IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 03^RD DAY OF FEBRUARY 2021

BEFORE

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

MFA NO.101679/2020(MV)

THE NEW INDIA ASSURANCE COMPANY LTD,

BY ITS BRANCH MANAGER, BYALI KHATA GOKAK,

NOW REPRESENTED BY ITS AUTHORIZED SIGNAOTRY

...APPELLANT

(BY SRI.RAJASHEKHAR S ARANI,ADV.)

AND

1 . IBRAHIM S/O HUSSAINSAB KAMBARI

AGEL:48 YEARS, OCC: COOK, NOW NIL

R/O: LAKKAD GALLI GOKAK

TQ: GOKAK, DIST: BELAGAVI

2 . YALLAPPA S/O DODDIRAPPA HEJJIGAR

AGE:MAJOR, OCC: BUSINESS,

R/O: GURUWAR PETH GOKAK

TQ: GOKAK, DIST: BELAGAVI

(OWNER OF MOTOR CYCLE NO.KA49/Q9981)

…RESPONDENTS

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES

ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED

05.02.2020 PASSED IN MVC NO.1171/2018 ON THE FILE OF

THE XII ADDITIONAL DISTRICT AND SESSIONS JUDGE,

BELAGAVI, SITTING AT GOKAK, AWARDING COMPENSATION OF

RS.5,82,500/- WITH INTEREST AT 7 PERCENT P.A. FROM THE

DATE OF PETITION TILL ITS REALISATION.

2

THIS MFA COMING ON FOR ADMISSION, THIS DAY, THE

COURT, DELIVERED THE FOLLOWING:

JUDGEMENT

This appeal is by the insurer challenging the

compensation of Rs.5,82,500/- granted to the claimant for

the injuries sustained by him in an accident which

occurred on 14.09.2017, when the claimant had parked his

vehicle and was sitting on his vehicle at which point of

time the motorcycle bearing KA-49/Q 9981 came and

rammed in to the petitioner’s vehicle.

2.

The fact that the accident occurred is not in dispute

and the fact that the offending vehicle involved in the

accident was insured is also not in dispute.

3.

The Tribunal on assessment of evidence adduced has

awarded following sums:

Particulars

Amount (in Rs.)

Loss of Future income

3,16,800-00

Loss of amenities

75,000-00

Pain and suffering

25,000-00

Food,

nourishment

and

attendant

charges

15,000-00

Loss of income during the laid up

period

30,000-00

Loss of medical expenses

1,15,486-00

3

Litigation charges

5,000-00

Total

5,82,500-00

4.

The principal contention urged by the learned

counsel for the appellant was that the determination of

notional income at Rs.12,000/- is on the higher side and

the assement of functional disability at 20% was also

incorrect.

5.

In the absence of documentary evidence, the

Tribunal has assessed monthly income at Rs.12,000/-. In

a case where no documentary evidence is there, notional

income as per the chart prepared by Lok-adalath in

consultation with the Karnataka State Legal Services

Authority would have to be adopted. The notional income

to the victims of a motor vehicle accident for the year

2018 is determined at Rs.11,750/- per month.

6.

In this case, since Tribunal has determined the

notional income, marginally higher i.e. at Rs.12,000/- per

month, I do not think it is a fit case to interfere and reduce

the said sum.

4

7.

As far as the disability is concerned, the Tribunal has

noticed that there was medical evidence stating that the

claimant had suffered 54% disability in relation to right

lower limb and the Trial Court has also noticed that there

was a shortening of the right leg and this disability would

affect his avocation of cooking. The Tribunal has therefore

taken, the functional disability at 20%. In my view,

having regard to the avocation pleaded by the claimant

and the injuries suffered by him, the assessment of

functional disability at 20% cannot found fault with.

8.

I therefore, find no reasons to entertain this appeal

and appeal is accordingly dismissed.

9.

The amount in deposit shall stands transmitted to

the Tribunal for disbursement in terms of the award of the

Tribunal.

Sd/-

JUDGE

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