IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2021
PRESENT
THE HON'BLE MRS.JUSTICE S.SUJATHA
AND
THE HON'BLE MR. JUSTICE M.I.ARUN
M.F.A.No.9296/2018 (MV)
BETWEEN :
SRI SIDDARAJU
S/O NARAYANACHARI,
AGED ABOUT 33 YEARS,
R/AT BONTHAGALLI VILLAGE,
SRIRANGAPATNA TALUK
MANDYA DISTRICT-571438 ...APPELLANT
(BY SRI P.NATARAJU, ADV.)
AND :
1. THE DIRECTOR
M/s SHAH MOBIKES PVT. LTD.,
NO.2776/L4, SRI HARSHA ROAD,
LASHKAR MOHALLA,
MYSURU-570 001
2. THE NATIONAL INSURANCE CO. LTD.,
NEAR JAYAMMA GOVINDEGOWDA,
SIGNAL LIGHT,
ADICHUNCHANAGIRI ROAD,
KUVEMPUNAGARA,
MYSURU-570023 ...RESPONDENTS
(BY SRI E.I.SANMATHI, ADV. FOR R-2; R-1 SERVED.)
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THIS M.F.A. IS FILED UNDER SECTION 173(1) OF
M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED
19.03.2018 PASSED IN MVC No.651/2016 ON THE FILE OF THE
PRINCIPAL JUDGE, COURT OF SMALL CAUSES, AS A
PRESIDING OFFICER, MACT, MYSURU, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
S. SUJATHA, J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is directed against the judgment and award dated 19.03.2018 passed in MVC No.651/2016 on the file of the Motor Accidents Claims Tribunal at Mysuru ('Tribunal' for short).
2. The claimant instituted the petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the injuries sustained by him in the road traffic accident.
3. It was averred in the claim petition that on 05.12.2015 at about 10.00 a.m. when the claimant was proceeding on the motorcycle bearing registration No.KA-11-U-6574 carefully, near Cauvery Hospital, -3- Bannur Road, Yaraganahalli Mysuru City, the driver of the car bearing registration No.KA-55-M-1100 (offending vehicle) came in a high speed in a rash and negligent manner and dashed to his motorcycle, due to which he fell down and sustained injuries. Immediately, the claimant was shifted to Cauvery Hospital, wherein he took treatment as an inpatient and incurred huge medical expenses. It was contended that the claimant was working as Carpenter by profession and earning a sum of Rs.1,000/- per day. Due to the impact of the accidental injuries, his earning capacity has been seriously affected; he is not in a position to do his carpentry work as earlier and thereby he has suffered physically, mentally and financially. On these set of facts and grounds, the claimant has sought for the compensation.
4. On issuance of summons, the respondent No.1, owner of the car remained absent and was placed -4- ex-parte. The insurance company appeared through its counsel and contested the claim. Objections were filed by the insurer denying the petition averments. The primary defence set up was that there was a delay in lodging the complaint. However, admitting the issuance of the policy, it was contended that the liability, if any, is subject to the terms and conditions of the policy, valid driving licence, RC permit and FC of the vehicle in question. On these grounds, the insurer sought for the dismissal of the petition.
5. On the basis of the pleadings, the issues were framed and answered as per the reasons recorded in the impugned judgment allowing the petition in part awarding total compensation of Rs.2,47,100/- with interest at the rate of 8% per annum from the date of the petition till its realisation. -5-
6. Being dissatisfied, the claimant has preferred the present appeal seeking for enhancement of compensation.
7. Learned counsel for the appellant/claimant submitted that the claimant has suffered grievous injuries in the accident in question. He was hospitalized for about 11 days and the impact of the accidental injuries for the rest of his life is being apparent, the Tribunal ought to have awarded just and proper compensation under the different heads, the same being on a lower side deserves to be enhanced substantially.
8. Learned counsel for the insurer justifying the impugned judgment and award submitted that on appreciation of oral and documentary evidence, the Tribunal has awarded just compensation and the same deserves to be confirmed dismissing the appeal. -6-
9. We have carefully considered the rival submissions of the learned counsel appearing for the parties and perused the materials on record.
10. The factum of accident and the injuries sustained by the claimant in the said accident are not in dispute. The Tribunal has determined the monthly income of the claimant notionally at Rs.9,000/-. The same being reasonable, we do not find any infirmity in determining the notional income. The doctor who was examined as PW.2 has assessed the functional disability at 10.3%. Considering the nature of work and the percentage of disability assessed by the doctor, the Tribunal has assessed the disability at 5%. Given the circumstances, we do not find any ground to interfere with the same. However, having regard to the nature of injuries sustained and its impact for the rest of the life of the claimant, we deem it appropriate to award a sum of Rs.50,000/- towards pain and suffering; a sum of -7- Rs.50,000/- towards loss of amenities of life. In all other respects, the compensation awarded by the Tribunal being just and reasonable remains undisturbed.
11. For the reasons aforesaid, the total compensation awarded by the Tribunal is re-assessed as under:
Sl.No. Particulars Amount [in Rs.]
1. Pain and sufferings 50,000/-
Towards Medical
2. Expenses and 60,000/-
nourishment
Loss of income during
3. 30,300/-
laid up period and rest
4. Loss of future income 91,800/-
5. Loss of amenities of life 50,000/-
Towards future medical
6. 20,000/-
expenses
Total 3,02,100/-
Thus, the claimant shall be entitled to total
compensation of Rs.3,02,100/- with interest at the rate of 6% per annum on the enhanced compensation amount from the date of the claim petition till the date of realization.
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12. Hence, the following:
ORDER
i) The appeal is allowed in part.
ii) The total compensation awarded by the Tribunal is modified and enhanced to Rs.3,02,100/- (Rupees Three Lakhs Two Thousand One Hundred only) as against Rs.2,47,100/- with interest at the rate of 6% per annum on the enhanced compensation amount from the date of the claim petition till its realization.
iii) The portion of the order of the Tribunal inasmuch as liability and disbursement remains intact.
iv) The insurance company shall deposit the amount determined as aforesaid before the Tribunal within 90 days from the date -9- of receipt of the certified copy of the judgment and order.
v) The modified compensation amount shall be disbursed in terms of the order of the Tribunal.
vi) Draw modified award accordingly.
vii) All pending I.As. stand disposed of accordingly.
Sd/-
JUDGE Sd/-
JUDGE PMR