Karnataka High Court
Subramani @ Subramany S/O ... vs Naveen S/O Shridhar Bhaktha on 18 January, 2022
Bench: S.Vishwajith Shetty
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 18 T H DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
M.F.A. No.103975/2017
C/W
M.F.A. No.102214/2017,
M.F.A. No.102215/2017,
M.F.A. No.102216/2017
IN MFA No.103975/2017
BET WEEN
CHARAN S/O KU MAR,
AGE: 26 YEARS,
OCC: AU TO DRIVING WORK,
R/O GOPAL EXT ENSION,
SHIVAMOGA,
TQ: DIST : SHIVAM OGA,
NOW @ VIDYANAGAR RANEB ENNUR,
TALU K, AND DIST: HAVERI. ...APPELLANT
(BY SRI G.N.NARASAMMANAVAR, ADV.)
AND
1. NAVEEN S/O SHRIDHAR B HAKTHA,
AGE: MAJOR, OCC: BUSINESS,
R/O: NO-16 154A, PADMAVANI,
A.L.N. LAYOU T, 15 T H CROSS MANIPAL,
DIST: U DU PI (OWNER OF T HE INNOVA
CAR B EARING REG .KA.20/C-9828).
2. U NIVERSAL SOMP O GENERAL INSU RANCE
COMPANY LTD,
2A, 2 N D FLOOR, 84 MANSON COMPLEX ,
P.B . ROAD HU BB ALL I,
(INSURER OF THE VEHICLE B EARIN G
NO.KA-20/C-9828) ...RESPONDENTS
2
(BY SRI NAGARAJ C. KOLLOORI, ADV. FOR R2;
R1 NOTICE DIS PENSED WITH)
IN MFA No.102214/2017
BET WEEN
SU B RAMANI @ SUB RAMANYA
S/O KU PPASWAMI, AGE: 23 YEARS,
OCC: PRIVATE B US CONDUCT OR,
R/O: SHRIRAMANA GAR,
TQ: DIST : SHIVAM OGA,
NOW @ VIDYANAGAR RANEB ENNUR,
TALU K, DIST: HAVERI,
PIN-581115. ...APPELLANT
(BY SRI G.N.NARASAMMANAVAR, ADV.)
AND
1 NAVEEN S/O SHRIDHAR B HAKTHA,
AGE: MAJOR, OCC: BUSINESS,
R/O: NO-16 154A, PADMAVANI,
A.L.N. LAYOU T, 15 T H CROSS MANIPAL,
DIST: U DU PAI (OWNER OF THE INN OVA
CAR B EARING REG .KA.20/C-9828)
PIN-576 226.
2. U NIVERSAL SOMP O GENERAL INSU RANCE
COMPANY LTD,
2A, 2 N D FLOOR, 84 MANSON COMPLEX ,
P.B . ROAD HU BB ALL I,
(INSURER OF THE VEHICLE B EARIN G
NO.KA-20/ C-9828)
PIN-580024. ... RESPONDENTS
(BY SRI NAGARAJ C. KOLLOORI, ADV. FOR R2;
R1 NOTICE DIS PE NSED WITH)
IN MFA No.102215/2017
BETWEEN
PRATHAP.R,
S/O RAMACHANDRAPPA,
3
AGE: 28 YEARS, OCC: GOUNDI WORK,
R/O: 1 S T CROSS, MALLIKARJU NNAGAR,
GOPAL EXT ENSION SHIVAMOGA,
TQ:DIST: SH IVAMOGA,
NOW @ VIDYANAGAR RANEB ENNUR
TALUK, DIST: HAVERI. PIN-581115. ... APPELLANT
(BY SRI G.N.NARASAMMANAVAR, ADV.)
AND
1 NAVEEN S/O SHRIDHAR B HAKTHA,
AGE: MAJOR, OCC: BUSINESS,
R/O: NO-16 154A, PADMAVANI,
A.L.N. LAYOU T, 15 T H CROSS MANIPAL,
DIST: U DU PAI (OWNER OF THE INN OVA
CAR B EARING REG .KA.20/C-9828)
PIN-576 226.
2. U NIVERSAL SOMP O GENERAL INSU RANCE
COMPANY LTD,
2A, 2 N D FLOOR, 84 MANSON COMPLEX ,
P.B . ROAD HU BB ALL I,
(INSURER OF THE VEHICLE B EARIN G
NO.KA-20/ C-9828)
PIN-580024. ...RESPONDENTS
(BY SRI NAGARAJ C. KOLLOORI, ADV. FOR R2;
R1 NOTICE DIS PENSED WITH)
IN MFA No.102216/2017
BET WEEN
SANJAYAKUMAR H @ SANJAY,
S/O HOLEYA PPA, AGE: 26 YEARS,
OCC: WOOD POLIS H WORKER,
R/O 4 T H CROSS, MALLIKARJU NANAGAR,
SHIVAMOGA, TQ: DIST : SHIVAMOGA ,
NOW @ VIDYANAGAR RANEB ENNUR
TALU K, DIST: HAVERI,
PIN:581115. ...APPELLANT
(BY SRI G.N.NARASAMMANAVAR, ADV.)
4
AND
1 NAVEEN S/O SHRIDHAR B HAKTHA,
AGE: MAJOR, OCC: BUSINESS,
R/O: NO-16 154A, PADMAVANI,
A.L.N. LAYOU T, 15 T H CROSS MANIPAL,
DIST: U DU PAI (OWNER OF THE INN OVA
CAR B EARING REG .KA.20/C-9828)
PIN-576 226.
2. U NIVERSAL SOMP O GENERAL INSU RANCE
COMPANY LTD,
2A, 2 N D FLOOR, 84 MANSON COMPLEX ,
P.B . ROAD HU BB ALL I,
(INSURER OF THE VEHICLE B EARIN G
NO.KA-20/ C-9828)
PIN-580024. ...RESPONDENTS
(BY SRI NAGARAJ C. KOLLOORI, ADV. FOR R2;
R1 NOTICE DIS PENSED WITH)
M.F.A.No.103975/ 2017 IS F ILED U NDER SECTIO N
173(1) OF MOTO R VEHICLES ACT, 1988, AGAINST THE
JUDGMENT AND AWARD DATED 26.09.2016 PASSED MVC
No. 906/2 014 ON THE FILE OF THE II ADDIT IONAL SENIOR
CIVIL JUDGE AND JU DICIAL MAG ISTRATE FIRST CLASS AND
MEMBER MOT OR ACCIDENT CLAIMS TRIB U NAL,
RANEB ENNUR, PARTLY ALLOWING TH E CLAIM PET IT ION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
M.F.A.No.102214/ 2017 IS F ILED U NDER SECTIO N
173(1) OF MOTO R VEHICLES ACT, 1988, AGAINST THE
JUDGMENT AND AWARD DATED 26.09.2016 PASSED MVC
No. 905/2 014 ON THE FILE OF THE II ADDIT IONAL SENIOR
CIVIL JUDGE AND JU DICIAL MAG ISTRATE FIRST CLASS AND
MEMBER MOT OR ACCIDENT CLAIMS TRIB U NAL,
RANEB ENNUR, PARTLY ALLOWING TH E CLAIM PET IT ION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
M.F.A.No.102215/ 2017 IS F ILED U NDER SECTIO N
173(1) OF MOTO R VEHICLES ACT, 1988, AGAINST THE
JUDGMENT AND AWARD DATED 26.09.2016 PASSED MVC
No. 907/2 014 ON THE FILE OF THE II ADDIT IONAL SENIOR
CIVIL JUDGE AND JU DICIAL MAG ISTRATE FIRST CLASS AND
5
MEMBER MOT OR ACCIDENT CLAIMS TRIB U NAL,
RANEB ENNUR, PARTLY ALLOWING TH E CLAIM PET IT ION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
M.F.A.No.102216/ 2017 IS F ILED U NDER SECTIO N
173(1) OF MOTO R VEHICLES ACT, 1988, AGAINST THE
JUDGMENT AND AWARD DATED 26.09.2016 PASSED MVC
No. 908/2 014 ON THE FILE OF THE II ADDIT IONAL SENIOR
CIVIL JUDGE AND JU DICIAL MAG ISTRATE FIRST CLASS AND
MEMBER MOT OR ACCIDENT CLAIMS TRIB U NAL,
RANEB ENNUR, PARTLY ALLOWING TH E CLAIM PET IT ION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEA LS COMING ON F OR ORDERS, THIS DAY
THE COU RT DELIVERED THE FOLL OWING:
JUDGMENT
These four appeals filed by the claimants arise out
of the common judgment d ated 26.09.2016 p assed by
the II Additional Senior Civil Judge & AMACT
Ranebennur, in MVC Nos.906/2014, 905/2014,
907/2014 & 908/2014. Therefore, all these appeals are
heard together and disposed of und er this common
judgment.
2. For the sake of convenience, the p arties are
referred to by their ranking assigned to them b efore
the Tribunal.
3. Though these ap peals are listed for orders, with
the consent of the learned Counsels appearing on both
sid es, they are taken up for final disposal.
4. Brief facts of the case that would be relevant for
the purpose of disposal of these app eals are, on
13.06.2014, the claimants in all the four cases were
travelling in a auto rickshaw bearing No.KA-14/9937
and when the said auto rickshaw reached near
Harakere villag e, the offending car b earing registration
No.KA-20/C-9828 which was driven in a rash and
negligent manner by its driver, d ashed ag ainst the auto
rickshaw and caused the accident. As a result, the
claimants sustained grievous injuries and they were
shifted to Sahyad Narayana Hospital, Shivamogga, and
subsequently they took treatment at Wen Lock
Hospital, Mang aluru and they und erwent prolonged
treatment for the injuries sustained by them.
Subseq uently, the claimants have filed claim petitions
und er Section 166 of the Motor Vehicles Act, 1988,
claiming compensation towards the injuries suffered by
them from the owner and insurer of the offending car
bearing No.KA-20/C-9828. The Tribunal p artly allowed
the claim p etitions awarding compensation to the
claimants as und er:
Claimants in Case Number Total Comp ensation
MVC No.905/2014 ` 5,93,000/-
MVC No.906/2014 ` 11,26,500/-
MVC No.907/2014 ` 9,33,000/-
MVC No.908/2014 ` 15,70,500/-
The trib unal has award ed interest at 6% p er
annum on the compensation amount from d ate of the
petition till realization. Since the offending vehicle was
duly insured by respondent no.2-Insurer, the liability
to pay the comp ensation was saddled on the Insurer of
the offending vehicle. Being not satisfied with the
comp ensation awarded by the Tribunal, the claimants
have preferred these four app eals before this Court
seeking enhancement.
5. Learned counsel for the claimants submits that
the comp ensation award ed by the Trib unal und er all the
heads is on the lower side. He sub mits that the
accid ent is of the year 2014, and therefore, notional
income of the claimants is req uired to be taken at
`7,500/-. He submits that having reg ard to the nature
of injuries and the prolonged treatment und ergone by
the claimants, the Tribunal ought to have granted a
hig her compensation towards pain and suffering ,
towards loss of earning cap acity during laidup period as
well as loss of earning due to disab ility. He submits
that the comp ensation awarded towards loss of future
amenities in life is also on the lower side.
6. Per contra, learned counsel for the Insurer
submits that the comp ensation awarded in all the cases
are on the higher side. He submits that the Tribunal has
liberally award ed the comp ensation amount to the
claimants, and therefore, there is no scop e for
enhancement of comp ensation in any of the cases. He,
according ly prays to dismiss the appeals.
7. I have g iven my anxious consid eration to the
arguments advanced on both the sid es and perused the
material availab le on record.
8. The accid ent in question is not disputed, so also
the fact that the claimants were all injured in the said
accid ent. It is also not in disp ute that the offending car
was d uly insured by the Insurer as on the d ate of
accid ent, and therefore, the liability is admitted by the
Insurer.
9. In so far as the comp ensation for which the
claimants are entitled is concerned, on re-appreciation
of the oral and documentary evid ence availab le on
record , the claimants in all these appeals are entitled
for comp ensation as und er:
10. In MVC No.905/2014, the notional income of the
injured claimant ought to have b een taken at `7,500/-
per month, having reg ard to the income chart
maintained by the Karnataka State Leg al Services
Authority for disposing of road traffic accid ent claim
cases before the Lok Ad alath. However, the Tribunal
has taken the notional income of the claimant at
`6,000/- per month. Therefore, und er the head loss of
income d uring laid-up period, the claimant is entitled
for a sum of `37,500/- as ag ainst `30,000/- and und er
head of loss of earning cap acity on account of physical
permanent d isability, the claimant is entitled for
comp ensation of `4,86,000/- as ag ainst `3,88,800/-
award ed by the Tribunal. Towards loss of amenities and
enjoyment of life, the claimant has been award ed
`25,000/- by the Tribunal, and in my consid ered view,
an additional amount of `15,000/- is required to be
award ed to the claimant under the said head . In so far
as the other heads are concerned, the Trib unal has
award ed just and proper comp ensation, and therefore,
there is no scop e for enhancement of comp ensation on
the other heads. The claimant in MVC No.905/2014 is
therefore entitled for a total comp ensation of
`7,12,407/- as against the sum of `5,92,707/- awarded
by the Tribunal.
11. In MVC No.906/2014, the notional income of the
injured claimant is taken at `8,000/- per month and
just and prop er comp ensation is award ed toward s loss
of earning. Towards p ain and suffering as well as
medical expenses, the Tribunal has award ed just and
proper compensation. Towards loss of amenities and
enjoyment of life, the Tribunal has awarded
comp ensation at `25,000/-. In my consid ered view,
und er the said head, the claimant would be entitled for
a further sum of `15,000/-. In resp ect of all the other
heads, the compensation award ed by the tribunal is
just and proper. Therefore, in MVC No.906/2014, the
claimant is entitled for a comp ensation of `11,41,208/-
as against `11,26,208 awarded by the Tribunal.
12. In MVC No.907/2014, the notional income of the
injured claimant is taken at `6000/- per month as
against `7,500/- as provided under the income chart
maintained by the Karnataka State Leg al Services
Authority for disposing of road traffic accid ent claim
cases before the Lok Ad alath. Therefore, under the
head loss of income during laid-up period, the claimant
is entitled for a sum of `45,000/- as ag ainst `36,000/-
award ed by the Tribunal. Under head of loss of earning
cap acity on account of p hysical permanent disability,
the claimant is entitled for compensation of `8,10,000/-
as against `6,48,000/- award ed by the Tribunal.
Towards loss of amenities and enjoyment of life, the
claimant has been award ed `25,000/- by the Trib unal,
and in my considered view, an additional amount of
`15,000/- is req uired to be award ed to the claimant
und er the said head . In so far as the other head s are
concerned, the Tribunal has awarded comp ensation just
and prop er compensation, and therefore, there is no
scope for enhancement of compensation on the other
heads. The claimant in MVC No.907/2014 is entitled for
a total comp ensation of `11,18,725/- as against the sum
of `9,32,724/- awarded by the Tribunal.
13. In MVC No.908/2014, the notional income of the
injured claimant is taken at `6000/- per month as
against `7,500/- as provided under the income chart
maintained by the Karnataka State Leg al Services
Authority for disposing of road traffic accid ent claim
cases before the Lok Ad alath. Therefore, under the
head loss of income during laid-up period, the claimant
is entitled for a sum of `75,000/- as ag ainst `60,000/-
award ed by the Tribunal. Under head of loss of earning
cap acity on account of p hysical permanent disability,
the claimant is entitled for comp ensation of
`12,96,000/- as ag ainst `10,36,800/- award ed by the
Tribunal. In so far as the other heads are concerned,
the Trib unal has awarded compensation just and p roper
comp ensation, and therefore, there is no scope for
enhancement of comp ensation on the other heads. The
claimant in MVC No.908/2014 is entitled for a total
comp ensation of `18,44,543/- as against the sum of
`15,70,343/- awarded by the Tribunal.
14. The enhanced amount of compensation in all these
cases shall carry interest at 6% from the d ate of
petition till realization. Since liability is not in dispute,
the Insurer is directed to deposit the enhanced amount
of comp ensation before the tribunal within a period of
six weeks from the d ate of receipt of the certified copy
of this judgment. The ord er passed by the Trib unal in
so far as it relates to disb ursement and deposit, etc.,
shall be app licab le even in resp ect of enhanced amount
of compensation. Accordingly, all the appeals are
allowed in p art.
Sd/-
JUDGE
AC/K K
