Karnataka High Court
S Manojkumar vs Ramesh on 20 December, 2023
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NC: 2023:KHC:46830
MFA No. 6433 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 6433 OF 2019 (MV-I)
BETWEEN:
S MANOJKUMAR,
S/O SAMPATH K,
AGED ABOUT 22 YEARS,
R/AT 171, JCW NAGAR, SHESHADRIPURAM,
BANGALORE NORTH, BANGALORE - 20.
...APPELLANT
(BY SRI. SHRIPAD V SHASTRI, ADVOCATE)
AND:
1. RAMESH, MAJOR,
S/O DODDANNA,
R/O KB DODDI MADAPURA,
Digitally NIDAGHATTA ATHAGUR HOBLI,
signed by JAI MADDUR TALUK,
JYOTHI J
MANDYA DISTRICT - 571 433.
Location:
HIGH COURT
OF 2. THE BRANCH MANAGER,
KARNATAKA
SRI RAM GENERAL INS., CO., LTD.,
NO.3/4, SV ARCADE, 3RD FLOOR,
OPP BANNARAGHATTA ROAD,
DEVARACHIKKANAHALLI ROAD,
BELAKALHALLI, BENGALURU - 560 076.
...RESPONDENTS
(BY SRI. B.C. SHIVANNA GOWDA, ADVOCATE FOR R2;
VIDE ORDER DATED 28.06.2023 NOTICE TO R1 IS
DISPENSED WITH)
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NC: 2023:KHC:46830
MFA No. 6433 of 2019
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01.04.2019 PASSED IN MVC
NO.4421/2018 ON THE FILE OF THE XIII ADDITIONAL JUDGE,
COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU
(SCCH-15), 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:
JUDGMENT
Aggrieved by the award passed in
M.V.C.No.4421/2018 dated 01.04.2019 by the Motor
Accident Claims Tribunal at Bengaluru (SCCH-15), the
claimant is before this Court. The claim petition was filed
seeking compensation of an amount of Rs.15,00,000/- for
the injuries sustained by the claimant in the accident.
2. According to the claimant, he was 21 years old,
working as worker at Namma Metro Railway Dept. and
earning a sum of Rs.15,000/- per month. As per the
wound certificate, he had sustained Closed fracture shaft
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of Left Femur. As per the evidence of the doctor, he had
sustained 41% disability to the left upper limb and 10%
disability to the whole body.
3. The Court below, towards loss of permanent
physical impairment, had granted an amount of
Rs.50,000/- without applying the multiplier. The Court
below had observed that it is the case that he was working
at Namma Metro Railway Dept., but, as the claimant had
not placed any document, the same was not considered.
Accordingly, the Court below had granted compensation as
shown in the table below:
Heads Compensation
Awarded
1. Pain and Sufferings Rs. 40,000/-
2. Loss of income during the laid Rs. 20,000/-
up period
3. Medical Expenditure Rs. 6,500/-
4. Future Medical Expenses Rs. 10,000/-
5. Diet and conveyance Rs. 10,000/-
6. Loss of amenities Rs. 20,000/-
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7. Loss of permanent physical Rs. 50,000/-
impairment
Total Rs. 1,56,500/-
4. Learned counsel appearing for the claimant
submits that this is an accident of the year 2018 and
according to the claimant, he was earning an amount of
Rs.15,000/- per month. Though he had not placed any
document, the Court below ought to have taken a
reasonable amount as the income. It is further stated that
when he had sustained injury and the disability, the Court
below ought to have applied the multiplier and granted the
compensation. The Court below went wrong in not
considering the income on the ground that no document is
placed by the claimant. It is submitted that under all the
heads, compensation that was awarded by the Tribunal
was not just and reasonable.
5. Learned counsel appearing for the Insurance
Company submits that the Court below had rightly granted
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the compensation. When it is the case of the claimant
that he was working as worker at Namma Metro Railway
Dept., he ought to have placed relevant documents to
substantiate the same. Learned counsel submits that the
Court below had rightly granted compensation and no
grounds are made out seeking enhancement of the
compensation.
6. Having heard the learned counsel on either side,
perused the entire material on record. In this case,
according to the claimant, he was working at Namma
Metro Railway Dept., but he had not produced any
document in support of the same. That itself cannot be a
ground for the Court below not to grant the compensation
under the head of loss of future income due to disability.
When the Court had taken an amount of Rs.10,000/- as
the income, it ought to have considered the same and by
applying the multiplier should have granted the amount
under the head of loss of income during the laid up period.
Considering the fact that this is an accident of the year
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2018, this Court is taking an amount of Rs.12,500/- as the
income. According to the doctor, the claimant had
sustained 41% disability to the limb. Though it is stated
that it is 10% disability to the whole body, generally the
Court is considering 1/3rd of the limb disability as the
disability to the whole body. Hence, it comes to 13.6%
disability and the Court is taking it as 14%. Hence, loss
of future income due to disability comes to
Rs.12,500x12x18x14/100 = Rs.3,78,000/-. Towards
pain and suffering the Court below had granted an amount
of Rs.40,000/- which is reasonable and no grounds are
made out seeking enhancement of the compensation.
7. Then coming to the loss of income during the
laid up period, Rs.12,500x3 = Rs.37,500/-. Towards
medical expenses and future medical expenses, the Court
below had rightly granted the compensation basing on the
medical bills and the evidence on record. This Court finds
no reason to interfere the same. Towards diet and
conveyance, the Court below had granted an amount of
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Rs.10,000/-. Considering the hospitalization, this Court is
granting an amount of Rs.20,000/- towards diet and
conveyance. Then towards loss of amenities, considering
the disability, this Court is granting an amount of
Rs.30,000/- towards loss of amenities.
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 ANOTHER1, the claimant is entitled for an
amount of Rs.10,000/- towards legal expenses.
Altogether, the claimant is entitled for an amount of
Rs.5,32,000/-.
9. The claimant is therefore, entitled to the
compensation under the following heads:
Heads Compensation
Awarded
1. Pain and Sufferings : Rs. 40,000/-
2. Loss of income during the laid : Rs. 37,500/-
up period
(2014) 11 SCC 178
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3. Medical expenses : Rs. 6,500/-
4. Future medical expenses : Rs. 10,000/-
5. Diet and conveyance : Rs. 20,000/-
6. Loss of amenities : Rs. 30,000/-
7. Loss of future income : Rs. 3,78,000/-
8. Legal Expenses : Rs. 10,000/-
TOTAL : Rs.
5,32,000/-
10. Accordingly, the appeal of the claimant is
allowed-in-part by enhancing the compensation from an
amount of Rs.1,56,500/- to Rs.5,32,000/- setting aside
the award passed in M.V.C.No.4421/2018 dated
01.04.2019.
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
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judgment. On such deposit, the claimant is
entitled to withdraw the entire amount without
furnishing any security.
iii. Registry is directed to return the Trial Court
Records to the Tribunal, along with certified
copy of the order passed by this Court forthwith
without any delay.
iv. No costs.
Pending miscellaneous petitions, if any, shall stand
closed.
SD/-
JUDGE
MEG
CT: BHK
