Karnataka High Court
Devaraja @ Devarajegowda vs The Divisional Controller on 31 July, 2024
Author: H T Narendra Prasad
Bench: H T Narendra Prasad
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NC: 2024:KHC:30219
MFA No. 8447 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 8447 OF 2018 (MV)
BETWEEN:
DEVARAJA @ DEVARAJEGOWDA
S/O RANGEGOWDA
AGED ABOUT 41 YEARS
R/AT GOWDAGERE VILLAGE KASABA HOBLI
CHANNARAYAPATNA TALUK
HASSAN DISTRICT-573201.
...APPELLANT
(BY SRI. SHRIPAD V SHASTRI .,ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER
KSRTC CHIKMAGALUR DIVISION
REPRESENTED BY THE
DIVISIONAL CONTROLLER K S R T C
HASSAN DIVISION-573201.
...RESPONDENT
Digitally signed by (BY SRI. NAGARAJA K.,ADVOCATE)
HEMALATHA A
Location: HIGH THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
COURT OF
KARNATAKA AGAINST THE JUDGMENT AND AWARD DATED:09.09.2014
PASSED IN MVC NO.1592/2012, ON THE FILE OF THE
PRESIDING OFFICER, FAST TRACK COURT AND ADDITIONAL
M.A.C.T., CHANNARAYAPATNA, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
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NC: 2024:KHC:30219
MFA No. 8447 of 2018
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 09.09.2014 passed by MACT, Channarayapatna in MVC No.1592/2012.
2. Facts giving rise to the filing of the appeal briefly stated are that on 26.11.2011 when the claimant along with another was proceeding on motorcycle bearing registration No.KA-30-H-8055 near Shettalamma Temple on NH-48 between Shettihalli-Jogipura, at that time, KSRTC bus bearing registration No.KA-18-F-426 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. -3-
NC: 2024:KHC:30219 MFA No. 8447 of 2018
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 appeared through counsel and filed written statement denying the averments made in the claim petition.
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.V.Mahesh was examined as PW-2, and got exhibited documents namely Ex.P1 to Ex.P187. On behalf of the respondents, one witness was examined as RW-1 and got exhibited documents namely Ex.R1 to Ex.R2. The Claims Tribunal, by the impugned judgment, inter alia, held that the -4- NC: 2024:KHC:30219 MFA No. 8447 of 2018 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.294,240/- along with interest at the rate of 6% p.a. and directed the KSRTC 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 asserts that he was earning Rs.15,000/- per month by doing agriculture. However, the Tribunal has erred in taking the income as merely as Rs.4,500/- per month.
b) Secondly, the claimant has examined the doctor as PW-2. The Tribunal undervalued the claimant's whole-body disability at 16%, contradicting the evidence of the doctor that the claimant suffered 48% disability to particular limb.-5-
NC: 2024:KHC:30219 MFA No. 8447 of 2018
c) Lastly, due to the accident, the claimant has sustained grievous injuries. He was treated as inpatient for a period of 30 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. The Tribunal has failed to grant any compensation towards 'loss of income during laid-up period'. Considering the same, the compensation awarded by the Tribunal under the heads of 'loss of amenities', 'pain and sufferings', 'future medical expenses' and other incidental expenses are on the lower side.
With the above contentions, the learned counsel sought to allow the appeal.
7. On the other hand, the learned counsel for the KSRTC has raised the following counter-contentions:
a) Firstly, the assertion of claimant that he was earning Rs.15,000/- per month, remains unsubstantiated due to lack of documentary evidence. In the absence of proof of -6- NC: 2024:KHC:30219 MFA No. 8447 of 2018 income, the Tribunal has assessed the income of the claimant notionally.
b) Secondly, the Tribunal considering the injuries sustained by the claimant and evidence of the doctor, has rightly assessed the whole body disability at 16%.
c) Thirdly, considering the injuries sustained by the claimant and considering the age and avocation of the claimant, the compensation awarded by the Tribunal under the heads of 'loss of amenities', 'pain and sufferings' and other incidental expenses are just and reasonable and it does not warrant interference.
With the above contentions, the learned counsel sought to dismiss the appeal.
8. Heard the learned counsel for the parties 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 26.11.2011 -7- NC: 2024:KHC:30219 MFA No. 8447 of 2018 due to rash and negligent driving of the offending vehicle by its driver.
10. The claimant claims that he was earning Rs.15,000/- 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 2011, notional income shall be taken at Rs.6,500/- p.m.
11. As per wound certificate, the claimant has sustained fracture of right shaft femur, fracture of neck of right femur, fracture of right hip and fracture of rotator cup of right shoulder. The doctor in his evidence has stated that the claimant has suffered disability of 48% to particular limb. 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 16%. The Tribunal has rightly applied multiplier of '16'. -8-
NC: 2024:KHC:30219 MFA No. 8447 of 2018 Thus, the claimant is entitled for compensation of Rs.199,680/- (Rs.6,500*12*16*16%) 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 6 months. Consequently, the claimant is entitled for compensation of Rs.39,000/- (Rs.6,500*6 months) under the head 'loss of income during laid up period'.
13. The claimant was hospitalized as an inpatient for more than 30 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 'pain and sufferings' from Rs.40,000/- to Rs.50,000/- and under the head of 'loss of amenities' from Rs.20,000/- to Rs.40,000/-. -9-
NC: 2024:KHC:30219 MFA No. 8447 of 2018
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 50,000
Medical expenses 50,000 50,000
Food, nourishment, 21,000 21,000
conveyance and
attendant charges
Loss of income during 0 39,000
laid up period
Loss of amenities 20,000 40,000
Loss of future income 138,240 199,680
Future medical expenses 25,000 25,000
Total 294,240 424,680
16. In the result, the following order is passed:
ORDER
a) The appeal is allowed in part.
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NC: 2024:KHC:30219 MFA No. 8447 of 2018
b) The judgment of the Claims Tribunal is modified.
c) The claimant is entitled to a total compensation of Rs.424,680/-.
d) The KSRTC 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'.
e) In view of the order dated 31.07.2024 passed by this Court, the claimant is not entitled to interest on the enhanced compensation for the delayed period of 1404 days in filing the appeal.
Sd/-
(H.T. NARENDRA PRASAD) JUDGE DM List No.: 2 Sl No.: 61