Karnataka High Court
Mr. H. Kumara vs Lakshmanagowda on 28 June, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:24197
MFA No. 3045 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 3045 OF 2019 (MV-I)
BETWEEN:
MR. H. KUMARA
S/O HANUMANTHA BHOVI,
AGED ABOUT 32 YEARS,
R/O BHOVI COLONY,
DURGAMMA BEEDHI,
BIRUR TOWN, KADUR TALUK,
CHIKMAGALURU DISTRICT-577 548.
...APPELLANT
(BY SRI. NAGARAJA R.C., ADVOCATE)
AND:
1. LAKSHMANAGOWDA
FATHER IS NOT KNOWN,
AGE: MAJOR, DRIVER OF THE
KSRTC BUS, METAL NO.9954,
Digitally signed by CHIKMAGALURU DEPOT,
R HEMALATHA
Location: HIGH CHIKMAGALURU-577 101.
COURT OF
KARNATAKA
2. THE DIVISION CONTROLLER,
KSRTC, CHIKMAGALURU DIVISION,
CHIKMAGALURU-577 101.
3. THE MANAGING DIRECTOR,
KSRTC, CENTRAL OFFICE,
BENGALURU-560 001.
...RESPONDENTS
(BY SMT. RADHA B.P., ADVOCATE FOR R2 & R3;
V/O DATED 28/06/2023 NOTICE TO R1 IS D/W)
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NC: 2024:KHC:24197
MFA No. 3045 of 2019
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01/01/2019, PASSED IN MVC
NO.206/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MMACT, KADUR, CHIKKAMANGALURU DISTRICT, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Section 173(1) of the Motor Vehicles Act has been filed by the claimant, challenging the judgment and award dated 1.01.2019, passed by the learned Senior Civil Judge and MACT at Kadur in MVC No.206/2016.
2. The appellant/claimant sustained injuries in a road traffic accident on August 27, 2015, and subsequently filed a claim petition under Section 166 of the Indian Motor Vehicles Act, 1989, seeking just and proper compensation. The Tribunal awarded a total compensation of Rs.2,17,586/- with interest at the rate of 7% per annum. Dissatisfied with the quantum of compensation, the claimant has appealed to this Court.
3. The Court has heard the learned counsel for both the appellant and the respondent, the Insurance Company.
4. The accident occurred in 2015, at which time the claimant was 30 years old. In the absence of proof of income, the notional income is assessed at Rs.9,000/- per month, based on the -3- NC: 2024:KHC:24197 MFA No. 3045 of 2019 chart prepared by the Karnataka Legal Aid Services Authority, as opposed to the Rs.7,500/- assessed by the Tribunal.
5. The claimant sustained grievous injuries, including a compression fracture involving the L2 vertebra body with posterior buckling causing compression of the conus medullaris and filum terminale nerve roots, as well as an anterior epidural collection extending from the L2 to L3 vertebral body.
6. The claimant presented evidence from the doctor, designated as C.W.1, who testified that the claimant has a deformity of the tibia at 33%, resulting in a functional disability assessed at 11% to the whole body.
7. The Tribunal did not award any compensation under the head of loss of amenities. Considering the nature of the injury sustained by the claimant, the disability stated by the doctor, and the amount of discomfort and unhappiness the claimant will experience in his future life, a sum of Rs.40,000/- is awarded towards loss of amenities.
8. Given the nature of the injury sustained by the claimant, the sum of Rs.20,000/- awarded by the Tribunal towards pain and suffering is deemed insufficient and is therefore enhanced by an additional Rs.30,000/-, bringing the total to Rs.50,000/- under this head.
9. The amount of Rs.8,789/- awarded by the Tribunal towards medical expenses is based on the medical bills produced -4- NC: 2024:KHC:24197 MFA No. 3045 of 2019 by the claimant; hence, there is no scope for enhancement under this head.
10. Considering the duration of the claimant's treatment, the Rs.10,000/- awarded by the Tribunal towards incidental expenses, such as nourishment and attendant charges, is considered inadequate. It is therefore enhanced by an additional Rs.15,000/-, bringing the total to Rs.25,000/- under this head. The compensation towards conveyance charges is deemed just and proper.
11. The nature of the claimant's injuries suggests that he must have been under rest and treatment in various hospitals. Therefore, a sum of Rs.19,000/- is awarded towards loss of income during the laid-up period, as opposed to the Rs.500/- awarded by the Tribunal.
12. Therefore, the appellant is entitled to enhanced compensation under the following heads:
Awarded by this High Awarded by MACT Court Rs.
Rs.
Medical Expenses 8,786/- 8,786/-
Loss of income
500/- 19,000/-
during laid up period
Pain and suffering 20,000/- 50,000/-
Loss of future 1,68,300/- 2,01,960/-
earning capacity
(7,500x11%x12x17) (9000x11% x 12 x 17)
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NC: 2024:KHC:24197
MFA No. 3045 of 2019
Nourishment, & 20,000/- 25,000/-
attendant charges
Conveyance 10,000/- 10,000/-
Loss of amenities NIL 40,000/-
Total 2,17,586/- 3,54,746/-
13. In summary, the appellant/claimant is entitled to a total compensation of Rs.3,54,746/- as opposed to Rs.2,17,586/-
awarded by the Tribunal. The enhanced compensation amounts to Rs.1,37,160/-. To this extent, the award passed by the Tribunal is modified. The enhanced compensation of Rs.1,37,160/- shall carry interest at the rate of 6% per annum from the date of the petition until the date of actual realization.
14. The respondent, the Insurance Company, is directed to deposit the enhanced amount with interest within a period of three months from the date of receipt of the certified copy of this order. The entire enhanced compensation amount is to be released in favor of the appellant/claimant.
The appeal is disposed of.
Sd/-
JUDGE HR