Karnataka High Court
Sri Siddaraju vs The Director on 5 January, 2021
Author: S.Sujatha And M.I.Arun
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2021
PRESENT
THE HON'BLE MRS.JUSTICE S.SUJATHA
AND
THE HON'BLE MR. JUSTICE M.I.ARUN
M.F.A.No.9296/2018 (MV)
BETWEEN :
SRI SIDDARAJU
S/O NARAYANACHARI,
AGED ABOUT 33 YEARS,
R/AT BONTHAGALLI VILLAGE,
SRIRANGAPATNA TALUK
MANDYA DISTRICT-571438 ...APPELLANT
(BY SRI P.NATARAJU, ADV.)
AND :
1. THE DIRECTOR
M/s SHAH MOBIKES PVT. LTD.,
NO.2776/L4, SRI HARSHA ROAD,
LASHKAR MOHALLA,
MYSURU-570 001
2. THE NATIONAL INSURANCE CO. LTD.,
NEAR JAYAMMA GOVINDEGOWDA,
SIGNAL LIGHT,
ADICHUNCHANAGIRI ROAD,
KUVEMPUNAGARA,
MYSURU-570023 ...RESPONDENTS
(BY SRI E.I.SANMATHI, ADV. FOR R-2; R-1 SERVED.)
-2-
THIS M.F.A. IS FILED UNDER SECTION 173(1) OF
M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED
19.03.2018 PASSED IN MVC No.651/2016 ON THE FILE OF THE
PRINCIPAL JUDGE, COURT OF SMALL CAUSES, AS A
PRESIDING OFFICER, MACT, MYSURU, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
S. SUJATHA, J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is directed against the judgment and
award dated 19.03.2018 passed in MVC No.651/2016
on the file of the Motor Accidents Claims Tribunal at
Mysuru ('Tribunal' for short).
2. The claimant instituted the petition under
Section 166 of the Motor Vehicles Act, 1988 claiming
compensation for the injuries sustained by him in the
road traffic accident.
3. It was averred in the claim petition that on
05.12.2015 at about 10.00 a.m. when the claimant was
proceeding on the motorcycle bearing registration
No.KA-11-U-6574 carefully, near Cauvery Hospital,
Bannur Road, Yaraganahalli Mysuru City, the driver of
the car bearing registration No.KA-55-M-1100 (offending
vehicle) came in a high speed in a rash and negligent
manner and dashed to his motorcycle, due to which he
fell down and sustained injuries. Immediately, the
claimant was shifted to Cauvery Hospital, wherein he
took treatment as an inpatient and incurred huge
medical expenses. It was contended that the claimant
was working as Carpenter by profession and earning a
sum of Rs.1,000/- per day. Due to the impact of the
accidental injuries, his earning capacity has been
seriously affected; he is not in a position to do his
carpentry work as earlier and thereby he has suffered
physically, mentally and financially. On these set of
facts and grounds, the claimant has sought for the
compensation.
4. On issuance of summons, the respondent
No.1, owner of the car remained absent and was placed
ex-parte. The insurance company appeared through its
counsel and contested the claim. Objections were filed
by the insurer denying the petition averments. The
primary defence set up was that there was a delay in
lodging the complaint. However, admitting the issuance
of the policy, it was contended that the liability, if any,
is subject to the terms and conditions of the policy,
valid driving licence, RC permit and FC of the vehicle in
question. On these grounds, the insurer sought for the
dismissal of the petition.
5. On the basis of the pleadings, the issues
were framed and answered as per the reasons recorded
in the impugned judgment allowing the petition in part
awarding total compensation of Rs.2,47,100/- with
interest at the rate of 8% per annum from the date of
the petition till its realisation.
6. Being dissatisfied, the claimant has
preferred the present appeal seeking for enhancement of
compensation.
7. Learned counsel for the appellant/claimant
submitted that the claimant has suffered grievous
injuries in the accident in question. He was
hospitalized for about 11 days and the impact of the
accidental injuries for the rest of his life is being
apparent, the Tribunal ought to have awarded just and
proper compensation under the different heads, the
same being on a lower side deserves to be enhanced
substantially.
8. Learned counsel for the insurer justifying
the impugned judgment and award submitted that on
appreciation of oral and documentary evidence, the
Tribunal has awarded just compensation and the same
deserves to be confirmed dismissing the appeal.
9. We have carefully considered the rival
submissions of the learned counsel appearing for the
parties and perused the materials on record.
10. The factum of accident and the injuries
sustained by the claimant in the said accident are not
in dispute. The Tribunal has determined the monthly
income of the claimant notionally at Rs.9,000/-. The
same being reasonable, we do not find any infirmity in
determining the notional income. The doctor who was
examined as PW.2 has assessed the functional disability
at 10.3%. Considering the nature of work and the
percentage of disability assessed by the doctor, the
Tribunal has assessed the disability at 5%. Given the
circumstances, we do not find any ground to interfere
with the same. However, having regard to the nature of
injuries sustained and its impact for the rest of the life
of the claimant, we deem it appropriate to award a sum
of Rs.50,000/- towards pain and suffering; a sum of
Rs.50,000/- towards loss of amenities of life. In all other
respects, the compensation awarded by the Tribunal
being just and reasonable remains undisturbed.
11. For the reasons aforesaid, the total
compensation awarded by the Tribunal is re-assessed
as under:
Sl.No. Particulars Amount [in Rs.]
1. Pain and sufferings 50,000/-
Towards Medical
2. Expenses and 60,000/-
nourishment
Loss of income during
3. 30,300/-
laid up period and rest
4. Loss of future income 91,800/-
5. Loss of amenities of life 50,000/-
Towards future medical
6. 20,000/-
expenses
Total 3,02,100/-
Thus, the claimant shall be entitled to total
compensation of Rs.3,02,100/- with interest at the rate
of 6% per annum on the enhanced compensation
amount from the date of the claim petition till the date
of realization.
12. Hence, the following:
ORDER
i) The appeal is allowed in part.
ii) The total compensation awarded by the
Tribunal is modified and enhanced to
Rs.3,02,100/- (Rupees Three Lakhs Two
Thousand One Hundred only) as against
Rs.2,47,100/- with interest at the rate of
6% per annum on the enhanced
compensation amount from the date of
the claim petition till its realization.
iii) The portion of the order of the Tribunal
inasmuch as liability and disbursement
remains intact.
iv) The insurance company shall deposit the
amount determined as aforesaid before
the Tribunal within 90 days from the date
of receipt of the certified copy of the
judgment and order.
v) The modified compensation amount shall
be disbursed in terms of the order of the
Tribunal.
vi) Draw modified award accordingly.
vii) All pending I.As. stand disposed of
accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
PMR
