SRI SURENDRA B v. SRI KRISHNA KUMAR S & Ors.

S/O LATE SHANKAR PATALI AGED ABOUT 46 YEARS R/AT BETTAMPADI HOUSE SHRI RAMANAGAR SULLIA TALUK, D.K. …APPELLANT

THE SHRI RAM GENERAL INSURANCE CO.LTD. BRANCH OFFICE: 10003-E-S RIICO INDUSTRIAL AREA, SITAPURA JAIPUR RAJASTHAN-302022

SRI HARISH SHENOY S/O RAVINDRA SHENOY AGED ABOUT 54 YEARS - 2 - NC: 2025:KHC:44850 MFA No. 4940 of 2020 HC-KAR R/AT DEEPAK HOUSE MELKAR, PANE MANGALORE VILLAGE, BANTWAL TALUK, D K

THE MANAGER NATIONAL INSURANCE CO. LTD. BRANCH OFFICE: 1ST FLOOR SHRI KSHETHRA DHARMASTHALA BUILDING MAIN ROAD, PUTTUR TALUK, D.K

SRI JAIDEEP KUTINHA S/O DENNIS GERMI KUTINHA AGED ABOUT 43 YEARS R/AT FLAT NO.203, 2ND FLOOR SRINIDHI APARTMENTS, J B LOBO LANE KOTTARA CHOWKI, MANGALORE, D.K

THE NEW INDIA ASSURANCE CO.LTD. BRANCH OFFICE: CITY BR II RAM BHAVAN COMPLEX 3RD FLOOR, MANGALORE, D.K …RESPONDENTS (BY SRI.B.C.SHIVANNE GOWDA, ADVOCATE FOR R2; V/O DTD: 24.07.2025 NOTICE TO R4 TO R6 IS DISPENSED; R1 & R3 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 08.08.2019, PASSED IN MVC NO.1623/2015, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AND MEMBER MACT, PUTTUR, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA - 3 - NC: 2025:KHC:44850 MFA No. 4940 of 2020 HC-KAR ORAL JUGMENT

This appeal is filed by the claimant being aggrieved by the judgment and award dated 8th August 2019, passed by the Additional Senior Civil Judge & JMFC & Member, MACT, Puttur, D.K., (for short `Tribunal'), in MVC No.1623/2015, seeking enhancement of compensation.

2. This matter is listed for hearing on Interlocutory application. With the consent of the learned counsels for both the parties, it is taken up for final disposal.

3. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

4. Brief facts of the case are that, on 18.05.2015 at about 3.30 p.m., the claimant while proceeding in a tipper lorry bearing Registration No.KA-19-A-6068 met with an accident and sustained grievous injuries. He treatment and has suffered disability. With these reasons, the claimant has prayed for awarding compensation. - 4 - NC: 2025:KHC:44850 MFA No. 4940 of 2020 HC-KAR

5. Respondent Nos.1, 3 and 5 are owners of the respective vehicles. Respondent Nos.2, 4 and 6 are the insurers. Respondents-insurers appeared before Tribunal and filed their written statements. Respondent No.2 in its written statement denied the contentions of the claim petitioner and denied liability to pay compensation. With these reasons, prayed to dismiss the claim petition.

6. From the rival contentions of the parties, the Tribunal framed necessary issues, for its determination. MVC No.1623/2015 was clubbed with MVC No.1622/2015 and the Tribunal has recorded common evidences in respect of both the cases.

The Tribunal after hearing both parties and appreciating the evidence on record, held that the accident occurred due to negligence of driver of the tipper lorry bearing Registration No.KA-19-A-6068. The Tribunal assessed the injury sustained by the claimant; his income; - 5 - NC: 2025:KHC:44850 MFA No. 4940 of 2020 HC-KAR disability at 7% to the whole body; and multiplier etc and awarded following amount of compensation: Particulars Pain and sufferings Medical expenses Food, nourishment, conveyance and attendant charges Loss of amenities Loss of future income Future medical expenses Amount (Rs.) 55,000 83,500 4,000 15,000 74,000 30,000 Total 2,61,500

Heard the arguments of learned counsel appearing for the claimant as well as the insurer.

Fact of the accident and the involvement of the offending vehicle in the accident are not in dispute.

On the re-consideration of the materials available on the record, the amount of compensation awarded towards special diet, conveyance charges and attendant charges - 6 - NC: 2025:KHC:44850 MFA No. 4940 of 2020 HC-KAR and loss of amenities are on the lower side. The Tribunal has taken the income as Rs.8,000/-, though claimant has contended that he was earning Rs.19,000/- per month. Following the chart prepared by the Karnataka State Legal Services Authority, income of the claimant is taken as Rs.9,000/- per month.

Considering all these facts, claimant is entitled to enhancement of global compensation of Rs.30,000/- along with interest on the said amount at the rate of 6% per annum from the date of claim until its realization and respondent No.2 is liable to pay the same.