Karnataka High Court
Sri. Nithish vs Sri. Mohammed Shakeer on 4 January, 2021
Author: Nataraj Rangaswamy
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY 2021
BEFORE
THE HON'BLE MR. JUSTICE NATARAJ RANGASWAMY
MISCELLANEOUS FIRST APPEAL NO.2473 OF 2017 (MV)
BETWEEN:
SRI NITHISH,
S/O VENKAPPA POOJARY,
AGED 27 YEARS,
RESIDING AT BANADKA HOUSE,
PADUMARNADU VILLAGE,
BELUVAI POST, MANGALURU,
D.K. - 574 213.
... APPELLANT
[BY SRI. JEEVAN K., ADVOCATE [PHYSICAL HEARING]
AND:
1. SRI MOHAMMED SHAKEER,
S/O ISMAIL,
AGED 45 YEARS,
R/AT SHAKEER MANZIL,
NEAR GOVT. HIGH SCHOOL,
KOTEBAGILU MOODABIDRI,
MANGALURU,
D.K. - 574 227.
2. THE BRANCH MANAGER
NATIONAL INSURANCE CO. LTD.,
1 FLOOR, NITHYANANDA COMPLEX,
2
NEAR BUS STAND, MOODABIDRI,
D.K. - 574 227
... RESPONDENTS
[BY SRI. SHIVARAJ PATIL, ADVOCATE FOR RESPONDENT
NO.2 [PHYSICAL HEARING;
R-1 SERVED AND UNREPRESENTED]
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT,
1988 AGAINST THE JUDGMENT AND AWARD DATED
23.08.2016 PASSED IN M.V.C.NO.573/2015 ON THE FILE
OF THE IV ADDL. DISTRICT JUDGE AND MEMBER, MACT,
D.K., MANGALURU, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION
THIS APPEAL COMING ON FOR ADMISSION THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Though this appeal is listed for admission, with the
consent of learned Counsel for the parties, it is taken up
for final disposal.
2. This appeal is filed by the claimant seeking
enhancement of compensation awarded by the IV
Additional District Judge and Member, MACT, D.K.,
Mangaluru, (henceforth referred to as 'Tribunal') in MVC
No.573/2015 dated 23.8.2016.
3. The appellant shall henceforth be referred as
claimant while the respondents 1 and 2 shall be referred as
owner and insurer of the bus bearing registration number
KA-19-AA-2366.
4. The impugned judgment and award discloses
that, on 6.2.2015, when the claimant was riding a motor
bike bearing registration No.KA-19-EL-4088 from
Kaikamba Junction towards Polali Dwara, along with a
pillion rider, a bus bearing registration No. KA-19-AA-2366
(henceforth referred to as offending bus) driven in rash
and negligent manner was steered from opposite direction
which dashed against the motor bike of the claimant. As a
result, the claimant and the pillion rider fell on the road.
The claimant sustained forehead CLW fracture, left forearm
DRUJ Fracture (wrist fracture), shoulder Crepitus fracture
and right AC joint dislocation. The claimant was shifted to
Tejashwini hospital where he was admitted as an inpatient
on 6.2.2015. The claimant contended that he was working
as a Service Operator in Preethi Home Appliance Private
Limited and was earning Rs.14,000/- per month along with
Rs.400/- per day towards TA, DA and was earning up to
Rs.15,000/- from servicing kitchen appliances at Srinidhi
Service Centre. The claimant, therefore, alleged
actionable negligence by the driver of the offending bus
and thus, filed a claim petition under Section 166 of Motor
Vehicles Act, 1988, claiming compensation of
Rs.7,00,000/- from the owner and insurer of the offending
said bus. The insurer contested the claim petition and
contended that it was the claimant who was negligent and
who contributed to the accident. The insurer disputed the
fact that the offending bus was insured by it.
5. Based on the rival contentions of the parties, the
claim petition was set down for trial. The claimant was
examined as P.W.1 and he examined three other witnesses
as P.Ws.2 to 4 and marked 21 documents as Exs.P.1 to
P.21. The insurer examined two witnesses as R.Ws.1 and
2 and marked the documents as Exs.R.1 and R.2.
6. Based on the available evidence, the Tribunal
held that the accident in question occurred due to the
negligence on the part of the driver of the bus. This
finding is not challenged by the insurer. Insofar as the
quantum of compensation is concerned, the Tribunal
considered the salary slip of the claimant and held that the
claimant was earning a monthly income of Rs.9,492/- per
month and having regard to the evidence of P.W.2 that the
claimant had suffered grievous injuries, it awarded the
following compensation:
A Pain and suffering Rs. 25,000.00
B Loss of income on the basis of Rs. 30,000.00
disability
C Loss of income during laid up period Rs. 19,000.00
D Loss of amenities in life Rs. 10,000.00
E Medical expenses Rs. 26,500.00
F Attendant & Misc. Expenses Rs. 5,000.00
Total Rs.1,15,500.00
Feeling aggrieved by the quantum of compensation
awarded by the Tribunal, the claimant is in appeal.
7. The claimant contends that the compensation
needs to be enhanced towards loss of income during the
laid up period, loss of amenities in life, attendant and
miscellaneous expenses as well as towards the pain and
suffering undergone by the claimant. However, learned
Counsel for the insurer contends that the Tribunal was
justified in awarding compensation of Rs.1,15,500/-.
8. I have given my anxious consideration to the
contentions canvassed by the learned Counsel for the
parties and perused the records of the Tribunal as well as
its judgment and award.
9. It is seen from the evidence on record that the
claimant had suffered the injuries as stated supra. It is
also seen that the claimant was employed as a Service
Operator in Preethi Home Appliance Private Limited and
was earning Rs.1,53,096/- per annum. The Tribunal ought
to have awarded just compensation, having regard to the
age of the claimant as well as the injuries sustained by the
claimant, towards loss of income during the laid up period
for three months in stead of two months.
10. In that view of the matter, it is appropriate that
this Court enhances the compensation as follows:
A Pain and suffering Rs. 40,000.00
B Loss of income due to disability Rs. 30,000.00
C Loss of income during laid up period Rs. 30,000.00
for three months (Rs.9,500 x 3 =
Rs.28,500/- rounded of to
Rs.30,000/-)
D Loss of amenities in life Rs. 20,000.00
E Medical expenses Rs. 26,500.00
F Attendant & Misc. Expenses Rs. 10,000.00
Total Rs.1,56,500.00
11. In view of the above, the appeal is allowed in
part. The compensation of Rs.1,15,500/- awarded by the
Tribunal in MVC No.573/2015 is enhanced to Rs.1,56,500/-
which is payable by the insurer along with interest at 6%
p.a. from the date of petition till realization. The insurer
shall deposit the amount of Rs.1,56,500/- along with
interest at 6% p.a. from the date of petition till realization
within one month from the date of receipt of a certified
copy of this judgment.
Sd/-
JUDGE
Cs
