Basavaraju vs Basavaraju on 31 January, 2020

[Cites 1, Cited by 0]

Karnataka High Court

Basavaraju vs Basavaraju on 31 January, 2020

Bench: N.S.Sanjay Gowda

                             1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 31ST DAY OF JANUARY, 2020

                         BEFORE

   THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

                M.F.A. NO.7785 OF 2017


BETWEEN:

Basavaraju, S/o. late Veeranna
Aged about 38 years
R/at. Channigana Hosahalli village
Virupakshipura Hobli
Hamlet of Aralalusandra & Post
Channapatna Taluk,
Ramanagara District - 562 160.
                                      ...Appellant

(By Sri. Shantharaj K., Advocate)

AND:

  1. Basavaraju
     S/o. Boregowda
     Aged about 45 years
     R/at Doddamalur
     Village & Post
     Malur Hobli
     Channapatna Taluk
     Ramanagara district - 562 160.

  2. ICICI Lombard General
     Insurance Company Ltd.
     Represented by its Manager
     No.89, SVR Complex
                              2




     2nd Floor, Hosur Road
     Madivala
     Bangalore - 560 068.
                                         ...Respondents

(By Sri.A.M.Venkatesh for R.2;
 Notice to R.1 dispensed with.)

      This Miscellaneous First Appeal is filed under Section
173(1) of MV Act, against the Judgment and Award
Dated:22.12.2016 passed in MVC No.166/2014 on the file
of the Senior Civil Judge & JMFC, Addl. MACT,
Channapatna, Ramanagar District, partly allowing the
claim petition for compensation and seeking enhancement
of compensation.

      This Miscellaneous First Appeal coming        on   for
hearing this day, the Court made the following:

                        JUDGMENT

This appeal is filed against the judgment and award dated 22/12/2016 passed in MVC No.166/2014 by the Senior Civil Judge and Addl. M.A.C.T, Channapattana.

2. The brief facts of the case are that on 10/01/2012 at about 5.00 p.m. when the appellant/ claimant was a pillion rider in a motor cycle bearing Regn. No.KA-42-H-3889 and was proceeding towards Aralalusandra side from Channapattna, an autorickshaw bearing No.KA-42/6838 driven by its driver in a rash and 3 negligent manner so as to endanger human life, hit the motor cycle from back side. As a result, the appellant/ claimant sustained grievous injuries. A claim petition claiming compensation of Rs.12,00,000/- was filed.

3. The Tribunal on consideration of the evidence on record has awarded a compensation of Rs.2,23,000/-on the following heads;

   Heads of Compensation                Amount

   Pain & Sufferings                        40,000/-

   Loss of amenities and happiness          25,000/-

   Loss of earning                          15,000/-

   Medical and incidental charges           15,000/-

   Loss of future earning due to        1,08,000/-
   Permanent disability
   Future medical expenses                  20,000/-

              Total                     2,23,000/-

While arriving at the said sum, the Tribunal has assessed permanent disability at 12% and determined the monthly income at Rs.5,000/- per month.

3. The accident is of the year 2012. The notional income determined by the Karnataka Legal Services Authority for the motor vehicle accident in the year is Rs.7,000/- as against Rs.5,000/- determined by the Tribunal.

4. The Tribunal has chosen to reduce the disability from 20.5% as opined by the doctor to 12% on the ground that it appears to be excessive. In my view, the interest of justice would be met if the disability to the whole body is taken as 15% instead of 12%.

5. As a consequence, the appellant/claimant is entitled to compensation of Rs.1,89,000/- (1050 x 12 x

15) on the head loss of future income.

6. In my view, the sums awarded towards pain and suffering, loss of earning are required to be marginally increased to Rs.50,000/- and Rs.21,000/- respectively. 5

7. The sums awarded under other heads do not call for interference and the same were maintained.

8. Thus, the compensation awarded under different heads are as follows;

    Heads of Compensation                        Amount

    Pain & Sufferings                             50,000/-

    Loss of amenities and happiness               25,000/-

    Loss of earning                               21,000/-

    Medical and incidental charges                15,000/-

    Loss of future earning due to                1,89,000/-
    Permanent disability
    Future medical expenses                       20,000/-

                Total                            3,20,000/-



      9. The appeal is allowed in part.             The claimant is

entitled for    compensation of Rs.3,20,000/- as against a

sum    of      Rs.2,23,000/-.      The    enhanced      amount   of

Rs.97,000/- carries          interest    at 6%    from the date of

petition till realization.
                              6

The insurance company is directed to deposit the compensation amount including enhanced compensation together with interest at 6% per annum from the date of petition till its deposit.

Sd/-

JUDGE Msu

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