Karnataka High Court
Sri Raghavendra vs Sri Ramakrishna B G on 5 January, 2021
Author: Nataraj Rangaswamy
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR. JUSTICE NATARAJ RANGASWAMY
MISCELLANEOUS FIRST APPEAL NO.3811 OF 2017
BETWEEN:
SRI. RAGHAVENDRA
S/O NAGAPPA GOWDA,
AGED ABOUT 35 YEARS,
R/O KUDRE KEREBETTU,
MARKOODU,
KOTESHWARA GRAMA,
KUNDAPURA TALUK-576 201.
.... APPELLANT
(BY SRI. NAGARAJA HEGDE, ADVOCATE)
AND:
1. SRI RAMAKRISHNA B G
S/O GANAPATHI B.R.
AGED ABOUT 51 YEARS,
R/O MARKOODU,
KOTESHWARA GRAMA-576201
KUNDAPURA TLAUK
2 . THE NATIONAL INSURANCE CO LTD
BRANCH OFFICE:KUNDAPURA,
SAI TOWERS MAIN ROAD,
KUNDAPURA
KUNDAPURA TALUK-576201
REP BY ITS BRANCH MANAGER ... RESPONDENTS
(BY SRI. A RAVISHANKAR, ADVOCATE FOR R2;
v/O DATED 07.12.2017 NOTICE TO R1 IS DISPENSED
WITH).
2
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED24.01.2017
PASSED IN MVC NO.837/2014 ON THE FILE OF THE
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND
MACT, UDUPI (SITTING AT KUNDAPURA) KUNDAPURA,
PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL COMING ON FOR DICTATING
JUDGMENT THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
This appeal is filed by the claimant seeking
enhancement of compensation awarded by the Addl.
District and Sessions Judge and MACT, Kundapur,
(henceforth referred as Tribunal) in terms of
judgment and award dated 24.01.2017 in MVC
No.837/2014.
2. The claim petition discloses that on
23.08.2014 at about 6:30 p.m the claimant was
sitting on a foot path of the service road of NH-66. At
that time, a car bearing No.KA-15-M-2890
(henceforth referred to as offending car) being driven
by its driver in a rash and negligent manner dashed
against the claimant. As a result, the claimant
suffered grievous injuries to his left leg and he was
shifted to Vivek Hospital, Kundapur, where he was
treated as inpatient. The claimant contended that he
was an inpatient between 23.08.2014 till 29.08.2014.
He contended that he was vending clarified butter and
was earning a sum of Rs.30,000/- per month and as a
result of accident he was deprived of his ability to
earn his livelihood. The claimant alleged that the
driver of the car was negligent and therefore he filed
a claim petition under Section 166 of MV Act, claiming
compensation of Rs.11,25,000/- from the owner and
insurer of the car.
3. The insurer contested the claim petition
and denied the averments of the claim petition as well
as the accident and injuries sustained by the
claimant. It contended that the driver of the car did
not possess a valid license and fitness certificate.
4. Based on the above, the claim petition
was set down for trial. The claimant was examined as
PW-1 and the Doctor who treated him was examined
as PW-2 and they marked documents as Ex.P1 to
Ex.P12, while the insurer marked the insurance policy
of the offending car in question as Ex.R1.
5. The Tribunal held that the accident was
due to rash and negligence driving by the driver of
the offending car in question and this finding of the
Tribunal is not challenged by the insurer.
6. Insofar as the quantum, of compensation
is concerned, the Tribunal noticed that the claimant
was 32 years and did not have any proof of avocation
and income from his avocation. Hence, the Tribunal
considered the notional income of the claimant as
Rs.7,000/- per month. It is noticed from the evidence
of the PW-2 that the claimant had suffered the
following injuries:
1. fracture of left tibia and fubulla
2. fracture of neck of proximal phalangus of
left thumb.
7. It is noticed the evidence of PW-2 that the
claimant had suffered disability of the left limb to an
extent of 20%. Hence, the Tribunal considered the
disability to whole body at 10% and awarded the
following compensation:
Heads under which Amount in
compensation awarded Rupees
Pain & suffering Rs.35,000/-
Loss of income during the Rs.15,000/-
period of treatment
Medical expenses Rs.68,500/-
Future loss of income Rs.1,34,400/-
Towards disability, Rs.10,000/-
deprivation of future
amenities and happiness of
life.
Attendant charges, Rs.5,000/-
conveyance and nourished
food charges and other
expenses
Future medical expenses for Rs.10,000/-
removal of implants
Total Rs.2,77,900/-
8. Being aggrieved by the quantum of
compensation and terming it inadequate, the claimant
has filed this appeal and contends that the Tribunal
had ought to have considered the notional income of
the claimant as Rs.8,500/- per month, as is done by
this Court in the matters referred to Lok Adalat for
settlement. He also contended that the Tribunal ought
to have granted adequate compensation towards pain
and suffering, having regard to the fact, the claimant
had suffered three fractures.
9. Per contra, the learned counsel for the
insurer contended that the compensation awarded by
the Tribunal under conventional heads is just and
proper and does not call for interference by this
Court. However, the learned counsel for the insurer
did not dispute the fact that this Court has considered
the notional income of persons who die or are injured
in road traffic accident in the year 2013 at a sum of
Rs.8,500/- per month.
10. It is noticed that the claimant had suffered
fracture of tibia and fubulla of the left leg and also
fracture of the left thumb. The claimant states that he
was vending clarified butter and therefore, his
avocation involved moving from place to place and
vending the commodity. Therefore, the compensation
awarded by the Tribunal towards loss of amenities
deserves to be enhanced and in addition, the claimant
is also entitled to loss of income during the treatment
of three months and therefore on this ground, the
compensation awarded by the Tribunal deserves to be
enhanced. Therefore, the compensation awarded by
the Tribunal is re-calculated as follows:-
Heads under Amount in
Sl. which Rupees
No. compensation
awarded
Compensation
1 towards pain and Rs.35,000/-
suffering.
Loss of earning
during laid up period
2 Rs.25,500/-
at Rs.8500/- per
month for 3 months
3 Medical expenses Rs.68,500/-
Loss of income due to
4 Rs.1,63,200/-
disability
5 Loss of amenities Rs.25,000/-
Attendant charges,
conveyance and
6 nourished food Rs.5,000/-
charges and other
expenses
Future medical
7. Rs.20,000/-
expenses
Total Rs.3,42,200/-
11. In view of the above, the appeal filed by
the claimant is allowed in part and the
compensation awarded by the Tribunal in
MVC.837/2014 is enhanced to a sum of Rs.3,42,200/-
12. The claimant is entitled to enhanced
compensation of Rs.3,42,200/- payable by the insurer
along with interest @ 6% per annum from the date of
claim petition till the date of realization.
13. The insurer is directed to deposit the
compensation amount awarded by this Court within a
period of one month from the date of receipt of
certified copy of this order.
Sd/-
JUDGE
RKA
