Karnataka High Court
Ramesha @ Ramanna vs Ananda V on 30 August, 2023
Bench: M.I.Arun
-1-
NC: 2023:KHC:31514
MFA No. 7346 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR.JUSTICE M.I.ARUN
MISCELLANEOUS FIRST APPEAL NO.7346 OF 2019 (MV-I)
BETWEEN:
1. RAMESHA @ RAMANNA
S/O. KALE GOWDA
AGED ABOUT 46 YEARS
LORRY DRIVER, R/O. CHIKKAL
HOLEHONNUR ROAD
SHIVAMOGGA CITY-577 201.
...APPELLANT
(BY SRI S.V. PRAKASH, ADVOCATE)
AND:
1. ANANDA V.
S/O. VENKATESH
Digitally
AGED ABOUT 30 YEARS
signed by H R/O. NO.39, 1ST ROAD
K HEMA
SHANTHINAGARA
Location:
High Court B.R.PROJECT
of Karnataka BHADRAVATHI TALUK
SHIVAMOGGA DISTRICT.
2. THE CHOLAMANDALAM
M.S. GENERAL INSURANCE CO. LTD.
2ND FLOOR, DARE HOUSE
NO. 2, NSC BOSE ROAD
CHENNAI-600 001.
...RESPONDENTS
(BY SRI MURALIDHAR NAGAVAR, ADVOCATE FOR R.2;
R.1: SERVED AND UNREPRESENTED.)
-2-
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MFA No. 7346 of 2019
THIS MFA IS FILED UNDER SECTION 173(1) OF M.V. ACT,
PRAYING TO GRANT JUST AND REASONABLE COMPENSATION
AS PRAYED FOR OR AS THIS HON'BLE COURT DEEMS IT
APPROPRIATE BY MODIFYING THE JUDGMENT AND AWARD
DATED 09.04.2019 PASSED BY THE COURT OF LEARNED
PRINCIPAL SENIOR CIVIL JUDGE AND AMACT VI AT
SHIVAMOGGA IN MVC NO.269/2017 IN SO FAR AS THE
QUANTUM OF THE COMPENSATION IS CONCERNED.
THIS MFA COMING ON FOR FINAL HEARING, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. Aggrieved by the judgment and award dated
09.04.2019 passed in MVC No.269/2017 by the Court of the
Principal Senior Civil Judge and Additional Motor Accidents
Claims Tribunal-VI at Shivamogga (for short 'the Tribunal'),
the petitioner therein has preferred this appeal.
2. For the sake of convenience, the parties are referred to
herein as per their status before the Tribunal.
3. Brief facts of the case are as follows:
On 10.05.2015, at about 1.45 p.m., while the
petitioner was traveling in a motorcycle bearing registration
No.KA-05-HF-0136 met with an accident near Sri Lakshmi
Narasimha Temple, B.R.Project, Lakkavalli with a Luggage
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MFA No. 7346 of 2019
Auto bearing registration No.KA-14-B-0781. The accident
was caused due to rash and negligent driving of the auto
which was duly insured with respondent no.2/Insurance
Company. The liability is not in dispute. The petitioner due
to the accident sustained the following injuries:
(1) Head injury with extra dural haemorrhage
with undisplaced fractures of left parietal and
left frontal bone,
(2) Multiple facial bone fractures and right orbit
fracture,
(3) Left eye vitreous haemorrhage with left orbit
fracture,
(4) Comminuted fracture of right femur,
(5) Type 1 open segmental fracture of right tibia
and fracture of fibula,
(6) Laceration 2x1x1 cm over middle and distal
phalynger of middle finger of right hand,
(7) Multiple grazed abrasion over right thigh,
(8) Sutured laceration 2 in number 1 cm each in
length around right eye.
The Tribunal considering the functional disability due to
the injury being 13%, has awarded a sum of Rs.3,12,680/-
along with interest @ 6% p.a. from the date of petition till
payment as compensation payable by respondent no.2. Not
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MFA No. 7346 of 2019
satisfied by the same, the petitioner therein has preferred
this appeal.
4. The petitioner was aged 46 years at the time of the
accident and based on the injuries suffered by him, the
Tribunal has taken the total body disability at 13%, which is
not disputed by either of the contesting parties. Taking into
consideration the age of the petitioner, a multiplier of 13 is
applicable as per the law laid down by the Apex Court in
SARLA VERMA & ORS V. DELHI TRANSPORT CORP.&
ANR reported in 2009(6) SCC 121. Further, the petitioner
has not proved his income before the Tribunal and hence,
the income needs to be fixed notionally as per the chart
prepared by the Karnataka State Legal Services Authority in
consultation with Insurance Companies which will be
Rs.9,000/- per month.
5. Based on the above, the petitioner would be entitled to
a sum of Rs.1,82,520/- (Rs.9,000/- X 12 X 13 X 13%)
towards 'loss of future income' as against Rs.1,21,680/-
awarded by the Tribunal.
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MFA No. 7346 of 2019
6. Given the nature of injuries, six months has to be
considered as laid up period and he would be entitled to a
sum of Rs.54,000/- towards 'loss of income during laid up
period' as against Rs.36,000/- awarded by the Tribunal.
7. The Tribunal has awarded a sum of Rs.60,000/-
towards 'pain and suffering'. Given the nature of injuries, I
deem the same to be appropriate. Towards 'medical
expenses', based on bills submitted, the petitioner has been
awarded a sum of Rs.35,000/-. I deem the same to be
appropriate. Towards 'food, attendant and conveyance
charges', a sum of Rs.30,000/- is awarded. I deem the
same to be appropriate. Towards future medical expenses, a
sum of Rs.30,000/- is awarded based on the evidence let in.
I deem the same to be appropriate.
8. Towards 'loss of amenities', no amount is awarded by the
Tribunal. Given the nature of injuries, I deem it appropriate
to award a sum of Rs.40,000/- under the said head.
9. Thus, the petitioner would be entitled to a sum of
Rs.4,31,520/- as against Rs.3,12,680/- awarded by the
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MFA No. 7346 of 2019
Tribunal. Accordingly, the petitioner is entitled to an
enhanced compensation of Rs.1,18,840/- (Rs.4,31,520/-
minus Rs.3,12,680/-).
10. Given the bank rate of interest, I deem it appropriate
to award interest @ 6% per annum from the date of petition
before the Tribunal till realisation on the enhanced
compensation.
11. Hence, the following:
ORDER
(i) The appeal is allowed in part;
(ii) Petitioner shall be entitled to an enhanced
compensation of Rs.1,18,840/- along with
interest @ 6% per annum from the date of
petition till realization, which shall be over and
above what has already been awarded by the
Tribunal;
(iii) Respondent no.2 shall pay the compensation
within a period of six weeks from the date of
receipt of a certified copy of this order;
(iv) Office to draw modified award accordingly;
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MFA No. 7346 of 2019
(v) Registry to return the records to the
jurisdictional Tribunal forthwith.
SD/-
JUDGE
hkh.
