Basavaraj S/O Eranna vs S. Nagabhushan S/O Thippeswamy
2022 Latest Caselaw 1650 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

      DATED THIS THE 3RD DAY OF FEBRUARY, 2022

                           BEFORE

     THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY

       MISCELLANEOUS FIRST APPEAL No.101455/2016(MV)

BETWEEN:

BASAVARAJ S/O ERANNA
AGED ABOUT 30 YEARS
OCC: BAILDAR MESTRI
R/O: W.NO.21, SIDDHARTHA COLONY,
NEAR CHAITHNYA COLLEGE, BALLARI
                                             ...APPELLANT
(BY MS. SOUBHAGYA VAKKUND FOR SRI Y. LAKSHMIKANT REDDY,
ADVOCATE)

AND:

1.     S. NAGABHUSHAN S/O THIPPESWAMY
       AGED ABOUT 37 YEARS
       RIDER OF THE MOTORCYCLE BEARING
       REGN NO.KA-34/S-9135
       R/O: D.NO.32, W.NO.14, SHIVA TEMPLE STREET
       MILLERPET, BALLARI.

2.     H.GOVINDARAJULU S/O ERANNA
       AGED ABOUT 40 YEARS
       OWNER OF THE MOTORCYCLE BEARING
       REGN NO.KA-34/S-9135
       R/O: MAHANANDHIKOTTA
       TALLUR ROAD, BALLARI.

3.     THE DIVISIONAL MANAGER
       M/S NATIONAL INSURANCE COMPANY LIMITED
       MAIN ROAD, PARVATHI NAGAR, BALLARI.
                                               ...RESPONDENTS
(BY SRI S S JOSHI, ADVOCATE FOR R3; R2 - SERVED;
    R1 - NOTICE DISPENSED WITH)
                                  2




      THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 09.03.2016 PASSED IN MVC
NO.326/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT
CLAIMS TRIBUNAL-XII, BALLARI, 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

The instant appeal is filed by the claimant being

not satisfied with the quantum of compensation

awarded by the MACT-XII, Ballari (hereinafter

referred to as 'the Tribunal', for brevity) in MVC

No.326/2014 vide its judgment and award dated

09.03.2016.

2. Though this appeal is listed for admission,

with the consent of learned advocates appearing on

both sides, the same is taken up for final disposal.

3. The parties to this appeal are referred to by

their rankings assigned to them 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 case are;

On 21.02.2014 at about 11.30 pm, when the

claimant was waiting for the bus at Shivapura village

bus stand after attending the car festival at Moka

village, the offending motorcycle bearing registration

No.KA-34/S-9135, which was driven in a rash and

negligent manner by its rider dashed against him and

another and in the said accident, the claimant

suffered grievous injuries. He was immediately

shifted to a private hospital, wherein he was

admitted and treated for a period of 32 days. The

claimant therefore had filed a petition under Section

166 of the Motor Vehicles Act, claiming compensation

of `6,00,000/- with interest from the rider/owner and

Insurer of the offending motorcycle. The Tribunal

had partly allowed the said claim petition and

awarded a compensation of `2,12,000/- to the

claimant with interest at 7% p.a. from the date of

petition till the date of deposit. The liability to pay

the compensation was saddled on the third

respondent - Insurer. Being not satisfied with the

quantum of compensation awarded by the Tribunal,

the claimant is before this Court.

5. Learned counsel for the claimant submits

that the compensation awarded under all the heads is

on the lower side. She submits that the notional

income of the claimant was taken on the lower side,

which has resulted in granting of a meager

compensation. She submits that the Tribunal has not

awarded compensation towards loss of income during

laid up period. She also submits that, though the

doctor had assessed the disability suffered by the

claimant at 40%, the whole body disability has been

considered by the Tribunal at 10%, which is on the

lower side. Accordingly, she prays to allow the

appeal.

6. Per contra, learned counsel appearing for

the Insurer has argued in support of the judgment

and award passed by the Tribunal and submits that

just and proper compensation has been awarded by

the Tribunal and therefore, the same does not call for

any interference. Accordingly, he prays to dismiss

the appeal.

7. I have carefully considered the rival

arguments and also perused the material on record.

8. The undisputed facts of the case are that,

on 21.02.2014, the claimant had suffered injuries in

the accident that was caused by the rider of the

offending motorcycle bearing registration No.KA-

34/S-9135 and the said motorcycle was insured with

the third respondent - Insurer which was valid as on

the date of accident. The claimant had suffered

totally four injuries, out of which three injuries were

grievous in nature. The claimant was admitted as an

inpatient in VIMS Hospital, Ballari, for a period of 32

days. As submitted by the learned counsel for the

claimant, the wound certificate at Ex.P3 would reveal

that the claimant had suffered three fracture injuries.

The accident is of the year 2014. The notional

income of the claimant has been considered at

`5,000/- per month by the Tribunal. As per the

income chart maintained by the Karnataka State

Legal Services Authority, for the purpose of disposal

of the motor vehicle accident cases before the Lok

Adklath, in the absence of any proof of income, the

notional income of the claimant ought to have been

taken at `7,500/- having regard to the year of the

accident. As rightly contended by the learned

counsel for the claimant, the disability to the whole

body ought to have been considered by the Tribunal

at 13% and if the multiplier of 17 is made applicable,

towards 'loss of future earning due to disability', the

claimant will be entitled for a sum of ` 1,98,900/-

(`7500x12x17x13%) as against `1,02,000/- awarded

by the Tribunal. Towards 'pain and suffering', the

claimant is entitled for a compensation of ` 75,000/-

as against `50,000/- awarded by the Tribunal. The

compensation awarded towards 'medical and

incidental expenses' remains unaltered. Towards

'loss of earning during the laid up period', the

claimant is entitled for a compensation of ` 22,500/-

and towards 'loss of future amenities in life', the

claimant is entitled for a sum of ` 30,000/- as

against `10,000/- awarded by the Tribunal.

9. Therefore, in all the claimant is entitled for

a compensation of ` 3,76,400/- as against

`2,12,000/- awarded by the Tribunal. Accordingly,

the following:

ORDER

The appeal is allowed in part.

The claimant is entitled for an enhanced

compensation of `1,64,400/- 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.

Since the liability has not been disputed by the

Insurer, the Insurer is directed to deposit the

enhanced amount of compensation with interest

before the Tribunal within a period of six weeks from

the date of receipt of certified copy of this order.

The order passed by the Tribunal insofar as it

relates to disbursement and deposit, etc, shall be

applicable even to the enhanced amount of

compensation.

Sd/-

JUDGE

gab