Karnataka High Court
Sri Naveen Kumar vs Sri Umapathi on 21 June, 2022
Bench: H T Prasad
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE 2022
BEFORE
THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD
MFA No. 4847 OF 2020(MV)
BETWEEN
SRI NAVEEN KUMAR
S/O ANANDA POOJARY
AGED ABOUT 36 YEARS
R/O MOODABETTU
KODAVOOR VILALGE
UDUPI TLAUK AND DIST
...APPELLANT
(BY SRI.NAGARAJA H R., ADV.)
AND
1 . SRI UMAPATHI
S/O CHANDRAYYA ACHARY
AGED ABOUT 37 TYEARS
R/O H.NO. 2-39
SRI CHANDRAJA
ASHIRWADA NAGAR
KELARKALABETTU POST
AND VILLAGE, UDUPI TLAUK
UDUPI DISTRICT.
2
2 . UNITED INDIA INSURANCE CO LTD
DIVISIONAL OFFICE
KRISHNA COMPLEX
G B PANTH ROAD,UDUPI
REP BY ITS
DIVISIONAL MANAGER.
...RESPONDENTS
(BY SRI. JAYANTHA POOJARY, ADV. FOR R1:
SRI. S.V. HEGDE MULKHAND, ADV. FOR R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF
MV ACT, AGAINST THE JUDGMENT AND AWARD
DT.13.03.2018 PASSED IN MVC NO.196/2016 ON THE
FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE,
ADDITIONAL MACT, UDUPI, 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 dated 13.3.2018 passed by MACT,
Udupi in MVC 196/2016.
2. Facts giving rise to the filing of the appeal
briefly stated are that on 2.10.2015 when the
claimant was proceeding on motorcycle bearing
registration No.KA-20-EA-3285 as a pillion rider from
Gundibail towards Doddanagudde, at that time,
another motorcycle bearing registration No.KA-20-Q-
8757 being ridden by its rider at a high speed and in a
rash and negligent manner, dashed to the vehicle of
the claimant. 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 No.2
appeared through counsel and filed written statement
in which the averments made in the petition were
denied.
The respondent No.1 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.Narendra Kamath was
examined as PW-2 and got exhibited documents
namely Ex.P1 to Ex.P10. On behalf of the
respondents, neither any witness was examined nor
any document was produced. 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.129,300/- 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, the claimant claims that he was working
as Electrician and earning Rs.15,000/- per month.
PW-2, the doctor has stated in his evidence that the
claimant has suffered permanent physical disability of
5 to 10%. Due to the disability there is loss of earning
capacity and claimant is entitled for 'loss of future
income'. But the Tribunal has not granted any
compensation under the head of 'loss of future
income'.
Secondly, due to the accident, the claimant has
sustained grievous injuries to his left wrist and
forearm. He was treated as inpatient for a period of 6
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, injuries sustained by the claimant are
minor in nature. PW-2, the doctor has stated in his
evidence that the claimant has suffered permanent
physical disability of 5% to 10%. The said disability
would not affect his earning capacity. Moreover, the
claimant in his evidence has admitted that he has
continued his work after recovering from injuries.
Hence, the Tribunal has rightly not awarded any
compensation for 'loss of future income'.
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.
Thirdly, the interest awarded by the Tribunal at
9% p.a. on the compensation amount is on the higher
side. Hence, he sought for dismissal of the appeal.
8. Heard the learned counsel for the parties
and perused the judgment and award of the Tribunal.
9. It is not in dispute that the claimant has
sustained injuries in the road traffic accident occurred
due to rash and negligent riding of the offending
vehicle by its rider.
The claimant claims that he was earning
Rs.15,000/- per month by doing electrician work. As
per wound certificate, the claimant has sustained
tenderness, swelling creption and deformity present
over left distal redwing and left wrist. PW-2, the
doctor has stated in his evidence that the claimant has
suffered permanent physical disability of 5 to 10%. In
the cross examination, claimant has admitted that he
was working as electrician under one Praveen and
after recovering from injuries he is able to lift heavy
weight and continued his work. Therefore, the
Tribunal has rightly not awarded any compensation for
'loss of future income'.
The nature of injuries suggests that the claimant
must have been under rest and treatment for a period
of 5 months. Therefore, the claimant is entitled for
compensation of Rs.50,000/- (Rs.10,000*5 months)
under the head 'loss of income during laid up period'.
The claimant was treated as inpatient for more
than 6 days in the hospital and thereafter, has
received further treatment. 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.15,000/- to Rs.50,000/- and
under the head of 'pain and sufferings' from
Rs.15,000/- to Rs.50,000/-.
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 15,000 50,000
Medical expenses 57,300 57,300
Food, nourishment, 7,000 7,000
conveyance and
attendant charges
Loss of income during 20,000 50,000
laid up period
Loss of amenities 15,000 50,000
Future medical expenses 15,000 15,000
Total 129,300 229,300
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.229,300/-.
The Insurance Company is directed to deposit
the compensation amount along with interest @ 9%
p.a. (enhanced amount shall carry interest at 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.
In view of the order dated 21.6.2022 passed by
this Court, the claimant is not entitled for interest for
the delayed period of 653 days in filing the appeal.
Sd/-
JUDGE
DM
