Karnataka High Court
Sri S Suresh vs Sri Jayamuni H on 30 June, 2022
Bench: Anant Ramanath Hegde
-1-
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 30TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR.JUSTICE ANANT RAMANATH HEGDE
MFA NO.6304 OF 2015(MV-I)
BETWEEN:
SRI S SURESH
S/O LATE SHIVARAJU,
AGED ABOUT 36 YEARS,
R/AT HAGALAHALLI GRAMA,
KASABA HOBLI,
RAMANAGARA TALUK,
RAMANAGARA DISTRICT
...APPELLANT
(BY SRI.RAJU.S., ADVOCATE)
AND:
1. SRI JAYAMUNI H
S/O HANUMAIAH,
R/AT HAGALAHALLI GRAMA,
KASABA HOBLI,
RAMANAGARA TALUK,
RAMANAGARA DISTRICT-571511.
2. THE UNITED INDIA INSURANCE
COMPANY LIMITED,
1ST FLOOR, RVR COMPLEX,
OPPOSITE TO LIC OFFICE,
KSRTC BUS STAND BACKSIDE,
MAJOR, RAMANAGARA-571511.
...RESPONDENTS
(BY SRI. M. ARUN PONNAPPA., ADVOCATE FOR R2;
V/O DATED 14.01.2020, NOTICE TO
R1 IS DISPENSED WITH)
-2-
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 26.03.2015
PASSED IN MVC NO.143/2013 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE & CJM, MACT,
RAMANAGARA, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:-
JUDGMENT
Heard the learned counsel appearing for the appellant
and the learned counsel appearing for respondent No.2.
Notice to respondent No.1 - the owner of the vehicle is
dispensed with as there is no claim against respondent No.1.
2. The claimant in MVC No.143/2013 on the file of
the Additional Motor Accidents Claims Tribunal, Ramanagara,
is taking exception to the judgment and award dated
26.03.2015. The claim petition filed by the claimant is
allowed in part awarding compensation of Rs.2,10,160/-.
There is no dispute that the accident took place on
29.06.2013 and the appellant was a passenger in an auto-
rickshaw. Said auto-rickshaw driver suddenly applied the
brake to avoid a collision between the vehicles and since he
was not careful, the auto-rickshaw was toppled and the
claimant sustained injuries.
3. Immediately after the accident the claimant was
shifted to Government Hospital, Ramanagara and thereafter,
he was shifted to Sanjay Gandhi Hospital, Bangalore. The
claimant was an inpatient in the hospital for 10 days and the
doctor assessed the disability to the extent of 21% of the
whole body. The Tribunal has assessed the whole body
disability of the claimant at 12% and has awarded
compensation under various heads as follows:
Sl.No. Particulars Amount (Rs.)
1 Medical expenses 10,000.00
2 Pain and sufferings 30,000.00
3 Loss of earnings during the 18,000.00
period of treatment and rest
4 Loss of future earnings 1,10,160.00
5 Conveyance, nourishment and 10,000.00
attendant charges
6 Loss of amenities and enjoyment 20,000.00
of life
7 Future medical expenses 12,000.00
TOTAL 2,10,160.00
4. The learned advocate appearing for the claimant-
appellant would seek for enhancement of the compensation
on the ground that the claimant was hale and healthy before
the accident and he has suffered severe functional disability
and has sought for enhancement of compensation awarded by
the Tribunal under the various head.
5. The Learned counsel for respondent No.2-
insurance company would submit that compensation awarded
by the Tribunal is just and proper and looking into the nature
of injuries and year in which the accident took place, he
submits that there is no scope to award higher compensation.
6. This Court has considered the rival contentions
and also perused the records and impugned judgment and
award.
7. The claimant was aged 26 years at the time of the
accident as evident from the records and the doctor who
treated and examined the claimant, has issued a disability
certificate. It is noticed that the Tribunal in the absence of
proof relating to the income of the claimant, has assessed the
income of the claimant at Rs.4,500/- and in the absence of
proof, the chart prepared by the Karnataka State Legal
Services Authority would be a guiding factor. Since the
accident occurred in the year 2013, the notional income is
taken at Rs.8,000/- and Tribunal has assessed the disability
at 12%. Under the circumstances, the compensation under
the head 'loss of future earnings would be as under:
Rs.8,000/- X 12 X 17 X 12% = Rs.1,95,840/-
8. Since income is taken at Rs.8000 per month,
compensation awarded under the head of 'loss of income
during laid up period' is enhanced to Rs.32,000/- (8000x4) as
against Rs.18,000/- awarded by the Tribunal.
9. It is forthcoming from the records that the
claimant was inpatient for 10 days. Even after discharge from
the hospital he would be confined to bed rest for a certain
period. Hence, compensation of Rs.30,000/- awarded under
the head of 'pain and sufferings' is on the lower side and the
same has to be enhanced. Accordingly, compensation of
Rs.40,000/- is awarded under the head 'pain and suffering'.
10. The compensation of Rs.20,000/- awarded under
the head 'loss of amenities' is on the lower side. Hence,
considering the injuries and disability sustained by the
claimant, this Court deems it fit to award a sum of
Rs.40,000/- under the said head.
11. The compensation of Rs.12,000/- awarded under
the head 'future medical expenses is just and proper and
there is no need to interfere with the said compensation.
Thus, all claimants would be entitled to total compensation as
under:
Sl.No. Particulars Amount (Rs.)
1 Loss of future earnings 1,95,840-00
2 Loss of income during the laid-up 32,000-00
period
3 Pain and sufferings 40,000-00
4 Loss of amenities 40,000-00
5 Future medical expenses 12,000-00
Total 3,19,000-00
12. Under the circumstances, the following order.
The appeal is allowed in part.
Impugned judgment and award are modified to the
aforesaid extent.
Appellant is entitled to Rs. 3,19,000-00 as
compensation. The compensation shall carry interest at the
rate of 6% p.a. from the date of petition till the date of
realization.
The insurer shall pay the compensation within 8 weeks
from today.
Sd/-
JUDGE
DR
