Karnataka High Court

R. Raghavendra vs The Manager on 1 July, 2022

Bench: H T Prasad

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 1ST DAY OF JULY 2022

                      BEFORE

  THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD

            MFA No.4827 OF 2019(MV)
BETWEEN:

R. RAGHAVENDRA
@ RAGHU 26 YEARS
S/O RAMACHARI R.G.
R/AT NO.260 2ND CROSS, BANASHANKARI
TUMAKURU-572 103.                      ...APPELLANT

(BY SRI. PATEL D KARE GOWDA, ADV.)

AND:

1 . THE MANAGER
    TATA AIG GENERAL
    INSURANCE CO LTD.,
    15TH FLOOR TOWER-A
    PENNISULLA BUSINES PARK
    GANAPATHI ROAD KALM MARG
    SANAPATHI MARG LOWER PARL
    MUMBAI-100013 BENGALURU CENTRAL.

2 . VASU D.C.
    AGED ABOUT 32 YEARS
    S/O CHANNABASAPPA B
    R/AT NO.B-408, ODL 103
    BEL LAYOUT BENGALURU
    KARNATAKA-562 123.               ...RESPONDENTS

(BY SRI.O.MAHESH, ADV. FOR R1:
    NOTICE TO R2 IS SERVED BUT UNREPRESENTED)
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     THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT    AGAINST    THE   JUDGMENT    AND    AWARD
DATED:12.10.2018 PASSED IN MVC NO.320/2017 ON THE
FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS
JUDGE, TUMAKURU, PARTLY ALLOWING THE CLAIM
PETITION   FOR     COMPENSATION    AND    SEEKING
ENHANCEMENT OF COMPENSATION.

     THIS MFA COMING ON FOR ADMISSIONS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                      JUDGMENT

This appeal under Section 173(1) of Motor

Vehicles Act, 1988 (hereinafter referred to as 'the

Act') has been filed by the claimant being aggrieved

by the judgment and decree dated 12.10.2018 passed

by MACT, Tumakuru in MVC No.320/2017.

2. Facts giving rise to the filing of the appeal

briefly stated are that on 10.11.2016 at about 1.30

a.m. the claimant was proceeding in Tata Indica Car

bearing registration No.KA-02/F-2950 from Urdigere -

Dabaspet. When they reached near Iraksandra

colony, at that time, a heavy vehicle came from the

opposite side, in a rash and negligent manner. As a

result, the claimant was compelled to take his car to

the left side and dashed to the tree. As a result of the

aforesaid accident, the claimant sustained grievous

injuries and was hospitalized.

3. The claimant filed a petition under Section

166 of the Act seeking compensation. It was pleaded

that he spent huge amount towards medical

expenses, conveyance, etc. It was further pleaded

that the accident occurred purely on account of the

rash and negligent driving of the offending vehicle by

its driver.

4. On service of notice, the respondent Nos.1

and 2 appeared through counsel and filed separate

written statements in which the averments made in

the petition were denied. The age, avocation and

income of the claimant and the medical expenses are

denied. It was pleaded that the quantum of

compensation claimed by the claimant is exorbitant.

Hence, they sought for dismissal of the petition.

5. On the basis of the pleadings of the parties,

the Claims Tribunal framed the issues and thereafter

recorded the evidence. The claimant himself was

examined as PW-1 and Dr.Lohith B.M. was examined

as PW-2 and got exhibited documents namely Ex.P1

to Ex.P13. On behalf of the respondents, no

witnesses were examined but got exhibited document

namely Ex.D1. The Claims Tribunal, by the impugned

judgment, inter alia, held that the accident took place

on account of rash and negligent driving of the

offending vehicle by its driver, as a result of which,

the claimant sustained injuries. The Tribunal further

held that the claimant is entitled to a compensation of

Rs.3,06,600/- along with interest at the rate of 6%

p.a. and directed the Insurance Company to deposit

the compensation amount along with interest. Being

aggrieved, this appeal has been filed.

6. The learned counsel for the claimant has

raised the following contentions:

Firstly, even though the claimant claims that he

was working as a driver and also transport business

and earning Rs.50,000/- per month, but the Tribunal

has taken the notional income as merely as

Rs.7,500/- per month.

Secondly, due to the accident, the claimant has

sustained grievous injuries. He was treated as

inpatient for a period of 8 days. Even after discharge

from the hospital, he was not in a position to

discharge his regular work. He has suffered lot of pain

during treatment. Considering the same, the

compensation granted by the Tribunal under the

heads of 'loss of amenities', 'pain and sufferings' and

other heads are on the lower side. Hence, he sought

for allowing the appeal.

7. On the other hand, the learned counsel for

the Insurance Company has raised following counter

contentions:

Firstly, even though the claimant claims that he

was earning Rs.50,000/- per month, he has not

produced any documents to establish his income.

Therefore, the Tribunal has rightly assessed the

income of the claimant notionally.

Secondly, considering the injuries sustained by

the claimant and considering the age and avocation of

the claimant, the overall compensation awarded by

the Tribunal is just and reasonable compensation.

Hence, he sought for dismissal of the appeal.

8. Heard the learned counsel for the parties

and perused the records.

9. It is not in dispute that the claimant has

sustained injuries in the road traffic accident occurred

due to rash and negligent driving of the offending

vehicle by its driver.

The claimant claims that he was earning

Rs.50,000/- per month. He has not produced any

documents to prove his income. Therefore, the

notional income has to be assessed as per the

guidelines issued by the Karnataka State Legal

Services Authority. Since the accident has taken

place in the year 2016, the notional income has to be

taken at Rs.9,500/- p.m.

As per wound certificate, the claimant has

sustained dislocation of left side posterior acetabulum

fracture, facial injury along with other injuries. He has

examined the doctor as PW-2. Therefore, taking into

consideration the deposition of the doctor, PW-2 and

injuries mentioned in the wound certificate, the

Tribunal has rightly taken the whole body disability

at 10%. The claimant is aged about 24 years at the

time of the accident and multiplier applicable

to his age group is '18'. Thus, the claimant is

entitled for compensation of Rs.2,05,200/-

(Rs.9,500*12*18*10%) on account of 'loss of future

income'.

The nature of injuries suggests that the claimant

must have been under rest and treatment for a period

of 02 months. Therefore, the claimant is entitled for

compensation of Rs.19,000/- (Rs.9,500*2 months)

under the head 'loss of income during laid up period'.

Due to the accident, the claimant has suffered

grievous injuries and also undergone surgery. He was

treated as inpatient for more than 8 days in the

hospital. He has suffered lot of pain during treatment

and he has to suffer with the disability stated by the

doctor throughout his life. Considering the same, I am

inclined to enhance the compensation awarded by the

Tribunal under the head of 'loss of amenities' from

Rs.20,000/- to Rs.40,000/- 'pain and sufferings' from

Rs.20,000/- to Rs.40,000/-.

Considering the nature of injuries, the

compensation awarded by the Tribunal under other

heads is just and reasonable.

10. Thus, the claimant is entitled to the

following compensation:

As awarded As awarded Compensation under by the by this different Heads Tribunal Court (Rs.) (Rs.) Pain and sufferings 20,000 40,000 Medical expenses 58,520 58,520 Food, nourishment, 13,500 13,500 conveyance and attendant charges Loss of income during 7,500 19,000 laid up period Loss of amenities 20,000 40,000 Loss of future income 1,62,000 2,05,200 Future medical expenses 25,000 25,000 Total 3,06,520 4,01,220 *The Tribunal has rounded of the award amount from Rs.3,06,520/- to Rs.3,06,600/-

11. In the result, the appeal is allowed in

part. The judgment of the Claims Tribunal is modified.

The claimant is entitled to a total compensation

of Rs.4,01,220/- against Rs.3,06,600/- awarded by

the Tribunal.

The Insurance Company is directed to deposit

the compensation amount along with interest @ 6%

p.a. from the date of filing of the claim petition till the

date of realization, within a period of six weeks from

the date of receipt of copy of this judgment excluding

interest for the compensation awarded under the head

of 'future medical expenses'.