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IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
R.DEVDAS, K.V. ARAVIND
Mahesh Parasharam Majagaonkar – Appellant
Versus
Shamarao Bhalachandra Khot, Since Died By His Lrs- Sharad, (S/o. Shamarao Khot) – Respondent
JUDGMENT :
(K.V. ARAVIND, J.)
Heard Sri Yash R. Nadakarni, learned counsel for Sri Vitthal S. Teli, learned counsel for the appellant-petitioner and Sri G.N. Raichur, learned counsel for respondent No.2.
2. The present appeal is filed by the appellant- petitioner, being aggrieved by the judgment and award dated 16.04.2015 passed in MVC No.1134/2013 on the file of the Court of the IV Additional District and Sessions Judge and Motor Accidents Claims Tribunal, Belagavi (hereinafter referred to as 'the Tribunal'). The appeal is directed against the quantum of compensation awarded and is filed seeking enhancement thereof.
3. The case of the appellant is that on 03.03.2013, at about 9:00 p.m., while he was proceeding from Peeranwadi towards his native village, Karle, on his Hero Honda motorcycle bearing Registration No.KA-22/W-8938, a TATA Ace Rickshaw bearing Registration No.KA-22/N-7109 came from the opposite direction in a rash and negligent manner and collided with his motorcycle. As a result of the said impact, the appellant sustained grievous injuries and was admitted as an inpatient at KLE Hospital, Belagavi, where he underwent surgery and incurred medical expenses exceeding Rs.2,50,0
Court held that absence of documentary evidence for income necessitates using notional income, whereas the insurer's liability persists despite challenges to the driver's license.
Compensation for injuries must be just and reasonable, reflecting the severity of injuries, loss of earnings, and future earning potential.
The court recalibrated compensation for injuries sustained in a motor vehicle accident, emphasizing just compensation based on notional income and permanent disability, while setting aside unjust rec....
The court established that adequate compensation requires proper assessment of injuries and disability, resulting in a ruling to enhance compensation significantly beyond the initial award.
The court clarified the need for functional disability assessment in determining compensation, asserting that future earnings loss should reflect realistic income capabilities post-injury.
The determination of compensation in personal injury cases must consider notional income and its impact on future earning capacity, especially in cases of permanent disability resulting from the acci....
The court established that compensation must be just and reasonable, adjusting notional income and damages based on established precedents to reflect the claimant's injuries and losses.
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