Karnataka High Court
Mrs Sundaramma vs Mr Krishna on 4 January, 2021
Author: S.Sujatha And M.I.Arun
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2021
PRESENT
THE HON'BLE MRS. JUSTICE S. SUJATHA
AND
THE HON'BLE MR. JUSTICE M.I.ARUN
MFA NO.2492 OF 2018 (MV)
BETWEEN:
MRS. SUNDARAMMA
W/O NAGARAJAPPA
AGED ABOUT 42 YEARS
R/AT ADIBETTAHALLI
VILLAGE, T.NARASIPURA TALUK
MYSURU DISTRICT - 571 110 ... APPELLANT
(BY SMT. ANUSHA NANDISH, ADV.)
AND:
1. MR. KRISHNA
S/O PEDDAPADASABHOVI
AGED MAJOR, R/AT
POOJARI BHOVI
DODDI VILLAGE
RAMAPURA HOBLI
KOLLEGALA TALUK
CHAMARAJANAGARA
DISTRICT - 571 440
2. THE BRANCH MANAGER
UNITED INDIA INSURANCE
CO. LTD., TB HUB
BALLAL CIRCLE
MYSURU - 571 110 ... RESPONDENTS
(BY R-1 NOTICE DISPENSED WITH;
SRI. S. SRI SHAILA, ADV. FOR R-2)
2
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT AGAGINST THE JUDGMENT AND AWARD
DATED 04.01.2018 PASSED IN MVC NO.312 OF 2016 ON THE
FILE OF THE SENIOR CIVIL JUDGE AND MACT, TIRUMAKUDALU
NARASIPURA PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS MFA COMING ON FOR ADMISSION, THIS DAY,
M.I.ARUN J., DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the judgment and award passed in MVC
No.312/2016 by the Senior Civil Judge and MACT,
Tirumakudalu Narasipura dated 04.01.2018, the petitioner
therein has preferred this appeal.
2. For the sake of convenience, parties are referred to
as per their ranking before the Tribunal.
3. The brief facts of the case are that on 09.10.2015
at about 9.30 a.m. the petitioner alongwith one
Nagarajappa was proceeding on Hero Honda Passion PRO
motor cycle bearing No.KA-55-H-3135 near Somwarpet bus
stand. A Tractor bearing registration No.KA-10-T-4394 and
Trailer bearing registration No.KA-42-T-7042 being driven in
a rash and negligent manner dashed against the motor
cycle. Due to the impact, the petitioner sustained the
following injuries:-
a) Crush injury avulsion thigh left lower limb,
b) Avulsion temporal frontal sink fissure with cheek,
c) Avulsion temporal scalp and lunation forearm left
It also resulted in amputation of the left lower limb
above the knee and flap cover was done.
4. The petitioner had remained admitted at District
Hospital, Chamarajanagar from 09.10.2015 to 15.10.2015.
Thereafter, she was shifted to Shubodaya Hospital, Mysuru
where she has taken treatment as an inpatient from
16.11.2015 to 20.11.2015.
5. For the aforementioned reasons, the petitioner
preferred MVC No.312/2016.
6. After service of notice, the respondents have
appeared before the Tribunal and filed their objections
denying their liabilities. Respondent No.1 is the owner of the
Tractor and Trailer and respondent No.2 is the Insurance
Company with whom the offending tractor and trailer has
been insured.
7. The petitioner got herself examined as PW-2 and
rider of the motor cycle Sri.Nagarajappa was examined as
PW-1. Ex.P1 to Ex.P13 were marked. The respondents got
examined two witnesses and got marked 6 documents.
Through Court Commissioner, 7 documents have been
marked.
8. Based on the pleadings and the evidence let in, the
Tribunal has concluded that the accident has happened due
to rash and negligent driving of the offending Tractor and
Trailer.
9. The Tribunal has awarded a total compensation of
Rs.11,63,970/- to the petitioner due to the accident and the
injuries suffered by her. Not satisfied by the award, the
petitioner has preferred this appeal.
10. The factum of accident and the injuries suffered
by the petitioner is not in dispute. The only question that
arises for consideration is as to the quantum of
compensation.
11. The accident happened in the year 2015. It is
contended that the petitioner was attending house hold
work and was also doing tailoring and was earning about
Rs.10,000/- p.m. However, no evidence is produced
regarding her income. Hence, the Tribunal has fixed her
income notionally at Rs.5,000/- p.m. for the purposes of
assessment of compensation. It is contended that the same
is on the lower side. It is seen that as per the chart
prepared by the Karnataka State Legal Services Authority in
consultation with the Insurance Companies, the notional
income agreed to be taken for the year 2015 is Rs.9,000/-
per month. The petitioner has suffered permanent disability
and she is not able to work as she used to do earlier. She
was aged about 40 years at the time of the accident. Based
on the opinion of the Doctor, the Tribunal has held that the
petitioner has suffered a functional disability to her whole
body at 50%. The same is not disputed. Given her age, a
multiplier of '15' is applicable. Thus, towards the loss of
future income, the petitioner would be entitled to a sum of
Rs.8,10,000/- (9000 x 12 x 15 x 50%) as against
Rs.4,50,000/- awarded by the Tribunal.
12. Given the nature of injuries towards pain and
sufferings, we deem it appropriate to grant a sum of
Rs.50,000/- as against Rs.30,000/- awarded by the
Tribunal. Towards loss of amenities, we deem it appropriate
to grant a sum of Rs.50,000/- as against Rs.20,000/-
awarded by the Tribunal. Based on her income towards the
loss of income during laid up period or treatment period, we
deem it appropriate to grant a sum of Rs.27,000/- as
against Rs.10,000/- awarded by the Tribunal. The Tribunal
has not awarded any amount towards future medical
expenses. We deem it appropriate to grant a sum of
Rs.25,000/- under the said head. We do not find any error
in the amounts awarded on the count of attendant charges
and medical bills and hospitalization charges. We hold the
same is appropriate. Thus, in all the compensation granted
under various heads is as follows:-
Sl. Particulars Amount Amount
No. awarded by presently
Tribunal awarded
1. Pain and suffering Rs. 30,000 Rs.50,000
2. Loss of amenities Rs. 20,000 Rs.50,000
etc.
3. Loss of income Rs. 10,000 Rs.27,000
during laid up
period
4. Attendant's charges Rs. 15,000 Rs.15,000
etc.
5. Medical bills and Rs. 6,38,970 Rs.6,38,970
hospitalization
charges
6. Loss of future Rs. 4,50,000 Rs.8,10,000
income
7. Future medical - Rs.25,000
expenses
Total Rs.11,63,970 Rs.16,15,970
13. 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.16,15,970/- (Rupees Sixteen Lakhs Fifteen
Thousand and Nine Hundred and Seventy only)
as against Rs.11,63,970/- which shall carry
interest at the rate of 6% per annum 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.
Sd/-
JUDGE
Sd/-
JUDGE
MH/-
