Shankare Gowda Vs Reliance General Insurance Company Ltd.

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.08.2019 PASSED IN MVC NO.6452/2017 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER-MACT, BENGALURU (SCCH-5).

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

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CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

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ORAL JUDGMENT

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The claimant, being dissatisfied with the compensation of Rs.1,66,000/- awarded by the Tribunal in MVC No.6452/2017 vide judgment and award dated 20.08.2019, is in appeal.

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HC-KAR

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NC: 2026:KHC:37580 MFA No. 2836 of 2020

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CNR: KAHC010034402020

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The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute.

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The Tribunal, on assessment of evidence, has awarded the following sums as compensation:

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Sl. No.	Particulars	Amount in (Rs.)
1.	Towards treatment, hospitalization, medicines, transportation, nourishing food and miscellaneous expenditure	10,000
2.	Loss of earnings during period of treatment	8,000
3.	Loss of future earnings on account of permanent disability	88,000
4.	Pain and suffering	50,000
5.	Loss of amenities	10,000
	Total	1,66,000

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The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 7% to the whole body.

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HC-KAR

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NC: 2026:KHC:37580 MFA No. 2836 of 2020

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CNR: KAHC010034402020

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I have perused the evidence of the Doctor - PW.2 and the wound certificate. Since the doctor has assessed the disability at 10% and considering the nature of injuries suffered by the claimant, I deem it appropriate to take 10% disability to the whole body.

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The Tribunal has determined the monthly income, notionally at Rs.8,000/-. Since there is no credible documentary evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2017 would be Rs.11,000/-.

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As the claimant was aged 46 years, a multiplier of '13' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.1,71,600/- (Rs.11,000 x 12 x 13 x 10%) towards 'loss of future income'.

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As a consequence, the amount of Rs.8,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.33,000/- (Rs.11,000 X 3).

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5 - NC: 2026:KHC:37580 MFA No. 2836 of 2020

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HC-KAR

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CNR: KAHC010034402020

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Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.25,000/- towards loss of amenities, as against the sum of Rs.10,000/- awarded by the Tribunal.

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Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Conveyance, food and nourishment and medicines at Rs.15,000/- as against the sum of Rs.10,000/- awarded by the Tribunal.

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The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered.

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Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation:

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Sl. No.	Compensation under different Heads	As awarded by the Tribunal	As awarded by this Court
		(Rs.)	(Rs.)
1.	Towards treatment, hospitalization, medicines, transportation,nourishing	10,000	15,000

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HC-KAR

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NC: 2026:KHC:37580 MFA No. 2836 of 2020

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CNR: KAHC010034402020

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	food and miscellaneous expenditure
2.	Loss of earnings during period of treatment	8,000	33,000
3.	Loss of future earnings on account of permanent disability	88,000	1,71,600
4.	Pain and suffering	50,000	50,000
5.	Loss of amenities	10,000	25,000
6.	Total	1,66,000	2,94,600

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Thus, the claimant is held entitled to the total compensation of Rs.2,94,600/- as against Rs.1,66,000/-, along with interest at the rate of 6% per annum from the date of petition till its realization.

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The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment.

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