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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2021
PRESENT
THE HON'BLE MRS. JUSTICE S. SUJATHA
AND
THE HON'BLE MR. JUSTICE M.I.ARUN
MFA NO.2492 OF 2018 (MV)
BETWEEN:
MRS. SUNDARAMMA
W/O NAGARAJAPPA
AGED ABOUT 42 YEARS
R/AT ADIBETTAHALLI
VILLAGE, T.NARASIPURA TALUK
MYSURU DISTRICT - 571 110 ... APPELLANT
(BY SMT. ANUSHA NANDISH, ADV.)
AND:
1. MR. KRISHNA
S/O PEDDAPADASABHOVI
AGED MAJOR, R/AT
POOJARI BHOVI
DODDI VILLAGE
RAMAPURA HOBLI
KOLLEGALA TALUK
CHAMARAJANAGARA
DISTRICT - 571 440
2. THE BRANCH MANAGER
UNITED INDIA INSURANCE
CO. LTD., TB HUB
BALLAL CIRCLE
MYSURU - 571 110 ... RESPONDENTS
(BY R-1 NOTICE DISPENSED WITH;
SRI. S. SRI SHAILA, ADV. FOR R-2)
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THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT AGAGINST THE JUDGMENT AND AWARD
DATED 04.01.2018 PASSED IN MVC NO.312 OF 2016 ON THE
FILE OF THE SENIOR CIVIL JUDGE AND MACT, TIRUMAKUDALU
NARASIPURA PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS MFA COMING ON FOR ADMISSION, THIS DAY,
M.I.ARUN J., DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the judgment and award passed in MVC No.312/2016 by the Senior Civil Judge and MACT, Tirumakudalu Narasipura dated 04.01.2018, the petitioner therein has preferred this appeal.
2. For the sake of convenience, parties are referred to as per their ranking before the Tribunal.
3. The brief facts of the case are that on 09.10.2015 at about 9.30 a.m. the petitioner alongwith one Nagarajappa was proceeding on Hero Honda Passion PRO motor cycle bearing No.KA-55-H-3135 near Somwarpet bus stand. A Tractor bearing registration No.KA-10-T-4394 and Trailer bearing registration No.KA-42-T-7042 being driven in a rash and negligent manner dashed against the motor 3 cycle. Due to the impact, the petitioner sustained the following injuries:-
a) Crush injury avulsion thigh left lower limb,
b) Avulsion temporal frontal sink fissure with cheek,
c) Avulsion temporal scalp and lunation forearm left It also resulted in amputation of the left lower limb above the knee and flap cover was done.
4. The petitioner had remained admitted at District Hospital, Chamarajanagar from 09.10.2015 to 15.10.2015. Thereafter, she was shifted to Shubodaya Hospital, Mysuru where she has taken treatment as an inpatient from 16.11.2015 to 20.11.2015.
5. For the aforementioned reasons, the petitioner preferred MVC No.312/2016.
6. After service of notice, the respondents have appeared before the Tribunal and filed their objections denying their liabilities. Respondent No.1 is the owner of the Tractor and Trailer and respondent No.2 is the Insurance 4 Company with whom the offending tractor and trailer has been insured.
7. The petitioner got herself examined as PW-2 and rider of the motor cycle Sri.Nagarajappa was examined as PW-1. Ex.P1 to Ex.P13 were marked. The respondents got examined two witnesses and got marked 6 documents. Through Court Commissioner, 7 documents have been marked.
8. Based on the pleadings and the evidence let in, the Tribunal has concluded that the accident has happened due to rash and negligent driving of the offending Tractor and Trailer.
9. The Tribunal has awarded a total compensation of Rs.11,63,970/- to the petitioner due to the accident and the injuries suffered by her. Not satisfied by the award, the petitioner has preferred this appeal.
10. The factum of accident and the injuries suffered by the petitioner is not in dispute. The only question that 5 arises for consideration is as to the quantum of compensation.
11. The accident happened in the year 2015. It is contended that the petitioner was attending house hold work and was also doing tailoring and was earning about Rs.10,000/- p.m. However, no evidence is produced regarding her income. Hence, the Tribunal has fixed her income notionally at Rs.5,000/- p.m. for the purposes of assessment of compensation. It is contended that the same is on the lower side. It is seen that as per the chart prepared by the Karnataka State Legal Services Authority in consultation with the Insurance Companies, the notional income agreed to be taken for the year 2015 is Rs.9,000/- per month. The petitioner has suffered permanent disability and she is not able to work as she used to do earlier. She was aged about 40 years at the time of the accident. Based on the opinion of the Doctor, the Tribunal has held that the petitioner has suffered a functional disability to her whole body at 50%. The same is not disputed. Given her age, a multiplier of '15' is applicable. Thus, towards the loss of 6 future income, the petitioner would be entitled to a sum of Rs.8,10,000/- (9000 x 12 x 15 x 50%) as against Rs.4,50,000/- awarded by the Tribunal.
12. Given the nature of injuries towards pain and sufferings, we deem it appropriate to grant a sum of Rs.50,000/- as against Rs.30,000/- awarded by the Tribunal. Towards loss of amenities, we deem it appropriate to grant a sum of Rs.50,000/- as against Rs.20,000/- awarded by the Tribunal. Based on her income towards the loss of income during laid up period or treatment period, we deem it appropriate to grant a sum of Rs.27,000/- as against Rs.10,000/- awarded by the Tribunal. The Tribunal has not awarded any amount towards future medical expenses. We deem it appropriate to grant a sum of Rs.25,000/- under the said head. We do not find any error in the amounts awarded on the count of attendant charges and medical bills and hospitalization charges. We hold the same is appropriate. Thus, in all the compensation granted under various heads is as follows:-
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Sl. Particulars Amount Amount
No. awarded by presently
Tribunal awarded
1. Pain and suffering Rs. 30,000 Rs.50,000
2. Loss of amenities Rs. 20,000 Rs.50,000
etc.
3. Loss of income Rs. 10,000 Rs.27,000
during laid up
period
4. Attendant's charges Rs. 15,000 Rs.15,000
etc.
5. Medical bills and Rs. 6,38,970 Rs.6,38,970
hospitalization
charges
6. Loss of future Rs. 4,50,000 Rs.8,10,000
income
7. Future medical - Rs.25,000
expenses
Total Rs.11,63,970 Rs.16,15,970
13. 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.16,15,970/- (Rupees Sixteen Lakhs Fifteen Thousand and Nine Hundred and Seventy only) 8 as against Rs.11,63,970/- which shall carry interest at the rate of 6% per annum 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 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.
Sd/-
JUDGE Sd/-
JUDGE MH/-