SRI. Y. LAKSHMIKANT REDDY, ADVOCATE) v. B.D. ROAD, CHITRADURGA

(BY SRI. AKASH, ADVOCATE FOR SRI. Y. LAKSHMIKANT REDDY, ADVOCATE) …APPELLANT AND:

#1. SRI. UMESH MAHADEVAPPA BIJJANNANAVAR, S/O. MAHADEVAPPA BIJJANNANAVAR, AGED ABOUT 34 YEARS, DRIVER OF LORRY BEARING REG NO.KA-16/A-5417, R/O. HIRENNIHATTI VILLAGE, BYLAHONGALA TALUK, BELAGAVI DISTRICT. V/O. DATED 10.10.2025 R1 IS DECEASED APPEAL AGAINST R1 HAS ABATED GIRIJA A. BYAHATTI GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - NC: 2025:KHC-D:16410 MFA No. 104582 of 2018 HC-KAR

#2. RIYAJUDDIN S/O. SIRAJUDDIN, AGED ABOUT 48 YEARS, OWNER OF LORRY BEARING REG.NO.KA-16/A-5417, R/O. BADAMAKAN, HORAPET, CHITRADURGA TOWN, CHITRADURGA TALUK & DISTRICT.

#3. THE MANAGER, M/S. RELIANCE GENERAL INSURANCE COMPANY LIMITED, MAGANURU COMMERCIAL COMPLEX, NEAR BY KSRTC BUS STAND, B.D. ROAD, CHITRADURGA. …RESPONDENTS (BY SRI. G.N. RAICHUR, ADVOCATE FOR R3; APPEAL AGAISNT R1 DISMISSED AS ABATED; NOTICE TO R2 IS SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 16.01.2016 PASSED BY III MOTOR ACCIDENT CLAIMS TRIBUNAL, BALLARI IN MVC NO.497/2015 BY ENHANCING THE COMPENSATION OF RS.2,62,000/- TO RS. 10,00,000/- TO THE APPELLANT AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES IN THE INTEREST OF JUSTICE AND EQUTIY. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - NC: 2025:KHC-D:16410 MFA No. 104582 of 2018 HC-KAR ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri Akash who appears before this Court physically and represents Sri Y. Lakshmikant Reddy, learned counsel on record for the appellant. Also heard Sri G.N.Raichur, who appears through Video Conference and represents respondent No.3.

#2. Challenging the award that is passed by the Motor Accident Claims Tribunal-III, Ballari in MVC 497 of 2015 dated 16.01.2016, the claimant therein presented this appeal seeking enhancement in compensation.

#3. Arguing the matter, learned counsel for the appellant submits that the appellant as a tailor by profession was earning Rs.8,000/- per month as on the date of accident. However without any justification the tribunal took the notional income as Rs.5,000/- per month and thereby awarded very meager sum as compensation both under the heads ‘loss of future earnings’ and ‘loss of - 4 - NC: 2025:KHC-D:16410 MFA No. 104582 of 2018 HC-KAR earnings during laid up period’. Learned counsel thereby seeks for enhancement in compensation.

#4. Learned counsel for respondent No.3 states that the accident occurred in the year 2015 and considering the income that is taken by the High Court Legal Services Committee, Dharwad for settlement of claims for the said period, the appeal may be disposed of.

#5. As per the version of the appellant, she was earning Rs.8,000/- per month as on the date of accident as a tailor. The accident occurred in the year 2015. For the relevant period, even the High Court Legal Services Committee, Dharwad is taking the notional income as Rs.8,000/- per month. Therefore this Court considers desirable to take the notional income of the appellant as Rs.8,000/- per month as on the date of accident. Thus on taking the notional income as Rs.8,000/- per month and without disturbing other parameters i.e., application of appropriate multiplier ‘18’ and the disability in respect of - 5 - NC: 2025:KHC-D:16410 MFA No. 104582 of 2018 HC-KAR whole body as 15%, the compensation which the appellant is entitled to receive towards ‘loss of future earnings’ is Rs.2,59,200/- (8,000x12x18x15%).

#6. The tribunal granted a sum of Rs.1,62,000/- only towards ‘loss of future earnings’. Thus the enhancement will be Rs.97,200/-(Rs.2,59,200/- minus Rs.1,62,000/-).

#7. The appellant succeeded in establishing that she sustained two grievous injuries due to the accident and she took treatment as inpatient for 14 days. Having considered these aspects this Court is of the view that the appellant might not have attended her normal pursuits at least for a period of 4 months. Thus ‘loss of income during laid up period’ comes to Rs.32,000/-(8,000x4). However the tribunal granted a sum of Rs.10,000/- only towards ‘loss of earnings during treatment period’. Thus the enhancement will be Rs.22,000/-(Rs.32,000/- minus Rs.10,000/-).

#8. Therefore, it is clear that the appellant is entitled to an additional sum of Rs.1,19,200/- (Rs.97,200/- plus - 6 - NC: 2025:KHC-D:16410 MFA No. 104582 of 2018 HC-KAR Rs.22,000/-) as compensation. Therefore the appeal is disposed of with the following: (i) The appeal is allowed in part. ORDER (ii) The compensation that is granted by the Motor Accident Claims Tribunal-III, Ballari through orders in MVC No.497 of 2015 dated

16.01.2016 is enhanced by Rs.1,19,200/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit except for the period of delay of 979 days as per orders in IA No.1 of

#2019. (iv) Respondent No.3 is directed to deposit the enhanced sum within a period of 8 weeks from the date of receipt of certified copy of this judgment. (v) On such deposit, appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT: MCK List No.: 1 Sl No.: 23