Karnataka High Court
Isthikar Aalam vs Sri G Satish Reddy on 29 July, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2024:KHC:29768
MFA No. 1794 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 1794 OF 2019 (MV)
BETWEEN:
ISTHIKAR AALAM
S/O KUSUMDDIN
NOW AGED ABOUT 36 YEARS
RESIDING PRESENTLY MIYAN
JAGDISH, JAMO, JAMOBAZAR
SIWAN, BIHAR 841413
ALSO RESIDING PRESENTLY AT
NO.991, SRY LAYOUT, KOPPA ROAD
MYLASANDRA, VADDARAPALYA BUS STOP
BENGALURU-68.
...APPELLANT
(BY SRI. GOPAL KRISHNA N.,ADVOCATE)
AND:
SRI G SATISH REDDY
S/O GOVINDA REDDY
MAJOR IN AGE
Digitally signed by POST OFFICE ROAD
HEMALATHA A
ATIBELE, ANEKAL TALUK
Location: HIGH
COURT OF BANGALORE 562106.
KARNATAKA
...RESPONDENT
(NOTICE TO RESPONDENT IS HELD SUFFICIENT
V/O DATED: 04.07.2023)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:03.09.2018
PASSED IN MVC NO.5028/2017 ON THE FILE OF THE XIII
ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER,
MACT, BENGALURU (SCCH-15), PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
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NC: 2024:KHC:29768
MFA No. 1794 of 2019
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL JUDGMENT
1. 1. This appeal under Section 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') has been filed by the claimant being aggrieved by the judgment dated 03.09.2018 passed by MACT, Bengaluru in MVC No.5028/2017.
2. Facts giving rise to the filing of the appeal briefly stated are that on 27.06.2017 when the claimant was a pedestrian on Dr.Marigowda Road, Near Lalbagh Main Gate in order to board BMTC bus, at that time, private bus bearing registration No.KA-51-C-9879 being driven by its driver at a high speed and in a rash and negligent manner, dashed to the vehicle of the claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.
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NC: 2024:KHC:29768 MFA No. 1794 of 2019
3. The claimant filed a petition under Section 166 of the Act, seeking compensation. It was pleaded that he spent significant amount towards medical expenses, conveyance charges and other related costs. It was further pleaded that the accident occurred solely on account of rash and negligent driving of the offending vehicle by its driver.
4. Upon service of notice, the respondent, despite service of notice, did not appear before the Tribunal and was placed ex-parte.
5. On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter, recorded the evidence. The claimant, in order to prove the case, examined himself as PW-1, and Dr.S.A.Somashekara was examined as PW-2, and got exhibited documents namely Ex.P1 to Ex.P14. On behalf of the respondent, neither any witness was examined nor any document was produced. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash -4- NC: 2024:KHC:29768 MFA No. 1794 of 2019 and negligent driving of the offending vehicle by its driver, as a result of which, the claimant sustained injuries. The Tribunal further held that the claimant is entitled to a compensation of Rs.447,500/- along with interest at the rate of 6% p.a. and directed the respondent to deposit the compensation amount along with interest. Being aggrieved, the present appeal has been filed.
6. The learned counsel for the claimant has submitted as follows:
a) Firstly, the Tribunal erred in assuming the monthly income of the claimant as Rs.22,000/-, despite evidence showing he earned Rs.8,000/- per month by working as Tiles and Granite Layer.
b) Secondly, the claimant has examined the doctor as PW-2. The Tribunal undervalued the claimant's whole-body disability at 8%, contradicting the evidence of the doctor that the claimant suffered 33% disability to particular limb and 17% to whole body.-5-
NC: 2024:KHC:29768 MFA No. 1794 of 2019
c) Lastly, due to the accident, the claimant has sustained grievous injuries. He was treated as inpatient for a period of 11 days. Even after discharge from the hospital, he was not in a position to discharge his regular work. He has suffered lot of pain during treatment. Considering the same, the compensation awarded by the Tribunal under the heads of 'loss of amenities', 'pain and sufferings' and other incidental expenses are on the lower side.
With the above submissions, learned counsel for the appellant sought to allow the appeal.
7. Respondent is served and unrepresented.
8. Heard the learned counsel for the appellant and perused the judgment and award of the Tribunal.
9. It is not in dispute that the claimant has sustained injuries in the road traffic accident occurred on 27.06.2017 due to rash and negligent driving of the offending vehicle by its driver.
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NC: 2024:KHC:29768 MFA No. 1794 of 2019
10. The claimant claims that he was earning Rs.22,000/- per month. But he has not produced any documents to substantiate his claim. Therefore, in the absence of proof of income, notional income has to be assessed. According to the guidelines issued by the Karnataka State Legal Services Authority, for accidents occurred in the year 2017, notional income shall be taken at Rs.11,000/- p.m.
11. As per wound certificate, the claimant has sustained Pelvis, pubic symphyisis diastasis with posterior iliac bone, fracture of superior and inferior public rami and fracture of bilateral sacral ala and S1 vertebra. The doctor in his evidence has stated that the claimant has suffered disability of 33% to particular limb and 17% to whole body. Therefore, taking into consideration the deposition of the doctor and injuries mentioned in the wound certificate, the Tribunal has rightly taken the whole body disability at 11%. The claimant is aged about 29 years at the time of the accident and multiplier applicable to his age group is '17'. Thus, the claimant is -7- NC: 2024:KHC:29768 MFA No. 1794 of 2019 entitled for compensation of Rs.246,840/- (Rs.11,000*12*17*11%) on account of 'loss of future income'.
12. The nature of injuries indicates that the claimant must have been under rest and treatment for a period of 3 months. Consequently, the claimant is entitled for compensation of Rs.33,000/- (Rs.11,000*3 months) under the head 'loss of income during laid up period'.
13. The claimant was hospitalized as an inpatient for more than 11 days in the hospital and subsequently received further treatment. Due to the accident, the claimant has suffered grievous injuries and also undergone surgery. Considering the prolonged pain during treatment as well as the permanent disability certified by the doctor, I am inclined to enhance the compensation awarded by the Tribunal under the head of 'loss of amenities' from Rs.20,000/- to Rs.40,000/-.
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NC: 2024:KHC:29768 MFA No. 1794 of 2019
14. Considering the nature of injuries, the compensation awarded by the Tribunal under other heads is just and reasonable.
15. Thus, the claimant is entitled to the following compensation:
As awarded As awarded
by the by this
Compensation under Tribunal Court
different Heads
(Rs.) (Rs.)
Pain and sufferings 40,000 40,000
Medical expenses 229,000 229,000
Food, nourishment, 10,000 10,000
conveyance and
attendant charges
Loss of income during 8,000 33,000
laid up period
Loss of amenities 20,000 40,000
Loss of future income 130,500 246,840
Future medical expenses 10,000 10,000
Total 447,500 608,840
16. In the result, the following order is passed: -9-
NC: 2024:KHC:29768 MFA No. 1794 of 2019 ORDER
a) The appeal is allowed in part.
b) The judgment of the Claims Tribunal is modified.
c) The claimant is entitled to a total compensation of Rs.608,840/-.
d) The respondent is directed to deposit the compensation amount along with interest @ 6% p.a. from the date of filing of the claim petition till the date of realization, within a period of six weeks from the date of receipt of copy of this judgment. However, interest shall not be applicable to the compensation awarded under the head of 'future medical expenses'.
Sd/-
(H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 62