Karnataka High Court

Gowramma vs The Managing Director on 15 December, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

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                                                         NC: 2023:KHC:45807
                                                     MFA No. 6335 of 2023




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 15TH DAY OF DECEMBER, 2023

                                          BEFORE
                     THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 6335 OF 2023 (MV)
                   BETWEEN:

                   GOWRAMMA
                   W/O CHOWDA REDDY
                   NOW AGED ABOUT 69 YEARS
                   R/AT NO. 3, THARALU
                   BANGALORE - 560 082.
                                                               ...APPELLANT
                   (BY SRI. RANGEGOWDA N R.,ADVOCATE)

                   AND:

                   THE MANAGING DIRECTOR
                   KSRTC DIVISION
                   K.H.ROAD, SHANTHINAGAR
                   BANGALORE - 560 082.
                                                             ...RESPONDENT
Digitally signed
by                 (BY SRI. SHANKAR GOUD G.,ADVOCATE )
DHANALAKSHMI
MURTHY
                        THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
Location: High
Court of           AGAINST THE JUDGMENT AND AWARD DATED 02.02.2023
Karnataka
                   PASSED IN MVC NO. 749/2022      ON THE FILE OF THE I
                   ADDITIONAL SMALL CAUSES JUDGE AND MOTOR ACCIDENT
                   CLAIMS TRIBUNAL, BENGALURU (SCCH-11),          PARTLY
                   ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
                   SEEKING ENHANCEMENT OF COMPENSATION.

                       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
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                                           NC: 2023:KHC:45807
                                         MFA No. 6335 of 2023




                        JUDGMENT

1. 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

dated 02.02.2023 passed by MACT, Bengaluru in MVC

No.749/2022.

2. Facts giving rise to the filing of the appeal briefly

stated are that on 13.01.2022 at about 11.00 to 11.05

a.m., when the claimant was proceeding as a pillion rider

on Honda Activa bearing Registration No.KA-05-JA-6591

along with her husband namely Chowda Reddy at

Pattareddypalya Cross, Kanakapura-Bengaluru Main Road,

at that time, the driver of the KSRTC Bus bearing

Registration No.KA-42-F-1753 drove the same at high

speed in a rash and negligent manner and dashed to their

vehicle. As a result of the aforesaid accident, the claimant

sustained grievous injuries and was hospitalized.

NC: 2023:KHC:45807

3. The claimant filed a petition under Section 166 of the

Act seeking compensation. It was pleaded that she spent

huge amount towards medical expenses, conveyance

charges, etc. It was further pleaded that the accident

occurred purely on account of the rash and negligent

driving of the offending vehicle by its driver.

4. On service of notice, the respondent appeared

through counsel and filed written statement in which the

averments made in the petition were denied. It was

pleaded that the petition itself is false and frivolous in the

eye of law. The age, avocation and income of the claimant

and the medical expenses are denied. 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 herself was examined as PW-1

NC: 2023:KHC:45807

and Dr.Nagaraj B. N. was examined as PW-2 and got

exhibited documents namely Ex.P1 to Ex.P14. On behalf

of the respondents, one witness was examined as RW-1

but no document was exhibited. The Claims Tribunal, by

the impugned judgment, inter alia, held that the accident

took place on account of rash and negligent driving of the

offending vehicle by its driver, as a result of which, the

claimant sustained injuries. The Tribunal further held that

the claimant is entitled to a compensation of Rs.2,63,820/-

along with interest at the rate of 6% p.a. and directed the

Corporation to deposit the compensation amount along

with interest. Being aggrieved, the present appeal has

been filed.

6. The learned counsel for the claimant has raised the

following contentions:

a) Firstly, even though the claimant claims that she was

doing milk vending business and also doing agriculture

work and growing ragi, paddy, vegetables and earning

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Rs.20,000/- per month, but the Tribunal has taken the

notional income as merely as Rs.15,500/- p.m.

b) Secondly, the claimant has examined the doctor as

PW-2. The doctor in his evidence has stated that the

claimant has suffered disability of 35% to left arm and

12% to whole body. But the Tribunal has taken the whole

body disability at 7%, which is on the lower side.

c) Thirdly, due to the accident, the claimant has

sustained grievous injuries. She was treated as inpatient

for a period of 11 days. Even after discharge from the

hospital, she was not in a position to discharge her regular

work. She has suffered lot of pain during treatment.

Considering the same, the compensation awarded by the

Tribunal under the heads of 'loss of amenities', 'pain and

sufferings' and other incidental expenses 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:

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a) Firstly, even though the claimant claims that she was

earning Rs.20,000/- per month, she has not produced any

documents to establish her income. In the absence of

proof of income, the Tribunal has rightly assessed the

income of the claimant notionally.

b) Secondly, even though the doctor has assessed the

35% disability to left arm and whole body disability at

12%, the Tribunal considering the injuries sustained by

the claimant and evidence of the doctor, has rightly

assessed the whole body disability at 7%.

c) Thirdly, considering the injuries sustained by the

claimant and considering the age and avocation of the

claimant, the compensation awarded by the Tribunal under

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

other incidental expenses are just and reasonable and it

does not call for interference. Hence, he sought for

dismissal of the appeal.

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8. Heard the learned counsel for the parties and

perused the judgment and award of the Tribunal.

9. It is not in dispute that the claimant has sustained

injuries in the road traffic accident occurred on 13.01.2022

due to rash and negligent driving of the offending vehicle

by its driver.

10. The Tribunal considering the evidence of claimant,

age and avocation of the claimant, has rightly assessed

the monthly income of the claimant at Rs.15,500/-.

11. As per wound certificate, the claimant has sustained

left distal radius fracture with Ulnar Styloid process

fracture and underwent closed reduction and internal

fixation with K wire. The doctor in his evidence has stated

that the claimant has suffered disability of 35% to left arm

and 12% to whole body. Therefore, taking into

consideration the deposition of the doctor and injuries

mentioned in the wound certificate, I am of the opinion

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that the whole body disability is assessed at 10%. The

claimant is aged about 70 years at the time of the

accident and multiplier applicable to her age group is '5'.

Thus, the claimant is entitled for compensation of

Rs.93,000/- (Rs.15,500*12*5*10%) on account of 'loss

of future income'.

12. The nature of injuries suggests that the claimant

must have been under rest and treatment for a period of 3

months. Therefore, the claimant is entitled for

compensation of Rs.46,500/- (Rs.15,500*3 months)

under the head 'loss of income during laid up period'.

13. Due to the accident, the claimant has suffered

grievous injuries and also undergone surgery. She was

treated as inpatient for more than 11 days in the hospital.

She has suffered lot of pain during treatment and she has

to suffer with the disability stated by the doctor

throughout her life. Considering the same, I am inclined to

enhance the compensation awarded by the Tribunal under

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the head of 'loss of amenities' from Rs.10,000/- to

Rs.25,000/- and under the head of 'food and extra

nourishment and medical attendant and conveyance' from

Rs.14,400/- to Rs.20,000/-.

14. Considering the nature of injuries, the compensation

awarded by the Tribunal under other heads is just and

reasonable.

15. Thus, the claimant is entitled to the following

compensation:

                            As awarded       As awarded
                              by the           by this
  Compensation under         Tribunal           Court
    different Heads
                                  (Rs.)         (Rs.)

 Pain and sufferings                50,000         50,000

 Medical expenses                   93,320         93,320

 Food, extra                        14,400         20,000
 nourishment,
 conveyance and medical
 attendant charges

 Loss of income during              31,000         46,500
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                                                       NC: 2023:KHC:45807





     laid up period

     Loss of amenities                          10,000             25,000

     Loss of future income                      65,100             93,000

                      Total                   2,63,820         3,27,820

16. In the result, the following order is passed:

ORDER

a) The appeal is allowed in part.

b) The judgment of the Claims Tribunal is modified.

c) The claimant is entitled to a total compensation of

Rs.3,27,820/-.

d) The Corporation 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.