Karnataka High Court
Ashwini vs S Srinath S/O Prabhakar Shetty on 2 February, 2022
Bench: S.Vishwajith Shetty
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 02 N D DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
M.F.A. No.100863/2016 (MV)
BET WEE:
ASHWIN I D/O MAHANTESH @ MAHANTAPPA .H.
AGED AB OUT : 23 Y EARS,
OCC:T AILORING A ND ST UDENT,
TQ: AYODHYA, TQ: GANGAVATHI,
DIST: KOPPAL.
...APPELLANT
(BY SRI.B .SHARANAB ASAWA, ADVOCATE)
AND
1. SRI. S.SRINATH S/O PRAB HAKAR SHETTY,
AGED AB OU T: 44 YEARS,
OCC: DRIVER OF THE T RAX BEARING No.KA-26/ 4215,
R/O.WARD No.18, RAYARA ONI,
GANGAVATHI, DIST : KOPPAL.
2. LAX MAPPA S/O HANU MANTHA NAVALAHALLI,
AGED AB OU T 46 YEARS,
OCC: OWNER OF TRAX B EARING No.KA-26/ 4215,
R/O: CHIKKADANKANAKAL,
TQ: GANGAVATH I, DIST: KOPPA L.
3. THE DIV IS IONAL MANAGER,
DIV IS ION OFF ICE,
U NIT ED INDIA INSU RANCE COMPANY LIMIT ED,
RAICHU R THROU GH IT S B RANCH MANAGER,
U .I. INSU RANCE COMPANY LIM IT ED,
B RANCH OFFICER SANMAN COMPLEX ,
C.B .S., CIRCLE GANGAVATHI.
...RESPONDENTS
(BY SRI.S.S.JOSHI, ADVOCATE FOR R3; R1 - SERVED;
R2 - NOT ICE DISPENSED WITH)
2
THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER
SECTION 173(1) OF MOTOR VEH ICLES ACT, 1988, AGAINST
THE J UDGMENT AND AWARD DATED 11.12.2015 PASS ED IN
MVC No.202/ 2013 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIB U NAL,
GANGAVATH I, PAR TLY ALLOWING THE CLAIM PET IT ION FOR
COMPENSAT ION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEA L COMING ON FOR ORDERS, THIS DAY THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The claimant has preferred this appeal challenging
the quantum of compensation awarded by the Motor
Accid ent Claims Tribunal, at Gangavathi, ( hereinafter
referred to as the 'Tribunal', for brevity) in MVC
No. 202/2013 vide its judgment and award dated
11.12.2015.
2. Though this appeal is listed for orders, with
the consent of the learned counsel appearing for the
parties, the appeal is taken up for final disposal.
3. The parties to this appeal are referred to
by their rankings before the Tribunal for the sake of
convenience.
4. The brief facts of the case that would be
relevant for the purpose of disposal of this appeal
are:
On 20.04.2013 at about 1.00 p.m. the claimant
was proceeding in a motorcycle bearing registration
No.KA-26/4215, as a pillion rider. When the
motorcycle reached near Karatagi-Sindhanur main
road, the offending Tempo Trax bearing registration
No.KA-26/4215, which was driven by its driver in a
rash and negligent manner, dashed against the
motorcycle in which the claimant was traveling and
caused the accident. In the said accident, the
claimant had suffered grievous injuries and he was
admitted in the private hospital at Gangavathi,
wherein he was treated for the injuries suffered by
him in the accident. The claimant had
thereafterwards filed a claim petition under Section
166 of the Motor Vehicles Act, 1988, claiming
compensation from the driver, owner and Insurer of
the offending Tempo Trax. The tribunal had partly
allowed claim petition awarding compensation of
`1,52,842/- with interest at 6% p.a. from the date of
petition till realization and had saddled the liability to
pay the compensation amount on the 3 r d respondent
- Insurance Company. The liability has not been
disputed by the Insurer. Being not satisfied with the
quantum of compensation awarded, the claimant is
before this Court in this appeal.
5. Learned counsel for the claimant submits
that the compensation awarded under various heads
by the tribunal is on the lower side. He submits that
the notional income taken at `5,000/- per month is
also on the lower side.
6. Per contra, learned counsel appearing for
the Insurer submits that the compensation awarded
by the tribunal is just and proper and needs no
interference. Accordingly, he prays to dismiss the
appeal.
7. The accident in question is not in dispute,
so also the involvement of the offending vehicle in
the said accident. The claimant had suffered grievous
injuries in the said accident and was admitted in a
private hospital at Gangavathi. The material on
record would go to show that, the claimant had
suffered fracture of pelvic bone, in addition to the
other injuries on her body. The claimant had
contended that she was a tailor by profession and she
was earning a sum of `6,000/- per month and the
tribunal has erred in considering the income of the
claimant at `5,000/- per month, having regard to the
fact that the accident in question had taken place in
the year 2013. Therefore income of the claimant is
taken at `6,000/- per month. The claimant had
suffered 10% disability to on her whole body. Having
regard to the age of the claimant, the proper
multiplier applicable would be 18. Therefore towards
'loss of future income', claimant is entitled for a sum
of ` 1,29,600/- (6,000x12x18x10%) as against
`1,08,000/- awarded by the tribunal. Towards 'pain
and suffering' and also towards 'loss of amenities in
future life', the claimant is entitled for a
compensation of ` 30,000/- each and towards 'loss of
earning during treatment period' the claimant is
entitled for a compensation of ` 18,000/- and
towards 'Incidental expenses', the claimant is
entitled for a compensation of ` 10,000/-. The
compensation awarded towards 'medical
reimbursement', remains unaltered.
8. Therefore, in all the claimant is entitled for
a compensation of ` 2,32,442/ - as against
compensation of `1,52,842/- awarded by the
tribunal. Accordingly the following:
ORDER
The appeal is allowed in part.
The claimant is entitled for an enhanced
compensation of `79,600/- in addition to the
compensation awarded by the Tribunal. The enhanced
amount of compensation shall carry interest at 6%
p.a. from the date of petition till realization.
The liability to pay compensation is not disputed
by the 3rd respondent-Insurer and therefore the
enhanced amount of compensation amount along with
interest shall be deposited by the Insurer before the
tribunal within the period of six weeks from the date
of receipt of certified copy of this order.
Since the enhanced amount of compensation is
meager, the entire amount shall be released in favour
of the claimant before tribunal on proper
identification.
Sd/-
JUDGE
AC
