Karnataka High Court
Sri Jagadish vs Sri Manjunath Gowda on 15 December, 2023
-1-
NC: 2023:KHC:45946
MFA No. 4984 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO.4984 OF 2019(MV-I)
BETWEEN:
SRI. JAGADISH,
S/O LATE NARAYANAPPA
@ NAREPPA,
NOW AGED ABOUT 47 YEARS.
APERSON INCAPABLE OF
PROTECTING HIS INTEREST,
IS REPRESENTED BY HIS NEXT
FRIEND/WIFE,
SMT. SHAMALAMMA,
W/O JAGADISH,
AGED ABOUT 45 YEARS.
Digitally BOTH ARE
signed by JAI R/AT KEMBATHANAHALLI VILLAGE,
JYOTHI J
Location: THOTLI POST,
HIGH COURT KOLAR TALUK & DISTRICT.
OF
KARNATAKA ...APPELLANT
(BY SRI. GOPAL KRISHNA N., ADVOCATE)
AND:
1. SRI. MANJUNATH GOWDA,
S/O GANGAPPA,
MAJOR IN AGE,
R/AT NO.283,
AMBEDKAR NAGAR,
-2-
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MFA No. 4984 of 2019
1-9 ROAD, LEFT SIDE OF ULLALA,
BANGALORE - 560 056.
2. THE ORIENTAL INSURANCE
COMPANY LTD.,
BRANCH OFFICE,
NO.20, 2ND FLOOR, 9TH MAIN,
OPP: PAI VICEROY HOTEL,
JAYANAGAR III BLOCK,
BANGALORE - 560 011.
REP. BY ITS MANAGER.
...RESPONDENTS
(BY SRI. ASHOK N NAYAK, ADVOCATE FOR R2;
VIDE ORDER DATED:06.11.2023, NOTICE TO
R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 16/09/2017, PASSED IN MVC
NO.7467/2012, ON THE FILE OF THE XXII ADDITIONAL SMALL
CAUSES JUDGE & XX ACMM., & MEMBER, MACT, BENGALURU,
(SCCH-24), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in M.V.C.No.7467/2012
on the file of the XXII Additional Small Causes Judge and XX
Additional Chief Metropolitan Magistrate & MACT, Bengaluru
(SCCH-24) at Bengaluru dated 16.09.2017, the claimant is
before this Court seeking enhancement of compensation. The
claim petition is filed seeking compensation of amount of
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Rs.20,00,000/- for the injuries sustained by the claimant in the
motor accident.
2. It is the case of the claimant that on 01.06.2012 at
about 9.00 a.m., the injured was going towards his village by
riding the motor cycle when he was about to enter Kolar - H.
Cross road, one Hero Honda Splendor Pro came from Vemgal
side ridden by its rider at high speed in a rash and negligent
manner went to the wrong side of the road and dashed against
the petitioner's motor cycle. Due to the impact, he was
knocked down and sustained injuries. According to the
claimant, he was earning an amount of Rs.9,000/- per month.
Because of the accident, he is bed ridden till date. As per the
wound certificate, the petitioner had sustained intra ventricular
bleed in B/L and lateral ventricle extending into III Ventricle,
Intraparenchymal bleed in left basal ganglionics and open type
III M/3 B/3 fracture right femur with intra articular extension of
lacerated wound over right knee with tibial tuberosity
unicortical fracture. As per the doctor, these injuries are
grievous in nature. It is stated by the doctor that the claimant
is always bed ridden. Inspite of best available treatment, he is
suffering from severe head ache and giddiness, all his sense
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organs have become weak speech, vision and hearing capacity
has been greatly affected, due to head injury and femur
fracture all his four limbs have become weak and he cannot
move an inch independently. He is suffering from right sided
hemiperisis i.e., stroke to right side limbs and weakness.
Considering all these factors, the Court below had granted an
amount of 50,000/- under the head pain and sufferings. When
it comes to medical expenses, an amount of Rs.3,27,370/- is
awarded. Towards conveyance, food and nourishment,
Rs.50,000/- is awarded and towards present and future
attendant charges, an amount of Rs.1,00,000/- is awarded.
According to the doctor, claimant had sustained 83.33%
disability to the whole body. The Court below had considered
70% disability and granted an amount of Rs.7,05,600/- under
the head loss of present and future earnings and towards loss
of amenities of life, an amount of Rs.1,00,000/- is awarded. All
together, compensation of Rs.13,82,970/- was awarded.
3. Learned counsel appearing for the appellant/claimant
submits that the claimant had sustained 80% disability more or
less it is 100% disability. He is not in a position to do any work
on his own. It is the case of the claimant that he was working
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as a Mason and earning a sum of Rs.9,000/- per month. The
Court below had taken income of the claimant at Rs.6,000/- per
month. Learned counsel submits that it is an accident of the
year 2012. The Court below ought to have taken Rs.7,000/- as
income. It is submitted that while awarding compensation
under the head loss of future income due to disability, the
Court below had not considered the future prospectus as he is
aged about 44 years. The Court below ought to have
considered future prospects at 25% which was not done. He
submits that no amounts were granted under the head loss of
income during laid up period. Further, under all the other
heads, the Court below has not awarded reasonable
compensation.
4. Learned counsel appearing for the respondent No.2 -
Insurance Company submits that the Court below had rightly
considered and in fact, the compensation awarded under all
heads by the Court below is on the higher side and no grounds
are made out for interference.
5. Having heard learned counsel on either side and
perused the entire material on record.
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6. In this case, as per the medical evidence, the claimant
had sustained severe injuries to the head and other parts of the
body. For the injuries sustained to the head, he is not in a
position to do any work and his sensory organs have become
weak. The Court below had considered the disability at 70%.
This Court finds that disability arrived at 70% requires no
interference from this Court and coming to the income,
according to the claimant he was earning Rs.9,000/- per
month. The Court had taken income of the claimant at
Rs.6,000/- per month. Considering the year of accident i.e.,
2012 and as per the chart, this Court is inclined to take notional
income of the claimant at Rs.7,000/-. Considering the age of
the claimant at 44 years, future prospects of 25% has to be
added to the income. Hence, compensation under the head
loss of future income due to disability comes to Rs.8,750 x
12 x 14 x 70/100 = 10,29,000/-. Towards pain and
sufferings, the Court below had granted an amount of
Rs.50,000/-, considering the head injury, this Court is inclined
to grant an amount of Rs.90,000/- towards pain and
sufferings. Coming to the medical expenses, the Tribunal
had rightly granted an amount of Rs.3,27,370/- basing on the
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evidence let in and on that count, no interference is called for.
Coming to attendant, conveyance, food and nourishment,
the Tribunal had rightly granted an amount of Rs.50,000/-
and no interference is called for. Towards present and future
attendant charges, the Court below had granted an amount of
Rs.1,00,000/-, considering the injuries sustained by the
claimant, this Court is inclined to grant an amount of
Rs.1,50,000/- towards present and future attendant
charges. Towards future medical expenses, the Court below
had granted an amount of Rs.50,000/-, considering the injuries
this Court is inclined to grant an amount of Rs.1,00,000/-
towards future medical expenses. Towards loss of amenities
of life, the Court below had granted an amount of
Rs.1,00,000/-, considering the disability at 70% to the whole
body and evidence on record, this Court is inclined to grant an
amount of Rs.1,20,000/- towards loss of amenities of life.
The Court below had not granted any compensation towards
loss of income during laid up period. This Court is inclined to
grant an amount of Rs.42,000/- (7,000 x 6) towards loss of
income during laid up period.
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7. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V.MEKALA VS.M.MALATHI AND
ANOTHER1, the claimant is entitled for an amount of
Rs.10,000/- towards legal expenses.
8. The claimant is entitled for compensation under the
following heads:
Sl.No. Description of Items Amounts
Rs.
1. Pain and Suffering 90,000.00
2. Medical expenses 3,27,370.00
3. Loss of future income due to 10,29,000.00
disability
4. Attendant, conveyance, food 50,000.00
and nourishment
5. Future medical expenses 1,00,000.00
6. Loss of amenities 1,20,000.00
7. Loss of income during laid up 42,000.00
period
8. Present and future attendant 1,50,000
charges
9. Legal Expenses 10,000.00
Total 19,18,370.00
(2014) 11 SCC 178
NC: 2023:KHC:45946
(a) Accordingly, the appeal is Allowed-in-part,
enhancing the compensation amount from
Rs.13,82,970/- to Rs.19,18,370/-.
(b) The enhanced amount shall carry interest @
6% per annum from the date of petition, till
the date of realization.
(c) Respondent No.2 - Insurance Company shall
deposit the enhanced compensation amount
within a period of eight weeks from the date
of receipt of copy of the judgment. On such
deposit, the claimant is entitled to withdraw
the same without furnishing the security.
(d) The claimant is not entitled for interest for
the delayed period of 536 days in filing the
appeal.
(e) No Costs.
Pending miscellaneous petitions, if any, shall stand
closed.
SD/-
JUDGE
MH/-
CT:SNN
