S.N.Venkatesh vs R.Chandrashekar
2021 Latest Caselaw 4882 Kant

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 26TH DAY OF NOVEMBER 2021

                        BEFORE

   THE HON'BLE MR.JUSTICE H.T.NARENDRA PRASAD

               MFA No.3197 OF 2016(MV)

BETWEEN:

S.N. Venkatesh,
S/o Late Narayanappa,
Aged about 52 years,
Residing at No.501/E,
Near Rajanna House,
Madhuranagar, 3rd Stage,
Varthur Post, Bangalore-560 087.        ... Appellant

(By Sri. Jagadish Kumar, Advocate for
Sri. A.Sreenivasaiah, Advocate)

AND:

R.Chandrashekar,
S/o Rajappa Reddy,
No.24, Sorahunse Village and Post,
Varthur,
Bangalore-560 087.                   ... Respondent

(Served and unrepresented)

      This MFA is filed under Section 173(1) of MV Act,
against the Judgment and Award dated:19.02.2016 passed
in MVC No.58/2014 on the file of the 9th Additional Small
Causes Judge, 34th ACMM, Court of Small Causes, Member,
MACT-7, Bangalore, partly allowing the claim petition for
compensation and seeking enhancement of compensation.
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      This MFA, coming on for hearing, this day, this
Court, delivered the following:

                         JUDGMENT

This appeal under Section 173(1) of the Motor

Vehicles Act, 1988 (hereinafter referred to as 'the Act',

for short) has been filed by the claimant being

aggrieved by the judgment dated 19.02.2016 passed

by the Motor Accident Claims Tribunal, Bangalore

(SCCH-7) in MVC No.58/2014.

2. Facts giving rise to the filing of the appeal

briefly stated are that on 16.03.2013 at about 1.15

p.m., the claimant was proceeding on his motorcycle

bearing registration No.KA-03/EG-7100 towards

Valepura. When he reached near S.B.Bricks Factory,

Madhura Nagar - Valepura main road, Varthur, at that

time, the rider of another motorcycle bearing

registration No.KA-03/EG-8455 being ridden by its

rider at a high speed and in a rash and negligent

manner, dashed to the vehicle of the claimant. As a

result of the aforesaid accident, the claimant

sustained grievous injuries and was hospitalized.

3. The claimant filed a petition under Section

166 of the Act seeking compensation. It was pleaded

that he spent huge amount towards medical

expenses, conveyance, etc. It was further pleaded

that the accident occurred purely on account of the

rash and negligent driving of the offending vehicle by

its driver.

4. On service of notice, the respondent

appeared through counsel and filed written statement

in which the averments made in the petition were

denied. The age, avocation and income of the claimant

and the medical expenses are denied. It was pleaded

that the petition itself is false and frivolous in the eye

of law. It was further pleaded that the accident was

due to the rash and negligent riding of the vehicle by

the claimant himself. The claimant was not holding a

valid driving licence as on the date of the accident.

Hence, he sought for dismissal of the petition.

5. On the basis of the pleadings of the parties,

the Claims Tribunal framed the issues and thereafter

recorded the evidence. The claimant himself was

examined as PW-1 and Dr.S.Ramachandra was

examined as PW-2 and got exhibited documents

namely Ex.P1 to Ex.P12. On behalf of the

respondents, two witnesses were examined as RW-1

and RW-2 and got exhibited documents namely Ex.R1

to Ex.R2. The Claims Tribunal, by the impugned

judgment, inter alia, held that the accident took place

on account of rash and negligent riding of the

offending vehicle by its rider, as a result of which, the

claimant sustained injuries. The Tribunal further held

that the claimant is entitled to a compensation of

Rs.3,20,724/- along with interest at the rate of 8%

p.a. and directed the owner of the offending vehicle to

deposit the compensation amount along with interest.

Being aggrieved, this appeal has been filed.

6. The learned counsel for the claimant has

raised the following contentions:

Firstly, due to the accident the claimant has

suffered grievous injuries. He has examined the

doctor who has deposed that the claimant has

suffered 41.9% disability to right lower limb and 21?%

to whole body. The Tribunal has assessed the whole

body disability as 15% which is on the lower side.

Secondly, the claimant has suffered lot of pain

during treatment, he has to suffer the disability and

unhappiness throughout his life. Considering the

same, the compensation awarded by the Tribunal for

'pain and sufferings', 'loss of amenities' and other

incidental expenses is on the lower side. Hence, he

sought for allowing the appeal.

7. Respondent is served and unrepresented.

8. Heard the learned counsel for the

appellant. Perused the judgment and award and the

original records.

9. It is not in dispute that the claimant

suffered injuries in the accident occurred due to rash

and negligent driving of the offending vehicle by its

driver.

Due to the accident the claimant has suffered

undisplaced proximal tibia, medial plateau right leg

both bones fracture, medial 1/3 distal 1/3 fracture of

1st metatarsal right leg and other multiple injuries. He

has examined the doctor as PW-2, who in his

evidence that the claimant has suffered disability of

41.9% to right lower limb and 21% to whole body.

Considering the evidence of the doctor and

considering the injuries suffered by the claimant the

whole body disability assessed by the Tribunal is just

and reasonable.

Due to the accident, the claimant has suffered

grievous injuries and also undergone surgery. He has

suffered lot of pain during treatment and he has to

suffer with the disability stated by the doctor

throughout his life. Considering the same, I am

inclined to enhance the compensation awarded by the

Tribunal under the head of 'pain and sufferings' from

Rs.25,000/- to Rs.40,000/-, 'loss of amenities' from

Rs.10,000/- to Rs.30,000/-, 'loss of income during

laid-up period' for a period of 3 months, i.e.,

Rs.24,000/- (Rs.8,000*3) and 'food, conveyance,

nourishment and attendant charges' from Rs.7,000/-

to Rs.15,000/-.

The compensation awarded by the Tribunal

under other heads is just and reasonable.

10. Thus, the claimant is entitled to the

following compensation:

As awarded As awarded Compensation under by the by this different Heads Tribunal Court (Rs.) (Rs.) Pain and sufferings 25,000 40,000 Medical expenses 84,324 84,324 Food, nourishment, 7,000 15,000 conveyance and attendant charges Loss of income during 16,000 24,000 laid up period Loss of amenities 10,000 30,000 Loss of future income 1,58,400 1,58,400 Future medical expenses 20,000 20,000 Total 3,20,724 3,71,724

The claimant is entitled to a total compensation

of Rs.3,71,724/-.

The owner of the offending vehicle is directed to

deposit the compensation amount along with interest

from the date of filing of the claim petition till the date

of realization, within a period of six weeks from the

date of receipt of copy of this judgment excluding

interest for the compensation awarded under the head

of 'future medical expenses'. The enhanced

compensation carries interest @ 6% p.a.

To the aforesaid extent, the judgment of the

Claims Tribunal is modified.

Accordingly, the appeal is allowed in part.

Sd/-

JUDGE

Cm/-