Karnataka High Court

Sri Rakshith vs Sri Naveena R on 14 June, 2022

Bench: H T Prasad

                          1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 14TH DAY OF JUNE 2022

                        BEFORE

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

              MFA No.8528 OF 2019(MV)

BETWEEN:

SRI RAKSHITH
S/O. MAHESH B V
AGED ABOUT 24 YEARS
O/C COOK IN COFFEE BORNE CAFE
R/O. BETTADAMALAI VILLAGE
AVATHI HOBALI
CHIKKAMAGALURU-577101.
                                         ...APPELLANT
(BY SRI.VINOD GOWDA, ADV.)

AND

1.     SRI NAVEENA R
       S/O. RAJA
       AGED ABOUT 23 YEARS
       R/O. BETTADAMALALI VILLAGE
       AVATHI HOBLI
       CHIKKAMAGALURU-577101.

2.     MAHESH U
       S/O. UDDAIAH
       AGED ABOUT 45 YEARS
       R/O. BETTADAMALALI VILLAGE
       AVATHI HOBALI
       CHIKKAMAGALURU-577101.
                           2



3.   THE MANAGER
     UNITED INDIA INSURANCE CO. LTD.,
     CRESCENT COURT, K M ROAD CHIKKAMAGALURU.
                                       ...RESPONDENTS
(BY SRI.B.C. SEETHARAMA RAO, ADV. FOR R3:
    NOTICE TO R1 IS DISPENSED WITH:
    NOTICE TO R2 IS SERVED AND UNREPRESENTED)

     THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD DATED
30.07.2019 PASSED IN MVC NO.128/2018 ON THE FILE OF
THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT,
CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM
PETITION    FOR    COMPENSATION     AND   SEEKING
ENHANCEMENT OF COMPENSATION.

    THIS MFA COMING ON FOR ORDERS, 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 30.07.2019 passed

by the II Additional Senior Civil Judge and MACT,

Chikkamagaluru in MVC No.128/2018.

2. Facts giving rise to the filing of the appeal

briefly stated are that on 07.11.2017 at about 11.30

A.M. the claimant was proceeding on his TVS Apache

motorcycle bearing Registration No.KA-18-EE-5680 as

a pillion rider from Coffee Borne Café to

Chikkamagaluru ridden by one Naveena R /

respondent No.1 in a rash and negligent manner with

excessive speed and in order to avoid dashing the said

vehicle to a stray cattle, he suddenly applied the

brake. As a result of the aforesaid accident, the

claimant fell on the ground along with motorcycle,

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 riding of the offending vehicle by

its rider.

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

to 3 have appeared through counsel and only

respondent No.3 has filed written statement 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 further pleaded

that the quantum of compensation claimed by the

claimant is exorbitant. Hence, he 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.Venkatesh was examined

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

to Ex.P16. On behalf of the respondents, neither

examined any witness nor exhibited any document on

their behalf. The Claims Tribunal, by the impugned

judgment, inter alia, held that the accident took place

on account of rash and negligent riding of the

offending vehicle by its rider, as a result of which, the

claimant sustained injuries. The Tribunal further held

that the claimant is entitled to a compensation of

Rs.4,08,264/- along with interest at the rate of 8%

p.a. and directed the Insurance Company to deposit

the compensation amount along with interest. Being

aggrieved, this appeal has been filed.

6. Sri Vinod Gowda, learned counsel for

the claimant has raised the following contentions:

Firstly, even though the claimant claims that he

was a employee at Coffee Borne Café,

Chikkamagaluru and earning Rs.15,000/- per month,

but the Tribunal has taken the notional income as

merely as Rs.8,000/- per month.

Secondly, due to the accident, the claimant has

sustained grievous injuries. He was treated as

inpatient for a period of 16 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. C. Seetharama

Rao, learned counsel for the Insurance Company has

raised following counter contentions:

Firstly, even though the claimant claims that he

was earning Rs.15,000/- 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, the injuries suffered by the claimant

are minor in nature. He has examined the doctor as

PW-2. Considering the evidence of the doctor and

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.

Lastly, in view of judgment of the Division Bench

of this Court in the case of MS.JOYEETA BOSE AND

OTHERS vs. VENKATESHAN.V AND OTHERS (MFA

5896/2018 and connected matters disposed of on

24.8.2020), the claimants are entitled for 6% interest

but the Tribunal has granted 8% interest is on the

higher side. 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.15,000/- 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 2017, the notional income has to be

taken at Rs.11,000/- p.m.

As per wound certificate, the claimant has

sustained fracture of 1/3rd tibia. PW-2, the doctor has

stated in his evidence that the claimant has suffered

disability of 15.9% to whole body. 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

15.9%. The claimant is aged about 23 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.3,77,784/-

(Rs.11,000*12*18*15.9%) 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 2 months. Therefore, the claimant is entitled for

compensation of Rs.22,000/- (Rs.11,000*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 16 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.30,000/- and 'pain and suffering'

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 22,812 22,812 Food, nourishment, 20,000 20,000 conveyance and attendant charges Loss of income during 4,800 4,800 laid up period Loss of amenities 20,000 30,000 Loss of future income 290,652 377,784 Future medical expenses 30,000 30,000 Total 4,08,264 5,25,396

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.5,25,396/- as against Rs.4,08,264/- awarded

by the Tribunal.

In view of judgment of the Division Bench of this

Court in the case of 'MS.JOYEETA BOSE', the

enhanced compensation shall carry interest at 6% per

annum.

The Insurance Company is directed to deposit

the compensation amount along with interest @ 8%

p.a. (the enhanced compensation shall carry interest