Karnataka High Court
Sri T Hariprasad @ Hari vs Sri Jayaram K H on 2 March, 2022
Bench: P.S.Dinesh Kumar, M G Uma
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF MARCH, 2022
PRESENT
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE Mrs. JUSTICE M.G. UMA
MISCELLANEOUS FIRST APPEAL NO.10161/2018 (MV-I)
BETWEEN:
SRI. T. HARIPRASAD @ HARI
S/O. T. DAMU
AGED ABOUT 26 YEARS
R/O. SULIKERE
KENGERI HOBLI
BENGALURU SOUTH TALUK
BENGALURU.
PERMANENT ADDRESS:
SRI. T. HARIPRASAD @ HARI
S/O. T. DAMU
NARASARAJU AGRAHARAM VILLAGE
RAJAGOPALAPURAM CHITTOOR
ANDHRA PRADESH - 517 588.
... APPELLANT
(BY SRI: JAYADEVAPPA N.D, ADVOCATE)
AND:
1. SRI. JAYARAM K.H.
S/O. LATE HUCHANNA
SCHOOL FIELD ROAD
KYATHASANDRA
TUMKUR - 572 101.
2
2. THE LEGAL MANAGER
NATIONAL INSURANCE CO. LTD.,
OPP. GOVT. GENERAL HOSPITAL
GANDHINAGAR, B.H. ROAD
TUMKUR.
... RESPONDENTS
(BY SRI: K SRIDHARA, ADVOCATE FOR R2,
R1 - SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 28.08.2018 PASSED
IN MVC NO.1536/2017 ON THE FILE OF THE VIII ADDITIONAL SCJ
& XXXIII ACMM, MEMBER, MACT, BENGALURU, [SCCH-5], PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR FINAL HEARING THIS DAY,
P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal by the injured-claimant seeking
enhancement of compensation is filed challenging the
judgment and award dated August 28, 2018 in
MVC.No.1536/2017 passed by the Motor Accident Claims
Tribunal and VIII Additional Small Causes Judge, Bengaluru.
2. For the sake of convenience, parties shall be
referred as per their status before the Tribunal.
3. Heard Shri N D Jayadevappa, learned advocate for
the claimant and Shri K Sridhara, learned advocate for the
insurer.
4. The injured claimant, Shri T Hariprasad @ Hari, a
pillion rider on a motor cycle, sustained grievous injuries in a
road traffic accident on 30.08.2015, when the motor cycle
dashed against another motor cycle coming from the opposite
side. He took treatment in the Christian Medical College,
Vellore. On adjudication of the claim petition, Tribunal has
awarded Rs.3,40,000/- with interest at 9% p.a. from the date
of petition till the date of realization.
5. Shri Jayadevappa, for the claimant submitted that
the Tribunal has not awarded the amount spent by the
claimant for treatment in Christian Medical College, Vellore.
He placed reliance on Ex.P6, the Medical Bills and submitted
that the claimant has spent Rs.3,75,037/- towards medical
expenses. The Tribunal has disallowed the same on the
premise that the said amount has been re-imbursed to the
claimant. He submitted that the Tribunal has not awarded
adequate compensation under various heads, such as, loss of
future earnings, pain and sufferings and amenities etc.,
6. In reply, Shri Sridhara for insurer also placed
reliance on Ex.P6 and submitted that the consolidated receipt
has been issued by the re-imbursement Department.
Therefore, it must be construed that the amount has been re-
imbursed to the claimant.
7. We have carefully perused the submissions made
by the learned advocates for the parties and perused the
records.
8. Undisputed facts of the case is that the claimant
has suffered fracture on account of the accident caused by the
offending motor cycle insured by respondent No.2. We have
perused Ex.P6. It is the consolidated receipt given by
Christian Medical College Hospital, Vellore. It shows that sum
of Rs.3,75,037/- has been received from the claimant. The
claimant was hospitalized for 16 days. He suffered fracture of
right tibia and he was operated with open reduction and
internal fixation with plate and screws.
9. Admittedly, the accident has taken place in the
year 2015. In the absence of any proof of income, this Court
has been consistently considering the notional income of able
bodied person in the year 2015 as Rs.9,000/-. Though it was
claimed by Shri Jayadevappa that the claimant has completed
Civil Engineering course, but no document is placed on record
either before the Tribunal or before this Court. Therefore, the
income of the claimant will have to be construed as
Rs.9,000/- per month.
10. The Tribunal has recorded that the claimant has
suffered 54% disability to the right lower limb. Though it is
claimed that the claimant has suffered 27% disability to the
whole body, the evidence of PW2 discloses that claimant has
taken treatment in CMC, Vellore, whereas, PW2 practices as
Orthopaedic Surgeon in Bengaluru. It is stated in para 4 of
his evidence that he had 'recently' examined the claimant.
Therefore, in our view, whole body disability will be 1/3rd of
the total disability namely 54% which is 18%.
11. We re-compute the compensation as follows:
By taking the earning capacity of claimant at Rs.9,000/-
per month, the loss of future earnings works out to Rs.9,000
X 12 X 18 X 18% = Rs.3,49,920/-. Compensation towards
loss of amenities deserves to be enhanced to Rs.50,000/-.
The claimant was under treatment for a period of 3 months.
Hence, loss of earning during laid up period works out to
Rs.9,000 x 3 months = Rs.27,000/-. The compensation
awarded by the Tribunal towards future medical expenses and
pain and suffering is maintained as it is.
12. The total compensation is computed as follows:
Sl.No. Description Amount
Treatment during Rs. 25,000/-
a. hospitalization, nourishment,
food etc.,
b. Loss of future earnings Rs. 3,49,920/-
c. Future medical expenses Rs. 20,000/-
d. Loss of earning during laid up Rs. 27,000/-
period (Rs.9,000 x 3 months)
e. Pain and suffering Rs. 50,000/-
f. Loss of amenities Rs.50,000/-
TOTAL Rs.5,21,920/-
LESS: Compensation awarded Rs.3,40,000/-
by the Tribunal
Enhanced Compensation Rs.1,81,920/-
13. The contention urged by Shri Sridhara that
amount was reimbursed, is untenable, because Ex.P6 clearly
evidences that claimant has paid treatment charges to the
hospital.
14. Hence, the following;
ORDER
(i) Appeal is allowed in part by holding that
claimant is entitled for total compensation of
Rs.5,21,920/-, as against Rs.3,40,000/- awarded by the
Tribunal, payable with interest at 6% p.a., for the
enhanced compensation from the date of filing claim
petition till the date of deposit. The enhanced
compensation is Rs.1,81,920/-; and
(ii) Insurer shall pay the entire compensation amount
of Rs.5,21,920/- with interest at 6% p.a., excluding the
amount already paid/deposited, if any, within six weeks
from the date of receipt of a copy of this order.
Disbursement shall be made as directed by the Tribunal.
No costs.
Sd/-
JUDGE
Sd/-
JUDGE
*bgn/-
