Sri Nanjappa Vs C D Mallikarjuna Urs

S/O M DEVARAJ URS, AGED ABOUT 55 YEARS, OWNER OF CAR NO.KA-18-N-6434, R/O MALTHESH SADANA, 4TH CROSS, BEHIND OLD RTO OFFICE, VIJAYANAGARA, KOTE, CHIKKAMAGALURU.

¶16

2 - NC: 2025:KHC:39576 MFA No. 7810 of 2022

¶17

HC-KAR

¶18

THE BRANCH MANAGER

¶19

M/S NATIONAL INSURANCE COMPANY LTD., YASHORAM BUILDING, R G ROAD,

¶20

CHIKKAMAGALURU - 577 101

¶21

POLICY NO.6049013118114198421

¶22

VALID FROM 26-06-2018 TO 25-06-2019

¶23

…RESPONDENTS

¶24

(BY SRI. SHANKARA REDDY C, ADVOCATE FOR R2;

¶25

R1 - SERVED AND UNREPRESENTED)

¶26

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.03.2022 PASSED IN MVC NO.592/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, MEMBER, MACT, CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶27

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

¶28

CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA

¶29

3 - NC: 2025:KHC:39576 MFA No. 7810 of 2022

¶30

HC-KAR

¶31

ORAL JUDGMENT

¶32

This appeal has been filed by the claimant in M.V.C No.592/2018 against the judgement and award dated 10.03.2022 passed by the Principal Senior Civil Judge and CJM, Chikkamagaluru.

¶33

With a consent of the learned counsel for both the parties matter is taken up for final disposal.

¶34

Claimant met with an accident on 26.08.2018 near M.G. Road at Chikkamagaluru due to rash and negligent driving of car bearing registration No.KA-18-N-6434 and he sustained grievous injuries which resulted in permanent disability. With these reasons he prayed to award a compensation of Rs.26,50,000/-.

¶35

Respondent/insurer denied the contention of the claimant and disputed its liability to pay the compensation.

¶36

Tribunal framed the necessary issues, recorded the evidence and after hearing both the parties awarded following amount as compensation.

¶37

4 - NC: 2025:KHC:39576 MFA No. 7810 of 2022

¶38

HC-KAR

¶39

Particulars	Amount in Rs.
Towards loss of future earnings	2,52,000.00
Towards pain and suffering	50,000.00
Towards loss of amenities	30,000.00
Towards attendant, nourishment and conveyance charges.	12,000.00
Towards medical expenses	40,000.00
Towards loss of income during laid up period and rest period	50,000.00
Towards future medical expenses	25,000.00
Total	4,59,000.00

¶40

The Tribunal assessed the income of the claimant

¶41

as Rs.10,000/- per month and awarded the compensation. The main grievance of the learned counsel for appellant is that the amount of compensation on the other heads are not adequate in addition to that income taken by the tribunal is much lower side.

¶42

It is contended that as per the petition averments claimant was earning Rs.30,000/- per month by working as a painting contractor, even if the tribunal has taken into

¶43

5 - NC: 2025:KHC:39576 MFA No. 7810 of 2022

¶44

HC-KAR

¶45

account the national income chart prepared by the Karnataka State Legal Services Authority it would be Rs.12,500/- per month. Therefore, the tribunal has not awarded a just amount as compensation.

¶46

The learned counsel for respondent No.2 supported the impugned judgment and submits that there are no reasons to interfere in the said findings.

¶47

The only dispute in this appeal is that the income of the claimant taken was not proper and hence there is no need to reconsider other facts of the case.

¶48

As rightly noted by the tribunal, claimant was unable to prove his income as Rs.30,000/- per month. Therefore, the tribunal assessed notional income as Rs.10,000/- per month. Undisputedly, the accident had taken place during the year 2018, following the national income chart prepared by the Karnataka State Legal Services Authority, the national income of the claimant is

¶49

6 - NC: 2025:KHC:39576 MFA No. 7810 of 2022

¶50

HC-KAR

¶51

taken as Rs.12,500/per month. On that basis

¶52

compensation requires recalculation.

¶53

On recalculation of compensation under the head loss of future earning capacity due to permanent disability as well as loss of income during laid up period, claimant is entitled to enhancement of Rs.63,000/- + Rs.12,500/-, total Rs.75,500/- in addition to whatever amount awarded by the tribunal. Claimant is also entitled to interest on said amount from the date of petition till its realization. Undisputedly, respondents are liable to pay the same.

¶54