Sri C P Kumar vs Sri Lakshmipathi
2022 Latest Caselaw 7643 Kant

                             1



   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 30th DAY OF MAY 2022

                          BEFORE

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

                MFA No.5234 OF 2020 (MV)

BETWEEN:

Sri.C.P.Kumar,
S/o Chikkarangappa,
Aged about 28 years,
R/at Sravanagere Village,
Dharmapuri Hobli,
Hiriyur Taluk,
Chitradurga Dist-577 546.
Now R/at:C/o Prasannakumar,
M.I.G.II, 22, Housing Board Colony,
Siragate, Tumakuru - 572.
                                           ... Appellant
(By Sri.Ramesh K.R., Advocate)

AND:

1. Sri. Lakshmipathi,
   S/o Girithimmanna,
   Aged about 47 years,
   R/o Beggagondanahalli Village,
   Kanajanahalli Post, Hiriyur Taluk,
   Chitradurga District - 577 596.

2. TATA AIG General Insurance
   Co. Ltd.,
   Peninsula Corporate Par,
   Nicholas Piramal Tower,
   9th Floor, Gangapatrao,
                               2



  Kadam Marg, Lower Parel,
  Mumbai - 400 013.
  Rep by its Branch Manager.
                                            ... Respondents
(By Sri.Mallikarjun Reddy, Advocate for
    Sri.Pradeep B, Advocate for R2;
    Notice to R1 served and unrepresented)

       This MFA is filed under Section 173(1) of MV Act,
against the Judgment and Award dated 31.01.2020 passed
in MVC No.687/2013 on the file of the II Additional Senior
Civil Judge & MACT, Tumkuru, partly allowing the claim
petition for compensation and seeking enhancement of
compensation.

      This MFA, coming on for Admission, this day, this
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 31.01.2020 passed

by MACT, Tumakuru in MVC No.687/2013.

2. Facts giving rise to the filing of the appeal

briefly stated are that on 21.02.2013 at about 7.15

p.m. the claimant was proceeding near

Bhuthappanagudi temple, Sravanagere village, Hiriyur

Taluk, Chitradurga District. At that time, the rider of

Hero Honda Splendor bearing registration No.KA-

16/X-7638 being ridden by its rider at a high speed

and in a rash and negligent manner, dashed to 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 riding of the offending vehicle by

its rider.

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

and 2 appeared through counsel and filed separate

written statements 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 pleaded that the petition itself is false

and frivolous in the eye of law. It was further pleaded

by respondent No.1 that the Insurance Company is

liable to pay the compensation. It was further

pleaded that the rider of the offending vehicle had a

valid and effective driving licence as on the date of the

accident.

It was pleaded by respondent No.2 that the

liability is subject to terms and conditions of the

policy. 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. Dr.Prasad M. was examined as

PW-2 and Dr.Ananda D. was examined as PW-3 and

got exhibited documents namely Ex.P1 to Ex.P103.

On behalf of the respondents, one witness was

examined as RW-1 and got exhibited document

namely Ex.R1. 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.1,38,538/- 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, at the time of the accident the claimant

was studying MBA at Vivekananda College,

Bangalore, he is a very bright student and he has a

very good future. In addition to that, he was

supporting his father in agriculture work. Due to

disability he is unable to do his day today work. He

has examined the doctor who assessed the whole

body disability as 12%. The Tribunal has failed to

grant any compensation for 'future loss of income due

to disability'.

Secondly, due to the accident, the claimant has

sustained grievous injuries. He was treated as

inpatient for a period of 14 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 and he has to suffer the disability

and unhappiness throughout his life. Considering the

same, the compensation granted by the Tribunal

under the heads of 'pain and sufferings', 'loss of

amenities' 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, even though he was studying MBA, after

the accident he has completed his studies. The

disability has not affected his studies. Therefore, the

Tribunal has rightly not granted any compensation for

'future loss of income due to disability'.

Secondly, considering the injuries sustained by

the claimant and considering materials available on

record, the age and avocation of the claimant, the

overall compensation awarded by the Tribunal is just

and reasonable compensation. 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. It is also not in dispute that he

was studying MBA at Vivekananda College, Bangalore.

He was aged about 21 years at the time of the

accident. He has been examined as PW-1. In his

evidence he has categorically stated that due to the

accidental injury he was unable to continue the

studies and he was also assisting his father before the

accident. Due to the disability he was unable to assist

his father. Therefore, there is loss of future earnings.

This part of the evidence has not been considered by

the Tribunal. Under these circumstances, 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 2013, the notional income has to be taken as

Rs.8,000/- p.m. As per wound certificate, the

claimant has sustained comminuted fracture of right

femur (paternal third) and other injuries to his right

leg, forehead, left shoulder, left hand and bleeding

injuries to all over his body. The Tribunal, after

considering the evidence of the doctor, has rightly

assessed the whole body disability at 10%. The

claimant was aged about 21 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.1,72,800/- (Rs.8,000*12*18* 10%) on account

of 'loss of future income'.

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 30,000 30,000 Medical expenses 53,538 53,538 Food, nourishment, 10,000 10,000 conveyance and attendant charges Loss of amenities 25,000 25,000 Loss of future income 0 1,72,800 Future medical expenses 20,000 20,000 Total 1,38,538 3,11,338

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.3,11,338/- as against Rs.1,38,538/- awarded by

the Tribunal.

The Insurance Company is directed to deposit

the compensation amount along with interest @ 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

The Tribunal is directed to release the entire

compensation to the claimant after due verification.

Sd/-

JUDGE

Cm/-