Karnataka High Court
Sri B S Ananda vs Krishnegowda on 18 February, 2022
Bench: P.Krishna Bhat
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE P.KRISHNA BHAT
M.F.A.No.7334/2011 (MV)
BETWEEN:
SRI.B.S.ANANDA,
AGED ABOUT 39 YEARS,
S/O B.S.SUBBARAYA,
RESIDING AT JAKKANA KUPPE VILLAGE,
NEAR MAHALAKSHMI HIGH SCHOOL,
KRS - MYSORE ROAD,
BELAGOLA HOBLI,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT.
...APPELLANT
(BY SRI.M.K.KEMPE GOWDA, ADVOCATE)
AND:
1. KRISHNEGOWDA,
S/O JAVAREGOWDA,
PROPRIETOR:
SRI.RAGHAVENDRA CARRIAGE,
KRS MAIN ROAD,
METAGALLI, NEAR SUJATHA TALKIES,
MYSORE.
2. THE BRANCH MANAGER,
ICICI INSURANCE CO. LTD.,
CHAMARAJA DOUBLE ROAD,
RAMASWAMY CIRCLE,
MYSORE.
2
REPRESENTED BY ITS
BRANCH MANAGER.
POLICY NO.53390815 VAILD FROM
30.01.2008 TO 29.01.2009.
...RESPONDENTS
(BY SRI.GIRIDHAR H., ADVOCATE FOR R1;
SRI.H.K.REVANASIDDAPPA, ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 30.06.2010 PASSED
IN MVC NO.819/2008 ON THE FILE OF THE ADDITIONAL
CIVIL JUDGE (SR.DN.), SRIRANGAPATNA, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THROUGH
VIDEO CONFERENCING THIS DAY, THE COURT DELIVERED
THE FOLLOWING:
JUDGMENT
This appeal is at the instance of the claimant seeking
enhancement of the compensation awarded in
MVC.No.819/2008 by the judgment and award dated
30.06.2010 on the file of learned Additional Civil Judge
(Sr.Dn.), Srirangapatna.
2. Since the Insurance Company has not
preferred any appeal calling in question the correctness of
the quantum or the liability, detailed reference to the facts
of the case are unnecessary.
3. The appellant was working as a driver of heavy
goods vehicle at the time of the accident which took place
on 19.05.2008. The medical records more particularly
Ex.P3 produced from K.R.Hospital, Mysuru shows that
claimant had suffered two fractures on left arm and on the
forearm. He was inpatient in the hospital for about 15
days. The records also disclose that chest aspiration had to
be done on account of collection of blood in the chest due
to the impact injuries. Learned Tribunal has awarded a
sum of Rs.25,000/- under the head of 'pain and suffering',
that seems to be on the lower side. Therefore, a sum of
Rs.40,000/- is awarded under the head of 'pain and
suffering'. Under the head of 'medical expenses', learned
Tribunal has awarded Rs.24,300/- based on the bills
produced and therefore, the same is maintained. PW.2-
Dr.Kiran Kalaiah has stated in his evidence that for future
surgery for removal of implant, the appellant may have to
spend about Rs.7,000/-. The learned Tribunal has awarded
Rs.7,000/- under the head of 'future medical expenses'
and the same is maintained at Rs.7,000/-. The learned
Tribunal has awarded Rs.10,000/- under the head of 'food,
nourishment, conveyance charges and attendant
expenses'. Since the claimant had suffered two fractures
on the left hand and he was a inpatient for about 15 days
in the hospital and he had to undergo chest aspiration, a
sum of Rs.10,000/- awarded under the head of 'food,
nourishment, conveyance charges and attendant expenses'
is on the lower side and therefore, a sum of Rs.20,000/- is
awarded under the said head. In view of the fracture
suffered and the nature of his avocation, he would not
have been in a position to do work at least for a period of
5 months. Since the accident took place in the year 2008
and the claimant has not established his actual income by
letting in any acceptable evidence, his notional income will
have to be fixed at Rs.4,500/- per month having regard to
the notional monthly income fixed by the Karnataka State
Legal Services Authority. Accordingly, his notional income
is fixed at Rs.4,500/-. Therefore, the 'loss of income during
the laid up period' awarded by the learned Tribunal at
Rs.3,000/- is on the lower side and hence, this Court
awards Rs.22,500/- (Rs.4,500X5).
4. Under the head of 'loss of future income',
learned Tribunal has awarded a sum of Rs.1,18,800/-. The
learned Tribunal has accepted the whole body disability of
the appellant/claimant at 30% as per the detailed opinion
expressed by PW.2 in his deposition. There is no reason for
this Court to disagree with the said fact. However, in view
of the decision of the Hon'ble Supreme Court in the cases
of ERUDHAYA PRIYA VS. STATE EXPRESS
TRANSPORT CORPORATION LIMITED reported in 2020
SCC OnLine SC 601, SANDEEP KHANUJA VS. ATUL
DANDE AND ANOTHER reported in (2017) 3 SCC 351,
JAGDISH VS. MOHAN AND OTHERS reported in (2018)
4 SCC 571 and NATIONAL INSURANCE CO. LTD. -Vs.
PRANAY SETHI AND OTHERS reported in AIR 2017 SC
5157, the 'loss of future prospects' is required to be added
to the income of the appellant for calculating the 'loss of
future income'. The claimant was born on 23.07.1969 as
could be seen from Driving License-Ex.P34, therefore he
was aged 38 years at the time of the accident and the
relevant multiplier applicable is '15'. Since he was aged
less than 40 years, 40% of the established income will
have to be added towards 'loss of future prospects'.
Accordingly, the 'loss of future income' is recomputed as
follows:
Rs.4,500/- + 40% X 12 X 15 X 30% = Rs.3,40,200/-.
5. Since the 'loss of earning capacity' is awarded
by following the multiplier method, the award under the
head of 'loss of amenities' will have to be made on a token
basis. Learned Tribunal has awarded Rs.5,000/- under the
said head and that appears to be on the lower side.
Therefore, the same enhanced to Rs.20,000/-. Thus in all,
the appellant is entitled to award of compensation as
follows:
As awarded As awarded
Compensation under by the Trial by this
different Heads Court Court
(Rs.) (Rs.)
Pain and suffering 25,000 40,000
Medical Expenses 24,300 24,300
Future Medical Expenses 7,000 7,000
Food, Nourishment, 10,000 20,000
Conveyance Charges and
Attendant Expenses
Loss of income during laid 3,000 22,500
up period (Rs.4,500X5)
Loss of future income 1,18,800 3,40,200
Loss of amenities 5,000 20,000
Total 1,93,100 4,74,000
6. Learned Tribunal has already awarded
a sum of Rs.1,93,100/- and this Court enhanced to
Rs.2,80,900/-.
7. The enhanced compensation amount shall
carry interest at the rate of 6% per annum from the date
of petition till the date of payment. However, no interest is
awarded for Rs.7,000/-, which is awarded under the head
of 'future medical expenses'.
8. Accordingly, the appeal is allowed-in-part.
The Insurance Company shall deposit the award
amount within a period of six weeks from the date of
receipt of the certified copy of this judgment before the
learned MACT.
Transmit the records of the case to the learned
MACT, forthwith.
Sd/-
JUDGE
NR/-
