Karnataka High Court
Sri H K Ankush vs Narayanappa on 7 December, 2023
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MFA No. 557 of 2017
C/W MFA No. 556 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 557 OF 2017 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 556 OF 2017(MV-I)
IN MFA NO.557/ 2017
BETWEEN:
SRI H K ANKUSH
S/O.KENCHE GOWDA H S
AGED ABOUT 26 YEARS
R/AT HOUSING BOARD
CHIKMAGALURU-577 101
... APPELLANT
(BY SRI N.SHREYAS., FOR SRI SRIKANTH PATIL
K.,ADVOCATES)
AND:
1. NARAYANAPPA
Digitally S/O LATE BHIMAPPA
signed by AGED ABOUT 36 YEARS
JAI JYOTHI J R/AT THIMMAPURA
Location: ANAVATTI POST
HIGH SORABA TALUK
COURT OF
KARNATAKA SHIVAMOGGA DISTRICT-577 429
2. NEW INDIA ASSURANCE COMPANY LTD
MALLAPPA COMPLEX
N H 206 ROAD
SHIVAMOGGA-577 201
...RESPONDENTS
(NOTICE SERVED TO R-1 SERVED;
BY SRI. K SURYANARAYANA RAO.,ADVOCATE FOR R2)
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MFA No. 557 of 2017
C/W MFA No. 556 of 2017
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED08.03.2016 PASSED IN MVC
NO.123/12 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC,
KADUR, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
IN MFA NO.556/2017
BETWEEN:
SRI S P SUDHANVA
S/O PADME GOWDA S R
AGED ABOUT 25 YEARS
R/AT SATHIGENAHALLI VILLAGE
MUDIGERE TALUK - 577 132
. ... APPELLANT
(BY SRI N.SHREYAS., FOR SRI SRIKANTH PATIL
K.,ADVOCATES)
AND:
1. NARAYANAPPA
S/O LATE BHIMAPPA,
AGED ABOUT 36 YEARS
R/AT THIMMAPURA, ANAVATII POST,
SORABA TALUK,
SHIVAMOGGA DISTRICT - 577 429.
2. NEW INDIA ASSURANCE COMPANY LTD.,
MALLAPPA COMPLEX, N.H.-206 ROAD
SHIVAMOGGA - 577 201.
...RESPONDENTS
(NOTICE SERVED TO R-1 SERVED & UNREPRESENTED; BY SRI.
K SURYANARAYANA RAO FOR R2.,ADVOCATE)
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MFA No. 557 of 2017
C/W MFA No. 556 of 2017
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 08.03.2016 PASSED IN MVC
NO.123/12 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC,
KADUR, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEALS, ARE COMING ON FOR FINAL HEARING,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
These appeals are filed by the claimants aggrieved
by the award passed in MVC.No.122/2012 and
MVC.No.123/2012 dated 08.03.2016 on the file of the
Senior Civil Judge and JMFC & MACT, Kadur, Chikmagalur
District.
2. The case of the claimants is that the claimant in
MVC.No.123/2012 is the rider of the motorcycle, the
claimant in MVC.No.122/2012 is the pillion rider. While
they were traveling in a motor cycle, Maruthi Omni Car
driven by its driver in a rash and negligent manner came
and dashed to the motor cycle. Due to the said impact,
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both the claimants sustained injuries. They were admitted
to the Government Hospital, thereafter they were shifted
to Nanjappa Hospital, Shivamogga and then to Victoria
Hospital, Bangalore. The claimant in MVC.No.123/2012 is
shifted to Nimhan's Hospital and admitted to Rajashekara
Multispeciality Hospital, J.P. Nagara, Bangalore. It is his
case that he spent huge amounts towards treatment and
suffered disability. The court below in MVC.No.123/2012
had granted compensation of an amount of Rs.8,12,750/-
and MVC.No.122/2012 had granted compensation of an
amount of Rs.1,58,053/-. Aggrieved by the award passed
by the Tribunal in MVC.No.123/2012 MFA.No.557/2017 is
filed and against the order passed in MVC.No.122/2012,
MFA.No.556/2017 is filed.
MFA.No.557/2017 arising out of MVC.No.123/2012:-
3. In this case, the claimant had sustained the
following injuries:
i) Lacerated wound present over the forehead
measuring 3 cm x1 cm.
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ii) Compound fracture of femur.
iii) Lacerated wound present over the lower lip
measuring 1cm x 1 cm.
As per the doctor, the first two injuries are grievous in
nature and other injury is simple in nature. The court
below under the head of pain and suffering had granted an
amount of Rs.30,000/-. Basing the on the medical bills
produced an amount of Rs.2,46,750/- is awarded. For
Travelling, Conveyance and Attendant charges an amount
of Rs.25,000/- is awarded. The CW-1 Dr.Jayanath Kumar
B.C. has opined that the claimant had sustained 10%
disability to the lower limb and CW-2 Dr.Yogeshwarappa
has stated that the claimant had sustained disability at
8.33% to whole body. Dr.Vidhya Shankar, CW-3 had
stated that the claimant is having 20% visual disability
and it is permanent in nature. The court had considered
the disability at 15% and income at an amount of
Rs.10,000/- per month by applying the multiplier 18 had
granted an amount of Rs.3,24,000/- towards loss of future
income. Considering the evidence of the doctor towards
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future medical expenses an amount of Rs.1,00,000/- is
awarded. Towards Future prospects an amount of
Rs.12,000/- is granted and towards loss of amenities,
another an amount of Rs.15,000 is granted. Altogether
compensation of an amount of Rs.8,12,750/- was granted
by the Tribunal.
4. Mr. N.Shreyas, Learned counsel for the claimant
submits that the Tribunal had not awarded a just and
reasonable compensation. It is submitted that the doctor
deposed that the disability to the eye is 20% permanent
disability, as eye being a vital organ of the body, the court
below ought to have considered the said disability. He had
relied on the Judgment of this court in the case of
Mahadev Ramachandra Basme -Vs- Divisional
Controller, NWKRTC1 and submits that the court just like
that cannot brush aside the evidence and if there is any
doubt on the evidence of one doctor, it has to take opinion
LAW (KAR)-2015-8-386
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from another doctor. He also submits that under the head
of loss of amenities, transport, attendant charges and
extra nourishment, pain and suffering, the amounts that
were granted by the Tribunal were on the lower side. It is
submitted that considering the disability, i.e., loss of
complete eye sight, the court had granted an amount of
Rs. 15,000/- under the head of loss of amenities, which is
on the lower side. It is submitted that the compensation
that was awarded by the Tribunal was not just and
reasonable.
5. There is no representation on behalf of the
respondents. Having heard the learned counsel for the
appellant, perused the entire material on record. In this
case, the claimant had sustained two grievous injuries and
one simple injury. Under the head of Pain and
suffering, he is entitled for an amount of Rs.50,000/- .
When it comes to Medical expenses, the court below had
rightly basing on the evidence had granted an amount of
Rs.2,46,750/- and no interference is called for. Towards
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Transport, Nourishment and Attendant charges an
amount of Rs.25,000/- is granted by the court below,
considering the hospitalization and the recovery, this court
is inclined to grant an amount of Rs.30,000/-. Then
coming to the loss of income towards during the laid
up period, the court below had awarded an amount of
Rs.60,000/-, which is a reasonable amount and no
interference is called for. Coming to the loss of future
income, the court had taken Rs.10,000/- as income.
Coming to the disability, the court had taken 15% as
disability, the court below ought not to have reduced it to
15%. This court is considering the disability as per
doctor's evidence at 20% permanent disability to the left
eye and granted an amount of Rs.4,32,000/-
(Rs.10,000/- x 12 x 18 x 20 /100) towards loss of
income due to disability. Towards future medical
expenses and future prospectus, the court had rightly
granted an amount of Rs.1,00,000/- and Rs.12,000/-
respectively and no interference is called for. Coming to
loss of amenities, only 15,000/- is granted by the court
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below. Considering the injuries, fractures as well as loss
of 20% permanent eye sight, this court is granting an
amount of Rs.50,000/-.
6. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V. MEKALA -vs- M.
MALATHI AND ANOTHER 2, the claimant is entitled for
an amount of Rs.10,000/- towards legal expenses.
Altogether the claimant is entitled for an amount
Rs.9,90,750/- at 6% interest.
7. The claimant is entitled for compensation under
the following heads:
Sl. Description of Items Compensation
Awarded
No.
1. Loss of income due to Rs. 4,32,000/-
disability
2. Pain and suffering Rs. 50,000/-
3. Medical Expenses Rs. 2,46,750/-
(2014) 11 SCC 178
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4. Future Medical Rs. 1,00,000/-
Expenses
5. Transport, Conveyance, Rs. 30,000/-
Attendant and extra
nourishment
6. Loss of Income during Rs. 60,000/-
laid up period
7. Loss of Amenities Rs. 50,000/-
8. Future Prospectus Rs. 12,000/-
9. Legal Expenses Rs. 10,000/-
Total Rs. 9,90,750/-
MFA.No.556/2017 arising out of MVC.No.122/2012
8. In this case, the claimant had sustained one
grievous injury and four simple injuries. The court below
under the head of pain and suffering had granted an
amount of Rs.16,000/-, towards medical expenses granted
an amount of Rs.9,333/-. Towards Travelling, Attendant
and Nutrition food, an amount of Rs.6,000/- is granted
under each head. The income of the claimant was taken
at Rs.6,000/- by the court below for four months granted
an amount of Rs.24,000/- under the head of loss of
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income during the laid up period. When it comes to loss of
future income, it is the evidence of the doctor that he had
sustained 22.5% disability to the limb, the court had taken
7% and income at an amount of Rs.6,000/- had granted
an amount of Rs.90,720/-. Towards loss of amenities an
amount of Rs.6,000/- is granted. Altogether
compensation of an amount of Rs.1,58,053/- was granted
by Tribunal.
9. There is no representation on behalf of the
Respondent. Mr. N.Shreyas, Learned counsel for the
Appellant submits that the court below under all the heads
had granted a very meager compensation. He submits that
the court below ought to have taken 8% as disability.
Further under the head of loss of amenities, pain and
suffering, the amounts that were granted were not just
and reasonable.
10. Having heard the learned counsel for the
appellant, perused the entire material on record. The
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claimant had sustained one grievous injury and four
simple injuries. Under the head of pain and suffering,
he is entitled for an amount of Rs.30,000/-, towards
medical expenses basing on the evidence the court
below had granted an amount of Rs.9,333/- and no
interference is called for. When it comes to Transport,
Conveyance and Attendant charges on all the three
heads this court is inclined to grant an amount of
Rs.20,000/-. Then coming to the income, the court
below had taken Rs.6,000/- as income. As this is an
accident of the year 2012, this court is considering the
income at Rs.7,000/-, for Four months the claimant is
entitled for an amount of Rs.28,000/- towards loss of
income during the laid up period. Then coming to loss
of future income, taking Rs.7,000/- as income, he is
entitled for an amount of Rs.1,20,960/- (Rs.7,000/- x 12
x 18 x 8/100= 1,21,960/-). Coming to loss of amenities,
the court below had granted only 6,000/-. Considering the
evidence of doctor and the disability sustained, the
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claimant is entitled for an amount of Rs.25,000/- under
the head of loss of amenities.
11. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V. MEKALA -vs- M.
MALATHI AND ANOTHER 3, the claimant is entitled for
an amount of Rs.10,000/- towards legal expenses.
Altogether the claimant is entitled for an amount
Rs.2,43,293/-.
12. The claimant is entitled for compensation under
the following heads:
Sl. Description of Items Compensation
Awarded
No.
1. Loss of future income Rs. 1,20,960/-
2. Pain and suffering Rs. 30,000/-
3. Medical Expenses Rs. 9,333/-
4. Transport, Conveyance, Rs. 20,000/-
Attendant charges
(2014) 11 SCC 178
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5. Loss of Income during Rs. 28,000/-
laid up period
6. Loss of Amenities in life Rs. 25,000/-
7. Legal Expenses Rs. 10,000/-
Total Rs. 2,43,293/-
13. Accordingly, the appeal filed by the claimant in
MFA.No.557/2017 is Allowed-in-part by enhancing the
compensation from an amount of Rs.8,12,750/- to
Rs.9,90,750/- and the appeal filed by the claimant in
MFA.No.556/2017 is Allowed-in-part by enhancing the
compensation from an amount of Rs.1,58,053/- to a sum
of Rs.2,43,293/-.
(a) The enhanced compensation shall carry
interest @ 6% per annum from the date
of petition, till the date of realization.
(b) Respondent-Insurance Company shall
deposit the said compensation amount
with accrued interest before the tribunal
within a period of 8 (Eight) weeks.
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(c) The Registry is directed to return the Trial
Court Record to the Tribunal along with
the certified copy of the order passed by
this court forthwith without any delay.
(d) No Costs.
Pending miscellaneous petitions, if any, shall
stand closed.
Sd/-
JUDGE
TS
