Karnataka High Court

Chinnappaiah @ Chikkappaiah vs Ramesh on 19 December, 2023

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                                                        NC: 2023:KHC:46404
                                                   MFA No. 2647 of 2018




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 19TH DAY OF DECEMBER, 2023

                                        BEFORE
                     THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
                MISCELLANEOUS FIRST APPEAL NO. 2647 OF 2018 (MV-I)
                BETWEEN:

                CHINNAPPAIAH @ CHIKKAPPAIAH,
                S/O LATE NANJUNDAPPA,
                AGED 57 YEARS,
                R/AT AMBEDKARNAGARA,
                MANCHENAHALLI, GOWRIBIDANUR TALUK,
                CHIKKABALLAPUR DISTRICT - 561 212.
                                                              ...APPELLANT
                (BY SRI. D. NAGARAJA REDDY, ADVOCATE)

                AND:

                1.    RAMESH,
                      S/O LATE MUNIYAPPA, MAJOR,
Digitally
                      C/O Y N SRINIVAS,
signed by JAI         BEHIND T.B. CHIKKABALLAPURA TOWN,
JYOTHI J
                      CHICKBALLAPUR - 562 101.
Location:
HIGH COURT
OF
KARNATAKA       2.    M/S. SHRIRAM GENERAL INSURNACE CO. LTD.,
                      REGIONAL OFFICE, # 4/5, III FLOOR,
                      S V ARCADE, BILEKAHALLI MAIN ROAD,
                      OFF B G ROAD, I I M POST,
                      BENGALURU - 560 076,
                      REPRESENTED BY ITS MANAGER.
                                                         ...RESPONDENTS
                (BY SRI. B. PRADEEP, ADVOCATE FOR R2;
                    VIDE ORDER DATED 14.12.2023 NOTICE TO R1 IS
                    DISPENSED WITH)
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                                              NC: 2023:KHC:46404
                                         MFA No. 2647 of 2018




      THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 08.01.2018             PASSED IN MVC
NO.5922/2016 ON THE FILE OF THE XXIII ADDITIONAL SMALL
CAUSE JUDGE, XXI ACMM, MACT, COURT OF SMALL CAUSES,
BENGALURU,     (SCCH-25),    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

This is an appeal filed by the claimant aggrieved by

the award passed in M.V.C.No.5922/2016 dated

08.01.2018 by the Motor Accident Claims Tribunal Court of

Small Causes, at Bengaluru (SCCH-25). The claim petition

was filed seeking compensation of an amount of

Rs.25,00,000/- for the injuries sustained by the claimant

in the accident.

2. The claimant was 51 years old as on the date of

the accident and he was working as a Mason and earning

an amount of Rs.15,000/- per month. The Tribunal had

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taken the income at Rs.8,000/- per month. According to

the doctor, there is 85% whole body disability. The

Tribunal had taken 50% as the disability and granted

compensation as per the table below:

                  Heads                 Compensation
                                          Awarded

1.   Pain and Suffering             Rs.       1,00,000/-

2.   Medical expenses               Rs.        12,509/-

3.   Loss of future income          Rs.       5,28,000/-

4.   Loss of future amenities and   Rs.        20,000/-
     happiness

5.   Attendant, conveyance, food    Rs.        20,000/-
     and nourishment charges

6.   Future medical expenses        Rs.        75,000/-

     TOTAL                          Rs.       7,55,509/-

3. Learned counsel appearing for the claimant

submits that he was working as a Mason and he would not

be in a position to do work because of the disability.

When the doctor had stated that he had sustained 85%

disability to the whole body, the Tribunal had taken 50%

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as the whole body disability. He submits that the income

that was taken was also on the lower side. He submits

that under the head of loss of future amenities, pain and

suffering, attendant, conveyance and food and

nourishment charges, future medical expenses, the

amounts that were granted by the Tribunal was on the

lower side.

4. Learned counsel appearing for the Insurance

Company submits that as per the Employees

Compensation Act, amputation above the knee is 60%

disability, but the doctor had deposed that he had

sustained 85% disability and he submits that the disability

cannot be taken as stated by the doctor. Learned counsel

further submits that when there was no evidence on

record, the Court below had rightly taken the income at

Rs.8,000/- per month. It is submitted that no grounds are

made out seeking enhancement of the compensation.

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5. In this case, the claimant had sustained injuries

and the right leg was amputated above the knee and he

was working as a Mason. According to the doctor, the

claimant had sustained 85% disability. The Tribunal had

taken 50% disability and had not considered the future

prospectus. Considering the occupation, age and the

evidence of the doctor, this Court is inclined to take the

70% as the disability. The Tribunal went wrong in not

granting the future prospectus. Considering that this

accident of the year 2015, this Court is taking the income

at Rs.9,000/- per month. Future prospectus at 10% would

come to Rs.9,900x12x11x70/100 = Rs.9,14,760/- i.e.,

under the head of loss of future income due to

disability.

6. Then coming to the head of pain and suffering,

considering the amputation, this Court is granting an

amount of Rs.1,50,000/- under the head of pain and

suffering. Towards medical bills, the Court below had

rightly granted the compensation. Then coming to the

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loss of future amenities and happiness, granting an

amount of Rs.20,000/- in a case of this nature is on the

lower side and this Court is granting an amount of

Rs.1,00,000/- under the head of loss of future

amenities and happiness. Then coming to the head of

attendance, conveyance charges and food and

nourishment, he was in hospital for 26 days and

considering the injuries and recovery, this Court is

granting an amount of Rs.30,000/- under the head of

attendance, conveyance and food and nourishment.

7. Towards future medical expenses, according to

the doctor, prosthesis is required and according to him, it

would cost an amount of Rs.3,00,000/-. The Court below

had granted an amount of Rs.75,000/- under the head of

future medical expenses. Learned counsel relying on the

judgment in the case of Mohd. Sabeer @ Shabir

Hussain vs Regional Manager, U.P. State Road

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Transport Corporation1, submits that at an age of 37,

the Court had considered the requirement of change of

prosthesis for three times and granted an amount of

Rs.7,00,000/-. He submits that in this case, at least for

two times, it has to be considered. The doctor himself had

stated that it would cost an amount of Rs.3,00,000/-.

Considering the evidence, this Court is granting an amount

of Rs.2,00,000/- towards future medical expenses.

Then coming to the head of loss of income during the laid

up period, no amounts were granted. Hence, for four

months, this Court is granting an amount of Rs.36,000/-

(i.e.,Rs.9,000x4) towards loss of income during the

laid up period.

8. In the light of the law laid down by the Hon'ble

Supreme Court in the case of V.MEKALA vs. M.

MALATHI AND ANOTHER2, the claimant is entitled for an

amount of Rs.10,000/- towards legal expenses.

(2022) 0 SCC 1230

(2014) 11 SCC 178

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Altogether, the claimant is entitled for compensation of an

amount of Rs.14,53,269/-.

9. The claimant is therefore, entitled to the

compensation under the following heads:

                     Heads                 Compensation
                                             Awarded

1.   Pain and Suffering               : Rs.     1,50,000/-

2.   Medical bills                    : Rs.       12,509/-

     Loss of future income due to
3.                                    : Rs.     9,14,760/-
     disability

4.   Loss of future amenities and     : Rs.     1,00,000/-
     happiness

5.   Attendance, conveyance and       : Rs.       30,000/-
     food and nourishment

6.   Future medical expenses          : Rs.     2,00,000/-

7.   Loss of income during the laid   : Rs.       36,000/-
     up period

8.   Legal Expenses                   : Rs.       10,000/-

     TOTAL                            : Rs.
                                              14,53,269/-

                                              NC: 2023:KHC:46404

10. Accordingly, the appeal of the claimant is

allowed-in-part, by enhancing the compensation from an

amount of Rs.7,55,509/- to an amount of

Rs.14,53,269/- setting aside the award passed in

M.V.C.No.5922/2016 dated 08.01.2018.

i. The enhanced amount shall carry interest at 6%

p.a. from the date of petition till the date of

realization.

ii. The respondent - Insurance Company shall

deposit the amount within a period of eight

weeks from the date of receipt of copy of the

judgment. On such deposit, the claimant is