Karnataka High Court
Srinivas S/O Thimmappa vs Bhimanna S/O Nagaraj 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
MISCELLANEOUS FIRST APPEAL No.101262/2016 (MV)
BETWEEN
SRINIVAS S/O THIMMAPPA,
AGE: 30 YEARS, OCC: BUSINESS,
R/O. MOLAKALMURU, CHITRADURGA DIST,
NOW PRESENTLY AT GUGGARAHATTI,
BALLARI DISTRICT.
...APPELLANT
(BY SRI.MANJUNATH JADAI, ADVOCATE)
AND:
1. BHIMANNA N. S/O. NAGARAJ,
MAJOR, RIDER OF THE MOTOR VEHICLE
BEARING No.KA-16/X-0144,
R/O. MOLAKALMURU, CHITRADURGA DIST.
2. SRINIVAS V. S/O. VENKATESH G
MAJOR, OWNER OF THE MOTOR CYCLE
BEARING No.KA-16/X-0144,
R/O. MOLAKALMURU, CHITRADURGA DIST.
3. THE MANAGER,
RELIANCE GENERAL INSURANCE COMPANY LIMITED,
BALLARI.
...RESPONDENTS
(BY SRI.SURESH GUNDI, ADVOCATE FOR R3)
R1 & R2 - NOTICE DISPENSED WITH)
2
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD
DATED 03.09.2015, PASSED IN MVC No.451/2013 ON THE FILE
OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL 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 Motor
Accid ent Claims Trib unal-II, at Ballari ( hereinafter
referred to as the 'Tribunal', for brevity) in MVC
No. 451/2013 vide its judgment and award dated
03.09.2015.
2. Though this appeal is listed for orders, with
the consent of the learned counsels 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 15.12.2012 at about 3.00 p.m. when the
claimant was traveling in a motorcycle bearing
registration No.KA-16/X-2194 from Rayadurga Road
towards Molakalmuru, as a pillion rider, the offending
vehicle bearing registration No.KA-16/X-0144 which
was driven in a rash and negligent manner by its
driver, came from the opposite side and 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 hospital, wherein he was
treated as an inpatient for the injuries sustained by
him in the accident. The claimant had
thereafterwards filed a claim petition under Section
166 of the Motor Vehicles Act, 1988 (for short, the
'Act'), claiming compensation of `10,00,000/- with
interest from the owner and the insurer of the
offending vehicle. The Tribunal had partly allowed
the said claim petition and awarded compensation of
`1,51,410/- with interest at 6% per annum from the
date of petition till realization and saddled the
liability to pay the compensation on the 3rd
respondent - Insurer of the offending vehicle. The
liability has not been disputed by the Insurer. Being
not satisfied with the quantum of compensation
awarded, the claimant is before this Court.
5. Learned counsel for the claimant submits
that the compensation awarded by the tribunal on all
heads is on the lower side. He submits that the
tribunal has not awarded any compensation towards
incidental expenses. He therefore prays to allow this
appeal.
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
and so also the involvement of the offending
motorcycle in the said accident, in which claimant
had suffered grievous injuries and he was treated as
an inpatient in a private hospital. The claimant had
suffered fracture of left lower end of femur, in
addition to other simple injuries on his body. He was
treated as an inpatient for about 23 days and
operation was conducted on his left leg and steel rod
has been inserted. The accident is of the year 2012
and the notional income of the claimant has been
taken at `5,000/- per month. Having regard to the
income chart maintained by the Karnataka Legal
Services Authority for the purpose of disposal of
motor accident cases in the Lok Adalath, the notional
income of the claimant was required to be taken at
`6,500/- per month. The claimant has suffered
disability to the tune of 8% on the whole body.
Having regard to the age of the claimant, the proper
multiplier applicable would be '17'. In the said event
the claimant would be entitled for a sum of
` 1,06,080/- (`6500x12x17x8%) towards 'loss of
future income due to disability' as against `81,600/-
awarded by the tribunal. Towards 'pain and
suffering', the claimant is entitled for a total
compensation of ` 30,000/- as against `25,000/-
awarded by the tribunal. The compensation awarded
towards 'medical expenses' remains unaltered.
Towards 'loss of income during laid up period', the
claimant is entitled for sum of ` 19,500/- as against
`5,000/- awarded by the tribunal. The Compensation
awarded towards 'future medical expenses' and
towards 'loss of marriage prospects' remains
unaltered. Towards 'unhappiness and loss of
amenities', the claimant is entitled for a
compensation of ` 30,000/- as against `5,000/-
awarded by the tribunal. Towards 'incidental
expenses', the claimant is entitled for a further sum
of ` 10,000/-.
8. Therefore, the claimant is entitled for a
total sum of ` 2,30,390/- as against `1,51,410/-
awarded by the Tribunal. Accordingly, the following:
ORDER
The appeal is allowed in part.
The claimant is entitled for an enhanced
compensation of `78,980/-. The enhanced amount of
compensation shall carry interest at 6% per annum
from the date of petition till realization.
Since the liability is not disputed, the Insurer of
the offending vehicle is directed to deposit the
enhanced compensation amount with interest before
tribunal within six weeks from the date of receipt of
certified copy of this order.
Since the enhanced amount of compensation is
meager, the claimant is entitled to withdraw the said
amount before tribunal on proper identification.
Sd/-
JUDGE
AC
