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2024 Supreme(Online)(KAR) 30755
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF FEBRUARY, 2024 PRESENT THE HON'BLE MR JUSTICE S G PANDIT AND THE HON'BLE MR JUSTICE K V ARAVIND MISCELLANEOUS FIRST APPEAL NO. 101762 OF 2022 (MV-I)
BETWEEN:
NINGARADDI S/O. YENKARADDI VADDIN, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. TALKAL, TQ: YELBURGA, TQ. DIST: KOPPAL, PIN-583236.
…APPELLANT (BY SRI. D. V.PATTAR, ADVOCATE)
AND:
1. VASANTH M. HUGAR, AGE: 41 YEARS, OCC: BUSINESS AND OWNER OF NEW CAR TUV-300, CHASSIS NO.G6D45784, R/O. MIG, I DOOR, NO.312, SIDDALING NAGAR, GADAG TQ, DIST: GADAG-581117.
Digitally signed by CHANDRASHEKAR
2. THE REGIONAL MANAGER, LAXMAN KATTIMANI NATIONAL INSURANCE CO. LTD, Date: 2024.02.21
15:25:40 +0530 REGIONAL OFFICE, ARIHANTA PLAZA, OPP: SBI ZONAL OFFICE, KESHWAPUR, HUBLI, PIN-580022.
…RESPONDENTS (BY SRI. SURESH S. GUNDI, ADV. FOR RESPONDENT NO.2, NOTICE TO RESPONDENT NO.1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR RECORDS AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE HON’BLE CIVIL JUDGE (SR.DN) AND ADDITIONAL MACT KOPPAL AT: KOPPAL DATED 26.08.2021 MVC 492/2016 AND ALLOW THE APPEAL AND ENHANCE THE COMPENSATION IN THE INTEREST OF JUSTICE.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, S G PANDIT, J., DELIVERED THE FOLLOWING:
JUDGMENT
Appellant/claimant is before this Court dissatisfied with the quantum of compensation awarded under judgment and award dated 26.08.2021 in MVC No.492/2016 on the file of the Civil Judge (Sr. Dn.) and Additional MACT, Koppal, praying for enhancement of compensation.
2. Heard learned counsel Shri. D.V. Pattar for appellant/claimant and learned counsel Shri. Suresh S. Gundi for respondent No.2/Insurance company and perused the appeal papers.
3. The accident that took place on 15.07.2016 involving motorcycle bearing No.KA-37/U-7906 and Car TUV- 300 bearing Chassis No.G6D45784 and the accidental injury sustained by the claimant is not in dispute in this appeal. The Tribunal based on the material on record awarded total compensation of Rs.4,15,767 on the following heads:
| Sl.No. | Heads of Compensation | Amount |
| 1. | Medical expenses relating to treatment and hospitalization and medicines | 3,39,767.00 |
| 2. | Pain and suffering | 40,000.00 |
| 3. | Loss of income during period of treatment | 21,000.00 |
| 4. | Conveyance Charges | 5,000.00 |
| 5. | Food, nourishment, attendant charges | 10,000.00 |
| Total | 4,15,767.00 |
4. While awarding the above compensation, the Tribunal assessed the income of the appellant/claimant at Rs.7000/- per month and not awarded any compensation on the head of loss of future income.
5. Learned counsel for the appellant would submit that the Tribunal committed error in assessing the income of the appellant/claimant at Rs.7,000/- per month. He submits that he was agriculturist and he was earning more than Rs.15,000 per month. Thus, he prays for assessing income of the appellant/claimant on the higher side. Learned counsel would submit that the appellant/claimant was inpatient for more than 34 days and he has sustained fracture of right femur and lacerated wound over right side of neck as well as lacerated wound over forehead. Taking note of the injuries sustained, he would submit that the compensation awarded on other heads are also on lower side.
6. Per contra, learned counsel Shri. Suresh S.
Gundi, submits that the quantum of compensation awarded is just compensation. Further he submits that as no material is produced to establish the income, the Tribunal is justified in assessing the income of the appellant/claimant notionally at Rs.7,000/- per month.
Thus, he prays for dismissal of the appeal.
7. Having heard the learned counsel for the parties and on perusal of the material on record, following point would arise for consideration.
8. Whether the claimant would be entitled for enhanced compensation?
9. The answer to the above point would be in the ‘affirmative’ for the following reasons.
10. As stated above the accident involving motorcycle, Car TUV-300 and the accidental injuries sustained by the appellant/claimant is not in dispute in this appeal. The claimant is before this Court praying for enhancement of compensation. The claimant has sustained the following injuries;
i. Lacerated wound over right side of neck.
ii. Lacerated wound over forehead.
iii. Chirayu Hospital report: Head injury with lacerated wound over scalp and neck: Fracture of right femur with chronic subdural heamatoma.
11. Ex.P13 Discharge Card would indicate that the claimant/appellant was inpatient for more than 34 days.
12. It is true that the appellant/claimant has not placed on record any material to establish his income. In the absence of any material to establish income, it is for the Courts and Tribunals to assess the income notionally. The notional income assessed by the Tribunal at Rs.7,000/- per month of the appellant/claimant is on the lower side. Normally for the accidents of the year 2016 in terms of the chart prepared by the Karnataka State Legal Services Authority(KSLSA), notional income is Rs.8,750/-. Therefore, taking note of the same the income of the appellant/claimant is assessed at Rs.8,750/- per month.
13. The injured appellant, in terms of Ex.P.9, has suffered the following injuries:
1. Lacerated wound over right side of neck.
2. Lacerated w
