Karnataka High Court
Mr. R. Veeranna vs Mr. Basavaraja on 21 June, 2022
Bench: Hanchate Sanjeevkumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21st DAY OF JUNE, 2022
BEFORE
THE HON'BLE Mr. JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 4610/2017 (MV-I)
BETWEEN:
MR. R. VEERANNA
S/O. MR. RAMANNA
AGED ABOUT 37 YEARS
AGRICULTURIST & COOLIE WORK
SHRAVANAGERE
HIRIYUR-572143.
... APPELLANT
(BY SRI. K. SHASHIKANTH PRASAD, ADVOCATE )
AND:
1. MR. BASAVARAJA
S/O. MR. MUDDAPPA
AGED ABOUT 32 YEARS,
MOTOR REWINDING WORKER
OWNER OF MOTOR CYCLE BEARING
REG. NO.16/R-3598
REDDYHALLY VILLAGE
CHALLAKERE-577522.
2. NATIONAL INSURANCE CO., LTD.,
REP. BY ITS BRANCH MANAGER
B.M. COMPLEX, LAXMI BAZAR,
CHITRADURGA-577501.
... RESPONDENTS
(BY SRI. LAKSHMI NARASAPPA FOR SRI A.M.
VENKATESH, ADVOCATE FOR R2 - VC)
THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 29.09.2015
2
PASSED IN MVC NO.150/2013 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND ADDL. MACT, HIRIYUR, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION AND ETC.,
THIS M.F.A. COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed under Section-173(1) of the
Motor Vehicles Act, 1988, (hereinafter referred to as 'MV
Act' for brevity) by the appellant-claimant challenging the
judgment and award dated 29.09.2015, passed in MVC
No.150/2013, on the file of the Senior Civil Judge and
Additional MACT, Hiriyur, (hereinafter referred to as 'the
Tribunal' for brevity) seeking enhancement.
Brief facts:
2. On 18.04.2013 when the appellant was waiting for
bus near Hiriyur bus-stand, the rider of motor cycle
bearing Reg. No.16/R-3598 came to him and on his
request the appellant proceeded on the motor cycle as a
pillion rider. When they were proceeding in front of the
Government Higher Primary School, Main road, Hariyabbe,
Hiriyur taluk at about 4.30 p.m. the rider of motor cycle
was riding the vehicle in rash and negligent manner and as
a dog came across the road, the rider suddenly applied
brakes and lost control over the vehicle, which capsized.
As a result, appellant fell down from the vehicle and
sustained severe injuries and fractures. Appellant was
immediately shifted to Government Hospital, Dharmapur
for first-aid treatment and was admitted in District
Hospital, Chitradurga, where he has been treated as an
inpatient from 18.04.2013 to 15.05.2013. Appellant has
sustained swelling and lacerated wound injury over right
lower 1/3rd of leg measuring 1/4 x 1 1/4 x 1/4 and
tenderness over back. Appellant has spent Rs.2,00,000/-
towards medical expenses.
3. Hence, a claim petition was filed by the appellant
under Section-166 of the M.V. Act, claiming compensation
for the injuries sustained in the accident. The Tribunal on
appreciating the materials on record, allowed the petition
in part, and awarded compensation of Rs.1,72,900/-, along
with interest at 7.5% per annum from the date of petition
till the date of deposit. The Tribunal held respondent No.1
owner of the offending vehicle liable to pay the
compensation.
4. Heard arguments of the learned counsel for the
appellant and the learned counsel for respondent No.2 -
insurance company and perused the materials on record.
5. The learned counsel for the appellant
submitted that the quantum of compensation awarded
under various heads is on lesser side. Therefore, seeks for
enhancement of the compensation.
6. On the other hand, the learned counsel
appearing for the second respondent - insurance company
submits that the Tribunal is justified in passing the
impugned judgment and award and there is no ground for
enhancement. That the compensation amount as awarded
by the Tribunal is sufficient and adequate.
7. The compensation awarded by the Tribunal is
as follows:
Towards loss of future income due to : Rs. 1,15,200/-
disability
Towards pain and suffering : Rs. 25,000/-
Towards conveyance, attendant : Rs. 10,000/-
charges, nourishment etc.
Towards medical expenses : Rs. 22,700/-
TOTAL : Rs. 1,72,900/-
8. Ex.P-5 wound certificate, Ex.P-12 x-ray film
and the evidence of the doctor, P.W.2 reveal that the
appellant - claimant had sustained following injuries :
i. swelling and lacerated wound over right lower
1/3rd of leg measuring 1/4 x 1 1/4 x 1/4;
ii. tenderness over back.
Therefore, from the medical evidence it is proved
that the appellant had suffered fracture of both bones of
right leg i.e., tibia and fibula. The appellant had
undergone surgery in District Hospital, Chitradurga and
was an inpatient from 18.04.2013 to 13.05.2013.
Appellant was doing agriculture and coolie and contended
that he was earning Rs.1,50,000/- per annum from
agriculture and Rs.6,000/- per month from coolie work.
Therefore, considering this, the amount awarded by the
Tribunal under the head 'Pain And Suffering' at
Rs.25,000/- requires to be enhanced. Accordingly, it is
enhanced to Rs.40,000/-.
9. The Tribunal has awarded a sum of
Rs.10,000/- towards 'conveyance and attendant charges'
and Rs.22,700/- towards medical expenses. The amount of
compensation awarded under these two heads is just and
proper and needs no interference.
10. The Tribunal has awarded a sum of
Rs.1,15,200/- towards 'Loss of future income due to
disability' by taking the notional income as Rs.5,000/- per
month. The accident has occurred in the year 2013.
Therefore, the notional income of Rs.8,000/- is to be taken
as monthly income of the appellant, as per the chart of
Karnataka State Legal Services Authorities. Accordingly,
the notional income of the appellant is assessed as
Rs.8,000/- per month. The appellant was aged about 33
years old, and therefore, the appropriate multiplier would
be '16'. Further P.W.2, doctor had given evidence by
issuing disability certificate that the appellant had
sustained permanent disability at 35% towards right lower
limb and 12% disability to whole body. The disability
assessed by doctor at 12% towards whole body can be
considered as functional disability considering the
avocation of the appellant. Therefore, the loss of earning
is quantified as follows :
Rs.8,000/- x 12/100 x 16 x 12 = Rs.1,84,320/-
11. The appellant is a coolie worker and due to
fracture of both bones of right leg i.e., tibia and fibula, he
may not be able to work as coolie atleast for a period of
three months. Hence, he has lost income for the said
period of three months. Accordingly, the appellant is
entitled for a sum of Rs.24,000/- (Rs.8,000 x 3 months),
under the head 'Loss Of Earning During Laid Up Period'.
12. Hence, the appellant is entitled for a total
enhanced compensation, under various heads as follows:
Towards loss of future income due to : Rs. 1,84,320/-
disability
Towards pain and suffering : Rs. 40,000/-
Towards conveyance, attendant : Rs. 10,000/-
charges, nourishment etc.
Towards loss of income during laid- : Rs. 24,000/-
up period
Towards medical expenses : Rs. 22,700/-
TOTAL : Rs. 2,81,020/-
13. Therefore, the appellant is awarded a total
compensation of Rs.2,81,020/- as against the
compensation awarded by the Tribunal at Rs.1,72,900/-.
Hence, the appellant is entitled for an additional
compensation of Rs.1,08,120/- (Rs.2,81,020/- -
Rs.1,72,900/-), along with interest at 6% per annum from
the date of filing of the petition till deposit.
14. Accordingly, I pass the following:
ORDER
i. The appeal is allowed in part.
ii. The appellant is entitled for an additional
compensation of Rs.1,08,120/- (Rupees
One Lakh Eight Thousand One Hundred
and Twenty Only), along with interest at 6%
per annum from the date of filing of the
petition till deposit in addition to what has
been awarded by the Tribunal.
iii. Registry is directed to return the Trial Court
Records to the Tribunal, along with certified
copy of the order passed by this Court
forthwith without any delay.
iv. No order as to costs.
v. Draw award accordingly.
Sd/-
JUDGE
Hnm
