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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY 2021
BEFORE
THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD
MFA No.5175 OF 2013(MV)
C/W
MFA No.5300 OF 2013(MV)
IN MFA 5175/2013
BETWEEN:
SRI. MUNILAKSHMAIAH
@ MUNILAKSHAIAH
S/O MUNIYAPPA
AGED ABOUT 44 YEARS
RESIDING AT NO.25/2
21ST CROSS, KONDAPPA LAYOUT
YELAHANKA, BANGALORE-560 064.
... APPELLANT
(BY SRI. P.SHIVA KUMAR, ADV. )
AND
1. NATIONAL INSURANCE CO. LTD.,
REGIONAL OFFICE
SUBHARAM COMPLEX
M.G.ROAD
BANGALORE-560 001
REP. BY ITS MANAGER.
2. SRI. RAMESH
2
S/O RAMAKRISHNAPPA
RESIDING AT
MADHAVANAGARA
GOWRIBIDAUR TOWN
KOLAR DISTRICT-561 208.
... RESPONDENTS
(BY SRI. ANUP SEETHARAMA RAO, ADV. FOR
SRI. B.C. SEETHARAMA RAO, ADV. FOR R1)
THIS MFA IS FILED UNDER SECTION 173(1) OF
MV ACT AGAINST THE JUDGMENT AND AWARD
DATED:05.03.2013 PASSED IN MVC NO. 4841/2011
ON THE FILE OF THE III ADDITIONAL SMALL CAUSES
JUDGE, 28TH ACMM, BANGALORE, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA 5300/2013
BETWEEN
SRI. P.NACHAPPA
S/O T.P. PONAPPA
AGED ABOUT 66 YEARS
RESIDING AT NO.50
1ST MAIN, 1ST CROSS
ATTUR LAYOUT, YELAHANKA
BANGALORE-560 064.
...APPELLANT
(BY SRI. P.SHIVA KUMAR, ADV.)
AND
1. NATIONAL INSURANCE CO. LTD.,
REGIONAL OFFICE
SUBHARAM COMPLEX
3
M.G.ROAD
BANGALORE-560 001.
REP. BY IT'S MANAGER.
2. SRI. RAMESH
S/O RAMAKRISHNAPPA
RESIDING AT
MADHAVANAGARA
GOWRIBIDANUR TOWN
KOLAR DISTRICT-561 208.
...RESPONDENTS
(BY SRI. ANUP SEETHARAMA RAO, ADV. FOR
SRI.B.C.SEETHARAMA RAO, ADV. FOR R1:
NOTICE TO R2 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF
MV ACT AGAINST THE JUDGEMENT AND AWARD
DATED: 05.03.2013 PASSED IN MVC NO.4842/2011
ON THE FILE OF THE II ADDITIONAL SMALL CAUSES
JUDGE & XXVIII ACMM, MACT, BENGALURU, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE MFAs COMING ON FOR ADMISSION,
THROUGH VIDEO CONFERENCE, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
These appeals under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) have been filed by the claimants being 4 aggrieved by the judgment dated 5.3.2013 passed by the Motor Accident Claims Tribunal.
2. Facts giving rise to the filing of the appeal briefly stated are that on 24.6.2011, the claimants were proceeding on motorcycle bearing registration No.KA-04-X-9861 on Bangalore-Rajanukunte Road near Anand Steel Pvt. Ltd., Singanayakanahalli, at that time, car bearing registration No.KA-01-MB-889 being driven by its driver at a high speed and in a rash and negligent manner, dashed to the vehicle of the claimants. As a result of the aforesaid accident, the claimants sustained grievous injuries and were hospitalized. After recovering from injuries, the claimants filed claim petitions before the Tribunal. In order to support their case, the claimants examined themselves as PWs-1 and 2, and examined two other witnesses as PWs-3 and 4, and got exhibited documents namely Ex.P-1 to P-30. On the other hand, 5 the Insurance Company neither examined any witness nor produced any documents. After appreciation of the evidence, the Tribunal granted compensation of Rs.3,41,000/- to the claimant in MVC 4841/2011 and Rs.2,03,400/- to the claimant in MVC 4842/2011 with interest at 6% p.a. and directed the Insurance Company to pay compensation to the claimants. Being aggrieved by the same, the present appeals are filed.
3. The learned counsel for the claimants submitted that the claimant in MVC 4841/2011 was working as clerk at Divya Chethana Trust Yelahanka New Town and he was also working as LIC agent and earning Rs.12,000/- per month and has produced Ex.P-7, letter issued by Divya Chetana Trust, but the Tribunal has taken the notional income as merely as Rs.5,000/- per month. As per wound certificate, he has sustained closed displaced fracture both bones of right leg (mid third region). He was treated as 6 inpatient for a period of 7 days. PW-4, doctor has stated that the claimant has suffered disability at 30.8% to the right lower limb and 15% to the whole body. The compensation awarded by the Tribunal under the head 'loss of future income' and 'loss of income during laid-up period' are on the lower side.
The claimant in MVC 4842/2011 was working as Security Supervisor and earning Rs.12,000/- p.m. and has produced salary certificate at Ex.P-20, but the Tribunal has taken the notional income as merely as Rs.5,000/- per month. As per wound certificate, he has sustained right ankle displaced medial malleolus fracture with fibula middle one-third undisplaced fibula fracture. He was treated as inpatient for a period of 7 days. PW-4, doctor has stated that the claimant has suffered disability at 24.7% to the right lower limb and 12% to the whole body. The compensation awarded by the Tribunal under the head 'loss of future 7 income' and 'loss of income during laid-up period' are on the lower side. Hence, he sought for allowing the appeals.
4. On the other hand, the learned counsel for the Insurance Company has contended that even though the claimants claims that they were earning Rs.12,000/- per month and produced Exs.P-7 and P- 20 respectively, they have not examined the author of the said certificate. Therefore, the Tribunal has rightly assessed the income of the claimants notionally. Considering the oral and documentary evidence, the Tribunal has granted just and reasonable compensation and it does not call for interference. Hence, he sought dismissal of the appeals.
5. Heard the learned counsel for counsel for the parties and have perused the records. 8
6. It is not in dispute that the claimants have sustained injuries in the road traffic accident occurred due to rash and negligent driving of the offending vehicle by its driver.
The claimants have not produced any evidence with regard to their income. Therefore, the notional income has to be assessed as per the guidelines issued by the Karnataka State Legal Services Authority. Since the accident has taken place in the year 2011, the notional income of the claimants has to be taken at Rs.6,500/- p.m. IN MFA 5175/2013 (MVC 4841/2011)
7. As per wound certificate, the claimant has sustained closed displaced fracture both bones of right leg (mid third region). He was treated as inpatient for a period of 7 days. PW-4, doctor has stated that the claimant has suffered disability at 30.8% to the right lower limb and 15% to the whole body. The Tribunal 9 has rightly taken the whole body disability at 15% and applied correct multiplier of '14' to the age group of the claimant. Thus, the claimant is entitled to Rs.1,63,800/- (Rs.6,500*12*14*15%) on account of 'loss of future income'.
Since the income of the claimant is enhanced to Rs.6,500/- per month, the claimant is entitled for compensation of Rs.26,000/- (Rs.6,500*4 months) under the head 'loss of income during laid up period'.
The compensation awarded by the Tribunal under other heads remains unaltered.
Thus, the claimant is entitled to the following compensation:
As awarded As awarded Compensation under by the by this different Heads Tribunal Court (Rs.) (Rs.) Pain and sufferings 60,000 60,000 Medical expenses 55,000 55,000 Food, nourishment, 10,000 10,000 conveyance and attendant charges Loss of income during 20,000 26,000 10 laid up period Loss of amenities 50,000 50,000 Loss of future income 126,000 163,800 Future medical expenses 20,000 20,000 Total 341,000 384,800 The claimant in MVC 4841/2011 is entitled to a total compensation of Rs.384,800/-. IN MFA 5300/2013 (MVC 4842/2011)
8. As per wound certificate, the claimant has sustained right ankle displaced medial malleolus fracture with fibula middle one-third undisplaced fibula fracture. He was treated as inpatient for a period of 7 days. PW-4, doctor has stated that the claimant has suffered disability at 24.7% to the right lower limb and 12% to the whole body. The Tribunal has rightly taken the whole body disability at 12% and applied correct multiplier of '7'. Thus, the claimant is entitled to Rs.65,520/- (Rs.6,500*12*7*12%) on account of 'loss of future income'.
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Since the income of the claimant is enhanced to Rs.6,500/- per month, the claimant is entitled for compensation of Rs.26,000/- (Rs.6,500*4 months) under the head 'loss of income during laid up period'.
The compensation awarded by the Tribunal under other heads remains unaltered.
Thus, the claimant is entitled to the following compensation:
As awarded As awarded Compensation under by the by this different Heads Tribunal Court (Rs.) (Rs.) Pain and sufferings 60,000 60,000 Medical expenses 3,000 3,000 Food, nourishment, 10,000 10,000 conveyance and attendant charges Loss of income during 20,000 26,000 laid up period Loss of amenities 40,000 40,000 Loss of future income 50,400 65,520 Future medical expenses 20,000 20,000 Total 203,400 224,520 The claimant in MVC 4842/2011 is entitled to a total compensation of Rs.224,520/-. 12
9. The Insurance Company is directed to deposit the compensation amount along with interest at the rate of 6% p.a. within a period of four weeks from the date of receipt of copy of this judgment in both the cases.
To the aforesaid extent, the judgment of the Claims Tribunal is modified.
Accordingly, the appeals are allowed in part.
Sd/-
JUDGE DM