karnataka HC15 Oct 2024MFA/7424/2018

Case brief

AI extract

What is this about?

The single judge enhaceed the compensation awarded in a motor vehicle accident claim. The court modified the Tribunal's award by increasing the notional income used for future loss of earnings calculation, enhancing compensation for pain and suffering, and adding an award for loss of amenities.

What did the court decide?

Total compensation enhanced to Rs.5,71,110 with 6% interest; Insurance Company directed to deposit within two months.

Sri M Balaji Vs Sri B P Rajendra — Consumer Protection | Karnataka HC (2024)

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1 - NC: 2024:KHC:41546 MFA No. 7424 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF OCTOBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA MISCELLANEOUS FIRST APPEAL NO. 7424 OF 2018

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(MV-I)

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BETWEEN:

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SRI M BALAJI S/O MUNIVENKATAPPA AGED ABOUT 23 YEARS, R/A BYATARAYANA HALLI BETHAMANGALA POST BANGARPET TQ, KOLAR DISTRICT.

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…APPELLANT

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(BY SRI. SUGUNA R REDDY., ADVOCATE)

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AND:

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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SRI B P RAJENDRA S/O PAPAIAH, MAJOR IN AGE R/A BYATARAYANAHALLI BETHAMANGALA POST BANGARPET TQ, KOLAR DISTRICT.

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THE BRANCH MANAGER NATIONAL INSURANCE CO LTD BINDU, DOOM LIGHT CIRCLE KOLAR CITY AND DISTRICT

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…RESPONDENTS

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(BY SRI. A.N.KRISHNA SWAMY., ADVOCATE FOR R-2; R-1 IS SERVED AND UNREPRESENTED)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03/02/2018, PASSED IN MVC NO.157/2014, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & CHIEF JUDICIAL MAGISTRATE AND MACT, KOLAR, PARTLY ALLOWING THE CLAIM PETITION FOR

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2 - NC: 2024:KHC:41546 MFA No. 7424 of 2018

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COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

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ORAL JUDGMENT

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Being dissatisfied with the award of compensation of

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Rs.2,91,510/-, the claimant is in this appeal seeking enhancement.

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The occurrence of the accident and the liability of the Insurer to pay the compensation is not in dispute.

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The doctor who has examined has opined that the claimant has suffered the disability to the extent of 17% to the whole body and this has been accepted by the Tribunal.

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The Tribunal has taken the notional income of the claimant as Rs.3,000/-. The claimant was aged 19 years when he met with an accident and it was stated that he was studying Diploma at SKH, ITI of Bethamangala and he

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3 - NC: 2024:KHC:41546 MFA No. 7424 of 2018

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was assisting his father and earning a sum of Rs.5,000/per month. The accident is of the year 2013, having regard to the fact that the claimant was aged 19 years and was undergoing a Diploma, it would be appropriate to take the notional income at Rs.8,000/- determined by the Karnataka State Legal Services Authority, even though the claimant had contended that he was earning a sum of Rs.5,000/- per month. It is to be stated here that the Karnataka State Legal Services Authority has determined the notional income on the basis of several parameters and having regard to the fact that the claimant was studying to secure Diploma, it would be appropriate to adopt the said income. Consequently, the claimant would be entitled to a sum of Rs.2,93,760/- (Rs.8,000/- X 12 X 18 X 17%) towards loss of future earnings.

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The Tribunal has awarded a sum of Rs.40,000/towards pain and sufferings and has not awarded a sums towards loss of amenities. In my view, having regard to the fact that the claimant has undergone multiple

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4 - NC: 2024:KHC:41546 MFA No. 7424 of 2018

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surgeries and was hospitalized for more than one occasion, it would be appropriate to enhance the said sums to Rs.60,000/- and award a sum of Rs.50,000/towards loss of amenities and claimant has awarded a sum of Rs.1,21,350/- towards medical expenses, which is just and proper and is affirmed.

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The Tribunal has awarded a sum of Rs.20,000/towards food, nourishment, conveyance and attendant charges, since the claimant was hospitalized for more than 24 days, it would be appropriate to enhance the said sum to Rs.30,000/-. The Tribunal has not awarded any sums towards ‘loss of earnings during the laid-up period’. In my view, having regard to the injuries, it would be appropriate to take the laid-up period as 2 months and award a sum of Rs.16,000/- (Rs.8,000/- X 2 months) towards loss of earnings during the laid-up period.

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Consequently, the award of the Tribunal is modified and the following sums are awarded as compensation:

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5 - NC: 2024:KHC:41546 MFA No. 7424 of 2018

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Sl. No.	Compensation under different Heads	As awarded by the Tribunal (Rs.)	As awarded by this Court (Rs.)
1.	Pain and suffering	40,000/-	60,000/-
2.	Medical expenses	1,21,350/-	1,21,350/-
3.	Food, nourishment, conveyance and attendant charges	20,000/-	30,000/-
4.	Future loss of income	1,10,160/-	2,93,760/-
5.	Loss of amenities in life	Nil	50,000/-
6.	Loss of income during laid up period	Nil	16,000/-
	Total	2,91,510/-	5,71,110/-

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Accordingly, the claimant is held entitled for

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compensation of Rs.5,71,110/- as against Rs.2,91,510/along with interest at the rate of 6% p.a. from the date of petition till its realisation.

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NC: 2024:KHC:41546 MFA No. 7424 of 2018

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The Insurance Company is directed to deposit the

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amount of compensation awarded within two months from the date of receipt of a certified copy of this judgment.

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This appeal is accordingly allowed in part.

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Sd/(N S SANJAY GOWDA) JUDGE

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GSR

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List No.: 1 Sl No.: 15

Sri M Balaji v. Sri B P Rajendra

Case brief

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Sri M Balaji v. Sri B P Rajendra

Case brief

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