Sri. M.J. Sreedhar Jain vs Sri. Shivanandarao
2022 Latest Caselaw 9844 Kant

                             1


       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 28TH DAY OF JUNE, 2022

                          BEFORE
     THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
     MISCELLANEOUS FIRST APPEAL NO.7367 OF 2013 (MV)

BETWEEN:

SRI. M.J. SREEDHAR JAIN
S/O JATTAIAH GOWDA
AGE: 40 YEARS
OCC: AGRICULTURIST AND
MILK VENDING BUSINESS.
R/O MARATHI VILLAGE, NAGODI POST,
KARUR HOBLI, SAGAR TALUK,
SHIVAMOGGA DISTRICT-577 201.
                                              ... APPELLANT
(BY SRI. PUTTARAJ T.V., ADVOCATE)

AND:
1.    SRI. SHIVANANDARAO
      S/O NARASHIMHARAO
      AGE: 34 YEARS
      OCC: BUSINESS,
      R/O PADMAVATHI NILAYA, CAR STREET,
      HEMMADI POST, KUNDAPURA TALUK,
      UDUPI DISRICT-576 201.
      OWNER OF 407 MAXI CAB TOURIST VEHICLE
      BEARING REGISTRATION NO.KA-20-A-9634.

2.    THE MANAGER
      UNITED INDIA INSURANCE COMPANY LIMITED
      BRANCH OFFICE: KANCHANA TOWER,
      N.H.17, KUNDAPURA-576 201.

3.    SABEEN POOJARI
      S/O SHIVAPRAKASH POOJARI
      AGE: 35 YEARS
      OCC: DRIVER,
                                 2


    TRASI POST,
    KUNDAPURA-576 201.
                                              ... RESPONDENTS
(BY SRI. RAVISH BENNI FOR R2;
 R1 AND R3 ARE SERVED)

      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE
JUDGMENT AND AWARD DATED 11TH DECEMBER, 2012 PASSED
IN M.V.C NO.89 OF 2011 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND JMFC & MEMBER, ADDITIONAL MACT AT SAGAR,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.

     THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT, DELIVERED THE FOLLOWING:

                        JUDGMENT

Heard learned counsel appearing for the appellant.

This appeal is filed assailing the judgment and award

dated 11th December, 2012 passed in M.V.C. No.89 of 2011 on

the file of the Senior Civil Judge & JMFC and Member, Additional

Motor Accident Claims Tribunal, Sagar (for short, hereinafter

referred to as 'Tribunal'), seeking enhancement in

compensation.

2. The claim petition filed seeking compensation of

Rs.9,50,000/- is allowed in part awarding compensation of

Rs.2,53,384/- along with interest at the rate of 9% per annum.

3. The accident occurred on 16th December, 2010 and it

is not in dispute that the claimant has suffered injuries. The

claimant claims to be an agriculturist as well as Milk vendor.

The claimant has suffered fracture of right lower limb. The

Doctor has assessed disability to the right lower limb at 30%.

The Tribunal has taken functional disability at 10%. In the

absence of the cogent material evidence, the Tribunal has taken

income of the claimant as Rs.5,000/- per month. Following the

chart prepared by Karnataka State Legal Services Authority,

since the accident is of the year 2010, the notional income is to

be assessed at Rs.5,500/- per month. Since the claimant was

aged 43 years, the multiplier applicable would be 14 and having

assessed the disability at 10%, the compensation under the

head loss of future income would be Rs.92,400/- (Rs.5,500/- x

12 x 14 x 10%) as against Rs.84,000/-.

4. The compensation under the head loss of earnings

during the laid up period would be Rs.22,000/- (Rs.5,500/-x4)

as against Rs.20,000/-.

5. The claimant was treated as inpatient for 44 days from

16.12.2010 to 27.01.2011. Considering the nature of injury,

the length of hospitalisation and the disability, and also, looking

into the manual work the claimant was doing prior to the

accident, this Court is of the opinion that award of

compensation under the head pain and suffering needs to be

enhanced to Rs.50,000/-. The compensation towards traveling,

special diet and attendant charges awarded by the Tribunal is

on lower side and this Court is of the view that the same has to

be enhanced under the said head by another Rs.15,000/.

6. The compensation awarded by the Tribunal under

other heads is just and proper. Accordingly, claimant is entitled

to total compensation of Rs.2,98,784/- as shown below as

against Rs.2,53,384/- awarded by the Tribunal:

      Sl.                  Head                           Amount
      No.                                                   (Rs.)
       1     Pain & suffering        and       mental      50,000-00
             agony
       2     Medical expenses                              79,384-00
       3     Traveling,  special  diet  and                25,000-00
             attendant charges
       4     Loss of earning during laid up                22,000-00
             period
       5     Loss of amenity                               15,000-00
       6     Future loss of income                         92,400-00
       7     Future Medical expenses                       15,000-00
                                                Total     2,98,784-00
      Less: Compensation awarded by                       2,53,384-00
      Tribunal
                       Enhanced Amount                     45,400-00



      Hence, the following:

                           ORDER

      i) Appeal is allowed in part;

ii) The impugned judgment and award dated 11 th December, 2012 passed in M.V.C. No.89 of 2011 by the Senior Civil Judge & JMFC and Member, Additional Motor Accident Claims Tribunal, Sagar is modified;

iii) Claimant/appellant is entitled to enhanced compensation of Rs.45,400/- with interest @ 6% per annum from the date of the petition till realisation excluding the interest for the delayed period of 137 days in filing the appeal which was condoned by this Court on 06th December, 2017 with a condition that the appellant is not entitled to interest for the delayed period;

iv) The respondent No.2-Insurance Company shall deposit the amount within eight weeks from the date of receipt of certified copy of this order after deducing the amount, if any, already paid.

Sd/-

JUDGE ARK