The High Court
Case Details
- 1 - NC: 2025:KHC:4230 MFA No. 4670 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 4670 OF 2020 (MV-I) BETWEEN: …APPELLANT HUCHARAYAPPA @ HUCHAPPA S/O SIDDAPPA @ SANNASIDDAPPA @ MUNISIDDAPPA AGED ABOUT 42 YEARS OCC. AGRICULTURE AND HAMALI WORK R/A RAJABEEDI, BAGANAKATTI SHIKARIPURA TALUK SHIMOGGA DISTRICT-577 427 (BY SRI. G.J. SUNKAPUR, ADVOCATE) AND: 1. MANJA BOVI S/O CHOUDA BOVI MAJOR OCC. BUSINESS OWNER OF VEHICLE BOLERO BEARING NO. KA13/C-0012 R/O BANDUR BOVI COLONY JAVAGAL TALUK, ARASIKERE TALUK HASSAN DISTRICT-583125 2. THE LEGAL CLAIMS MANAGER THE RELIANCE GENERAL INSURANCE CO LTD OPP. HOTEL CHETANA . NO 44 BSC AVENUE , 2ND FLOOR AKKAMAHADEVI ROAD Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4230 MFA No. 4670 of 2020 P.J EXTENSION DAVANAGERE-577002 …RESPONDENTS
Legal Reasoning
(BY SRI. D. VIJAYAKUMAR, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DT.04.07.2022) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.11.2019 PASSED IN MVC NO. 578/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, VI M.A.C.T., DAVANAGERE, 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 MR JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT This appeal is preferred by the appellant-claimant challenging the judgment and award dated 25.11.2019 passed in MVC.No.578/2018 on the file of II Additional Senior Civil Judge and VI MACT at Davanagere (for short ‘the tribunal’). This appeal is founded on the premise of inadequate and meager compensation awarded by the tribunal. - 3 - NC: 2025:KHC:4230 MFA No. 4670 of 2020 2. Parties to the appeal shall be referred to as per their status before the tribunal. 3. The tribunal has awarded total compensation of Rs.2,55,380/- with interest at 9% per annum, fixing the liability jointly against respondent Nos.1 and 2 and directed respondent No.2 to deposit the compensation within thirty days from the date of the order. Claimant being dissatisfied with the inadequate compensation is before this Court seeking enhancement. 4. It is the vehement contention of learned counsel for the appellant that the income of the appellant assessed by the tribunal is on the lower side and the compensation awarded under different heads is not in accordance with the materials on record. Therefore, he seeks to allow the appeal and consequently enhance the compensation. 5. Per contra, learned counsel representing the respondent – Insurance Company contends that the tribunal has awarded just and reasonable compensation - 4 - NC: 2025:KHC:4230 MFA No. 4670 of 2020 under all heads, in accordance with the material evidence, both oral and documentary and the same does not call for interference. 6. I have heard learned counsel for the appellant- claimant and learned counsel for the respondent-Insurance Company. The occurrence of the accident and involvement of the vehicle, injuries sustained due to the road traffic accident have been proved and established by production of Exs.P1 to P10. Negligence is rightly attributed against the driver of the offending vehicle. 7. Now coming to the question of age, avocation and income for computation of compensation. The age of the claimant as on the date of occurrence of the accident is 40 years, the multiplier is taken at '15', which does not call for interference. The Tribunal has taken the income on the basis of notional income at Rs.9,000/-. I am in agreement with the learned counsel for the claimant that the income requires to be enhanced to Rs.12,500/- in - 5 - NC: 2025:KHC:4230 MFA No. 4670 of 2020 consonance with the Legal Services Authorities Chart for the year 2018. 8. The claimant has got examined Doctor as PW.2, who opined the permanent physical disability to an extent of 30%. Whereas the Tribunal has taken the disability at 10%, which does not call for interference. Therefore, loss of future earning capacity would be Rs.2,25,000/- (Rs.12,500 x 12 x 15 x 10%) as against Rs.1,62,000/-. 9. Towards pain and suffering, Rs.50,000/- is awarded as against Rs.40,000/-. 10. Towards loss of amenities, Rs.25,000/- is awarded as against Rs.5,000/- awarded by the Tribunal. 11. Towards food, nourishment and conveyance charges Rs.5,000/- and towards medical expenses Rs.34,380/- is awarded. Same is retained. 12. Towards loss of income during laid up period, the tribunal has awarded Rs. 9,000/-. The claimant would require at-least three months period to recuperate and to - 6 - NC: 2025:KHC:4230 MFA No. 4670 of 2020 get back to his normal day to day activities. Therefore, the claimant would be entitled to Rs.37,500/- (Rs.12,500 x 3) under this head. 13. In view of the discussions made hereinabove, the appellant/claimant would be entitled to total compensation of Rs.3,76,880/- as against Rs.2,55,380/- as mentioned in the table below: Sl. No. Head of compensation Amount of compensation awarded 1 Loss of future earning capacity 2,25,000-00 2 Pain and suffering 3 Loss of amenities 4 Loss of income during laid-up period 5 Food, nourishment, attendant and conveyance charges 6 Medical expenses TOTAL 50,000-00 25,000-00 37,500-00 5,000-00 34,380-00 3,76,880-00 - 7 - NC: 2025:KHC:4230 MFA No. 4670 of 2020 i) ii) 14. Accordingly, I pass the following:
Decision
ORDER The appeal is allowed in part. The impugned Judgment & Award dated 25.11.2019 passed by the Court of II Additional Senior Civil Judge and VI MACT at Davanagere in MVC No.578/2018, is modified. iii) The appellant/claimant would be entitled to total compensation of Rs.3,76,880/- as against Rs.2,55,380/- awarded by the tribunal along with interest at 9% per annum. iv) The enhanced compensation amount shall be paid with interest at 6% per annum by the respondent - insurance company within a period of four weeks from the date of receipt of copy of this judgment. v) The compensation amount shall be released in favour of the appellant-claimant as per the terms of the tribunal by electronic transfer to the claimant upon furnishing the required bank details/upon proper identification. - 8 - NC: 2025:KHC:4230 MFA No. 4670 of 2020 vi) All other terms and conditions stipulated by the tribunal shall stand intact. vii) Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE AM List No.: 1 Sl No.: 2