Karnataka High Court
Sri Machaiah vs Sri A V Rakesh on 29 July, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2024:KHC:29761
MFA No. 7437 of 2018
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. 7437 OF 2018 (MV)
BETWEEN:
SRI MACHAIAH
S/O C U MUDDAPPA
AGED ABOUT 22 YEARS
R/AT HODDUR VILLAGE
BALAMURI POST VIA MURNADU,
MADIKERI TALUK-571 252
...APPELLANT
(BY SMT. SUMA KEDILAYA .,ADVOCATE)
AND:
1. SRI A V RAKESH
S/O VENKATASWAMY V C
AGED ABOUT 27 YEARS
R/AT D.NO.724,CHOWDAMMA MAHAL
TEACHERS COLONY
Digitally signed by HOSABADAVANE,MADDUR
HEMALATHA A TOWN AND POST
Location: HIGH MANDYA DISTRICT-571 428.
COURT OF
KARNATAKA
2. IFFCO TOKIO GENERAL INSURANCE CO.LTD
BEHIND LABOUR OFFICE
AKSHAY BHANDAR, KUVEMPUNAGAR
MYSORE CITY-570 023
...RESPONDENTS
(BY SRI.C SHANKAR REDDY., ADVOCATE FOR R2:
NOTICE TO R1 IS DISPENSED WITH
V/O DATED: 23082023)
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NC: 2024:KHC:29761
MFA No. 7437 of 2018
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 17/02/2018
PASSED IN MVC NO.144/2016, ON THE FILE OF THE
PRINCIPAL DISTRICT & SESSIONS JUDGE AND MACT,
KODAGU, MADIKERI, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL JUDGMENT
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 17.02.2018 passed by MACT, Kodagu at Madikeri in MVC No.144/2016.
2. Facts giving rise to the filing of the appeal briefly stated are that on 27.02.2016 when the claimant was proceeding on car bearing registration No.KA-02-MD-5790 near Dava Workshop, Bylukuppe village, at that time, lorry bearing registration No.KA-11-A-4964 being driven by its driver at a high speed and in a rash and negligent manner, -3- NC: 2024:KHC:29761 MFA No. 7437 of 2018 dashed to the vehicle of the claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.
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 No.2 appeared through counsel and filed written statement denying the averments made in the claim petition. The respondent No.1, 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, -4- NC: 2024:KHC:29761 MFA No. 7437 of 2018 examined himself as PW-1, and Dr.Kiran Bhat was examined as PW-2, and got exhibited documents namely Ex.P1 to Ex.P17. On behalf of the respondents, no witness was examined and got exhibited documents namely Ex.R1. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash 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.11,89,841/- along with interest at the rate of 9% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. Being aggrieved, the present appeal has been filed.
6. The learned counsel for the claimant has raised the following contentions:
a) Firstly, the claimant has sustained grievous injuries.
He has examined the doctor as PW-2. The doctor has opined that the claimant has suffered permanent visual disability at 30%. But the Tribunal has erred in awarding -5- NC: 2024:KHC:29761 MFA No. 7437 of 2018 global compensation of Rs.2,00,000/- under the head of 'loss of future income', which is on the lower side.
b) Secondly, due to the accident, the claimant has sustained grievous injuries. He was treated as inpatient for a period of 24 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 overall compensation awarded by the Tribunal is inadequate.
With the above contentions, learned counsel for the appellant sought to allow the appeal.
7. On the other hand, the learned counsel for the Insurance Company has raised the following counter- contentions:
a) Firstly, the claimant is a student, aged 20 years and he is a non earning member. The disability assessed by the Tribunal at 30% is on the higher side. After recovering from the injuries, the claimant has completed his studies. -6-
NC: 2024:KHC:29761 MFA No. 7437 of 2018 The said disability has not affected his 'loss of future income'. The compensation awarded by the Tribunal under the head of 'loss of future income' is just and reasonable.
b) Secondly, considering the injuries sustained by the claimant and considering the age and avocation of the claimant, the overall compensation awarded by the Tribunal is just and reasonable and it does not warrant interference.
c) Thirdly, in light of the Division Bench decision of this Court in the case of Ms.Joyeeta Bose and others -v- Venkateshan.V and others (MFA 5896/2018 and connected matters disposed of on 24.8.2020), the rate of interest awarded by the Tribunal at 9% p.a. on the compensation amount appears excessive.
With the above contentions, learned counsel for the Insurance Company sought to dismiss the appeal.
8. Heard the learned counsel for the parties. Perused the judgment and award of the Tribunal and original records.
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9. It is not in dispute that the claimant has sustained injuries in the road traffic accident occurred on 27.02.2016 due to rash and negligent driving of the offending vehicle by its driver.
10. The claimant claims that he was earning Rs.10,000/- 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 2016, notional income shall be taken at Rs.9,500/- p.m.
11. As per wound certificate, the claimant has sustained CLW wound over left eye margin, abrasions over forehead and left cheek, CT scan of brain-contusions at gug, fracture of ankle. The doctor in his evidence has stated that the claimant has suffered physical visual permanent disability of 30%. Therefore, taking into consideration the deposition of the doctor and injuries mentioned in the -8- NC: 2024:KHC:29761 MFA No. 7437 of 2018 wound certificate, the whole body disability is assessed at 20%. The claimant is aged about 20 years at the time of the accident and multiplier applicable to his age group is '18'. Thus, the claimant is entitled for compensation of Rs.410,400/- (Rs.9,500*12*18*20%) on account of 'loss of future income' as against Rs.2,00,000/- awarded by the Tribunal towards 'disability and loss of future income'.
12. Considering the nature of injuries and evidence of the doctor, the compensation awarded by the Tribunal under other heads is just and reasonable.
13. Thus, the claimant is entitled for an additional compensation of Rs.2,10,400/- in addition to total compensation awarded by the Tribunal.
14. In the result, the following order is passed:
ORDER
a) The appeal is allowed in part.
b) The judgment of the Claims Tribunal is modified. -9-
NC: 2024:KHC:29761 MFA No. 7437 of 2018
c) The claimant is entitled to compensation of Rs.210,400/- in addition to total compensation of Rs.11,89,841/- awarded by the Tribunal.
d) Following the judgment of the Division Bench of this Court in the case of 'MS.JOYEETA BOSE' (supra), the enhanced compensation shall carry interest at 6% per annum.
e) The Insurance Company is directed to deposit the compensation amount along with interest 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.
Sd/-
(H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 88