Karnataka High Court
Jakanachari B vs Yashavantha V N on 4 July, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:26127
MFA No. 3753 of 2020
C/W MFA No. 3594 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO.3753 OF 2020(MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 3594 OF 2020(MV-I)
IN MFA NO.3753/2020
BETWEEN:
VEERENDRACHARI A.N.,
S/O NIRANJANAMURTHY,
AGED ABOUT 48 YEARS,
AGRICULTURE AND BUSINESS,
R/O KURKI VILLAGE, DAVANAGERE TALUK,
PRESENTLY R/AT AMARAVATHI COLONY,
HARIHAR CITY, DAVANAGERE DISTRICT-577 001
...APPELLANT
(BY SRI. G.J.SUNKAPUR.,ADVOCATE)
AND:
1. YASHAVANTHA .V.N.,
S/O N. VIJAYAKUMAR,
AGED 22 YEARS,
Digitally signed by
R HEMALATHA OWNER OF MOTOR BIKE BEARING
Location: HIGH REG NO.KA17 EY1700
COURT OF
KARNATAKA R/O No.1479/18, 1ST A CROSS,
SIDDAVEERAPPA BADAVANE
DAVANAGERE DISTRICT-577 001.
2. THE LEGAL CLAIMS MANAGER,
LIBERTY VIDEOCON GENERAL INSURANCE
COMPANY LTD.
OFFICE NO.1, ALIS FIRST FLOOR,
REAR PORTION, OLD NO.28,
NEW NO.23, RICHMOND ROAD,
BENGALURU-560 025.
...RESPONDENTS
(BY SRI. RAVI.S.SAMPRATHI, ADVOCAE FOR R2;
V/O DATED 23.11.2022, NOTICE TO R/1 IS D/W)
-2-
NC: 2024:KHC:26127
MFA No. 3753 of 2020
C/W MFA No. 3594 of 2020
THIS MFA IS FILED U/S 173(1) OF MOTOR VEHICLES ACT
AGAINST THE JUDGMENT AND AWARD DATED 20.11.2019
PASSED IN MVC NO.459/2018 ON THE FILE OF THE SENIOR CIVIL
AND J.M.F.C., M.A.C.T., HARIHAR, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
IN MFA No.3594/2020
B.JAKANACHARI,
S/O. B.KALACHARI,
AGED ABOUT 50 YEARS,
HEAD MASTER,
R/O 7TH WARD, BASAVESHWARA NAGARA,
KOTTURU CITY
PRESENTLY RESIDING AT:
AMARAVATHI COLONY,
HARIHAR CITY,
DAVANAGERE DISTRICT - 577 001.
...APPELLANT
(BY SRI. G.J.SUNKAPUR.,ADVOCATE)
AND:
1. YASHAVANTHA .V.N.,
S/O N. VIJAYAKUMAR,
AGED 22 YEARS,
OWNER OF MOTOR BIKE BEARING
REG NO.KA17 EY1700
R/O No.1479/18, 1ST A CROSS,
SIDDAVEERAPPA BADAVANE
DAVANAGERE DISTRICT-577 001.
2. THE LEGAL CLAIMS MANAGER,
LIBERTY VIDEOCON GENERAL INSURANCE
COMPANY LTD.
OFFICE NO.1, ALIS FIRST FLOOR,
REAR PORTION, OLD NO.28,
NEW NO.23, RICHMOND ROAD,
BENGALURU-560 025.
...RESPONDENTS
(BY SRI. RAVI.S.SAMPRATHI, ADVOCAE FOR R2;
V/O DATED 23.11.2022, NOTICE TO R/1 IS D/W)
-3-
NC: 2024:KHC:26127
MFA No. 3753 of 2020
C/W MFA No. 3594 of 2020
THIS MFA IS FILED U/S 173(1) OF MOTOR VEHICLES ACT
AGAINST THE JUDGMENT AND AWARD DATED 20.09.2019
PASSED IN MVC NO.458/2018 ON THE FILE OF THE SENIOR CIVIL
JUDGE, AMACT, HARIHARA, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
These appeals are filed by the claimants under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 20.11.2019 in MVC Nos. 458/2018 and 459/2018 passed by the learned Senior Civil Judge and AMACT, Harihara.
2. The claimants filed a petition under Section 166 of the MV Act, seeking just and proper compensation for injuries sustained on 26.04.2018 in a road traffic accident. The Tribunal, after appreciating the evidence on record, awarded a total compensation of Rs.2,56,800/- to the claimant in MVC No. 458/2018 and Rs.2,00,921/- to the claimant in MVC No. 459/2018 from the date of the petition until actual realization. Taking exception to the same, the claimants are in appeal seeking enhancement of compensation.
3. Heard the learned counsel for the parties and perused the Trial Court records.
4. The accident occurred in 2018, and the claimant in MVC No. 458/2018 was working as a School Headmaster. Despite the disability suffered, he continues to work. Therefore, he is not -4- NC: 2024:KHC:26127 MFA No. 3753 of 2020 C/W MFA No. 3594 of 2020 entitled to compensation for the loss of future income. The claimant in MVC No. 459/2018 has suffered the following injuries:
1. Diffuse swelling over the right knee.
2. Tenderness over the right knee, crepitus in the right knee, fracture of the lateral cortex of the shaft of the tibia at the junction of the upper 1/3rd and medial 2/3rd extending up to the metaphysis along with intra-articular extension.
5. Given the nature of the injuries sustained, the claimant is entitled to a total compensation amount of Rs.3,50,000/- as opposed to Rs. 2,56,800/- awarded by the Tribunal in MVC No. 458/2018.
6. The claimant in MVC No. 459/2021 was aged 46 years on the date of the accident and was working as a delivery boy in a gas agency. The doctor, who was examined as PW.2, assessed the permanent disability to the limb at 35%. Therefore, the functional disability is assessed at 11%.
7. Learned counsel for the respondent-insurance company vehemently argued that despite the disability suffered, there is no reduction in the wages/salary of the claimant. Therefore, he is not entitled to compensation for the loss of future income.
8. However, taking into account that the claimant is a delivery boy in a gas agency and the functional disability suffered would naturally affect the claimant's ability to discharge his duties -5- NC: 2024:KHC:26127 MFA No. 3753 of 2020 C/W MFA No. 3594 of 2020 as a delivery boy, the claimant is entitled to compensation for the loss of future income.
9. Given the nature of injuries sustained and also the functional disability of the claimant, the compensation awarded by the Tribunal is reassessed as follows:
As awarded by As awarded by this
Compensation under the Tribunal Court
different Heads (Rs.) (Rs.)
Pain and sufferings 41,000 50,000
Loss of amenities 20,000 20,000
Medical expenses 1,29,921 1,29,921
Food, nourishment, 10,000 10,000
conveyance and attendant
charges
Loss of income during laid up - 2,14,500
period
(12500*11*12*13%)
Total 2,00,921 4,24,421
10. The claimant in MVC.No.459/2018 is entitled to a total compensation of Rs.4,24,421/- as opposed to Rs.2,00,921 awarded by the Tribunal.
11. The enhanced compensation amount of Rs.2,23,500/- shall carry interest at the rate of 6% per annum.
12. The entire enhanced compensation with accrued interest to be released in favour of the claimant herein.
-6-NC: 2024:KHC:26127 MFA No. 3753 of 2020 C/W MFA No. 3594 of 2020
13. Accordingly, the appeals are allowed-in-part and the judgment and award of the Claims Tribunal is modified.
Sd/-
JUDGE RKA