Karnataka High Court

Hanumanthappa.K vs Mallesh. U on 13 June, 2022

Bench: H T Prasad

                          1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 13TH DAY OF JUNE 2022

                        BEFORE

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

              MFA No.10002 OF 2018(MV)

BETWEEN:

HANUMANTHAPPA.K
S/O LATE SADASHIVAPPA
AGED ABOUT 51 YEARS
LAW PRACTITIONER AND
AGRICULTUURIST
R/AT MOOLIMANE
SANGAPPA BUILDING
SHIVAMOGGA ROAD
HALLADAKERI
HARIHAR CITY- 577601.
                                         ...APPELLANT

(BY SRI.SATISHCHANDRA R., ADV.)

AND

1.     MALLESH. U
       S/O SAKRAPPA
       AGED ABOUT 29 YEARS
       BADGE NO. 9956 BUS
       DRIVER OF KSRTC BUS BEARING
       REG NO.KA-35-F-111
       HAGRIBOMMANAHALLI DEPOT
       HOSPET DIVISION
       BELLAARY DISTRICT
       RESIDING AT 56
                         2



     ADVI ANANDEVANAHALLI VILLAGE
     B.G. HALLI POST
     HAGRIBOMMANAHALLI TALUK
     BELLARY DISTRICT -583212.

2.   THE DEPOT MANAGER
     K.S.R.T.C, HAGARIBOMMANAHALLI DEPOT,
     HOSPET DIVISION
     BELLARY DISTRICT
     PIN CODE 583212.

3.   THE MANAGING DIRECTRO
     K.S.R.T.C. SHANTINAGAR
     BENGALURU
     PIN CODE 560027.

4.   NEW INDIA ASSURANCE COMPANY
     HARIHAR BRANCH, HARIHAR
     PIN CODE 577601.
                                    ...RESPONDENTS
(BY SRI.C.SHANKARA REDDY, ADV. FOR R4:
SRI. B.L. SANJEEV, ADV. FOR R3:
SMT. M. LALITHA, ADV. FOR R2 & R3:
NOTICE TO R1 IS SERVED AND UNREPRESENTED)

     THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT   AGAINST     THE   JUDGMENT    AND    AWARD
DATED:11.10.2018 PASSED IN MVC NO.142/2017 ON THE
FILE OF THE SENIOR CIVIL JUDGE AND JMFC,
ADDITIONAL MACT, HARIHAR, 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:
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                        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 11.10.2018 passed

by the Senior Civil Judge, Additional MACT, Harihara in

MVC No.142/2017.

2. Facts giving rise to the filing of the appeal

briefly stated are that on 03.10.2016 at about 10.30

A.M., the claimant is an advocate by profession, was

heading to purchase E-Stamp paper at Harihara City

from New Court Complex, Amaravati Colony,

Harihara. When he was proceeding on his motorcycle

bearing Registration No.KA-17-EG-1647 in slow

manner and following traffic rules and regulations, the

driver of the KSRTC Bus bearing Registration No.KA-

35-F-111 in a rash and negligent manner with high

speed and dashed against the claimant's motorbike.

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,

2 and 4 have appeared through counsel and only

respondent Nos.2 and 4 have filed written statement

in which the averments made in the petition were

denied. The accident was took place due to

negligence on the part of claimant himself and not the

part of the driver of the Bus. It was further pleaded

that the quantum of compensation claimed by the

claimant is exorbitant. Hence, he sought for dismissal

of the petition.

The respondent No.3 did not appear before the

Tribunal inspite of service of notice and was placed

ex-parte.

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. Prabhubasavanagowda

was examined as PW-2 and got exhibited documents

namely Ex.P1 to Ex.P18. On behalf of the

respondents, two witnesses were examined as RW-1

and RW-2 and got exhibited document namely Ex.R1.

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.4,04,480/- along with

interest at the rate of 6% p.a. and directed the

Corporation to deposit the compensation amount

along with interest. Being aggrieved, this appeal has

been filed.

6. Sri Satishchandra.P, learned counsel for

the claimant has contended that due to the accident,

the claimant has sustained grievous injuries. He has

examined the doctor. The doctor has assessed the

whole body disability at 15%. He was treated as

inpatient for a period of 18 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 enhancement of compensation.

7. On the other hand, Sri B. L. Sanjeev and

Sri C. Shankara Reddy, learned counsel for the

respondent No.3/Corporation and respondent

No.4/Insurance Company, respectively has contended

that the injuries suffered by the claimant are minor in

nature. He was treated as inpatient only for a period

of 18 days. Considering the evidence of the doctor and

injuries sustained by the claimant and 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.

Due to the accident, the claimant has sustained

grievous blood injuries to head, right leg, fracture of

right knee, crushed injuries to right hand fingers and

wrist, injuries to femur and all over the body. He has

examined the doctor as PW-2. The Tribunal

considering the evidence of the doctor has rightly

assessed the whole body disability at 15% and

considering the age and avocation of the claimant, has

rightly awarded the compensation under the head of

'loss of future earning'.

The nature of injuries suggests that the claimant

must have been under rest and treatment for a period

of 03 months. Therefore, the claimant is entitled for

compensation of Rs.30,000/- (Rs.10,000*3 months)

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

The claimant was treated as inpatient for more

than 18 days in the hospital and thereafter, has

received further treatment. Hence, I am inclined to

enhance the compensation awarded under the head of

'conveyance, food, nourishment and attendance

charges' from Rs.10,000/- to Rs.15,000/-.

Due to the accident, the claimant has suffered

grievous injuries and also undergone surgery. 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.25,000/- 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 75,000 75,000 Medical expenses 86,480 86,480 Food, nourishment, 10,000 15,000 conveyance and attendant charges Loss of income during 10,000 30,000 laid up period Loss of amenities 25,000 40,000 Loss of future income 1,98,000 198,000 Total 4,04,480 4,44,480

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.4,44,480/- as against Rs.4,04,480/- awarded

by the Tribunal.

Respondent Nos.2 and 3/Corporation are

directed to deposit the enhanced 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 four weeks from the date of receipt

of copy of this judgment.

The Tribunal is directed to release the entire