Karnataka High Court
Mr Rahul G M @ Rahul Reddy vs The Manager on 7 December, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
-1-
NC: 2023:KHC:44304
MFA No. 4267 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 4267 OF 2020 (MV)
BETWEEN:
MR RAHUL G M @ RAHUL REDDY
S/O MURALI @ MURALI REDDY
AGED ABOUT 20 YEARS
R/AT NO.24, GUNJUR
BENGALURU SOUTH
BENGALURU-560087
...APPELLANT
(BY SRI. GURUDEV PRASAD K T., ADVOCATE)
AND:
1. THE MANAGER
M/S BHARATHI AXA GENERAL INS CO. LTD.
MOTOR CLAIMS HUB
1ST FLOOR, FERNS ICON
Digitally signed
by SURVEY NO.28, DODDANAKUNDI VILLAGE
DHANALAKSHMI K R PURAM, HOBLI
MURTHY
Location: High
BENGALURU-560037.
Court of
Karnataka
2. M/S DVR SOFTECH INDIA PVT LTD
NO.401, DISHA MYSAP RESIDENCY
7TH CORSS, KUNDANAHALLI MAIN ROAD
MAHADEVAPUR POST
BENGALURU-560048
...RESPONDENTS
(BY SRI. PRADEEP B.,ADVOCATE FOR R1:
NOTICE TO R2 IS SERVED AND UNREPRESENTED)
-2-
NC: 2023:KHC:44304
MFA No. 4267 of 2020
THIS MFA IS FILED UNDER SECTION 173(1) OF THE MV
ACT, AGAINST THE JUDGMENT AND AWARD
DATED:29.03.2019 PASSED IN MVC NO.2161/2018 ON THE
FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV
ACMM, MEMBER, MACT, BENGALURU, (SCCH-20), 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
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 29.03.2019 passed by MACT, Bengaluru in MVC
No.2161/2018.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 18.02.2018 at about 09.30 p.m., when
the claimant was riding a motorcycle bearing Registration
No.KA-03-HS-5208, near Paradaya Mens Salon, Gunjur,
Bengaluru, at that time, the driver of the Car bearing
Registration No.KA-53-MB-7686 drove the same in a rash
NC: 2023:KHC:44304
and negligent manner, so as to endanger human life,
came at a high speed and dashed against the claimant's
motorcycle. As a result of the aforesaid accident, the
claimant sustained grievous injuries and was hospitalized.
3. The claimant filed a petition under Section 166 of the
Act seeking compensation. It was pleaded that he 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 No.1 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
NC: 2023:KHC:44304
claimant is exorbitant. Hence, he sought for dismissal of
the petition.
The respondent No.2 did not appear before the
Tribunal inspite of service of notice and was placed ex-
parte.
5. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter recorded
the evidence. The claimant himself was examined as PW-
1, another witness was examined as PW-2 and Dr.S. A.
Somashekara was examined as PW-3 and got exhibited
documents namely Ex.P1 to Ex.P14. On behalf of the
respondents, neither examined any witness nor exhibited
any document. 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.10,35,000/-
NC: 2023:KHC:44304
along with interest at the rate of 9% p.a. and directed the
Insurance Company 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 he was
earning Rs.15,000/- per month, but the Tribunal has taken
the notional income as merely as Rs.8,000/- 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 72% to particular limb
and 36% to whole body. But the Tribunal has taken the
whole body disability at 15%, which is on the lower side.
c) Lastly, due to the accident, the claimant has
sustained grievous injuries. He was treated as inpatient for
a period of 25 days. Even after discharge from the
hospital, he was not in a position to discharge his regular
work. He has suffered lot of pain during treatment.
NC: 2023:KHC:44304
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:
a) Firstly, even though the claimant claims that he was
earning Rs.15,000/- per month, he has not produced any
documents to establish his income. In the absence of proof
of income, the Tribunal has rightly assessed the income of
the claimant notionally.
b) Secondly, the Tribunal considering the injuries
sustained by the claimant and evidence of the doctor, has
rightly assessed the whole body disability at 15%.
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
NC: 2023:KHC:44304
other incidental expenses are just and reasonable and it
does not call for interference.
d) Lastly, in view of the Division Bench decision of this
Court in the case of Ms.Joyeeta Bose and others -v-
Venkateshan.V and others (MFA 5896/2018 and
connected matters disposed of on 24.8.2020), the
rate of interest awarded by the Tribunal at 9% p.a. on the
compensation amount is on the higher side. Hence, he
sought for dismissal of the appeal.
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 18.2.2018
due to rash and negligent driving of the offending vehicle
by its driver.
10. The claimant claims that he was earning Rs.15,000/-
per month. He has not produced any documents to prove
NC: 2023:KHC:44304
his income. Therefore, in the absence of proof of income,
notional income has to be assessed. As per the guidelines
issued by the Karnataka State Legal Services Authority,
for the accident taken place in the year 2018 the notional
income has to be taken at Rs.12,500/- p.m.
11. As per wound certificate, the claimant has sustained
segmented comminuted fracture lower 1/3rd of right
femur, fracture right tibia and degloving injury right foot,
3, 4, 5 metatarsal bone fracture tendon injury. The doctor
in his evidence has stated that the claimant has suffered
disability of 72% to particular limb and 36% to whole
body. Therefore, taking into consideration the deposition
of the doctor and injuries mentioned in the wound
certificate, I am of the opinion that the whole body
disability can be taken at 24%. The claimant is aged about
18 years at the time of the accident and multiplier
applicable to his age group is '18'. Thus, the claimant is
entitled for compensation of Rs.648,000/-
NC: 2023:KHC:44304
(Rs.12,500*12*18*24%) 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.37,500/- (Rs.12,500*3 months)
under the head 'loss of income during laid up period'.
13. The claimant was treated as inpatient for more than
25 days in the hospital and thereafter, has received
further treatment. Hence, I am inclined to enhance the
compensation awarded under the head of 'food,
nourishment, conveyance and attendant charges' from
Rs.20,000/- to Rs.30,000/-.
14. Due to the accident, the claimant has suffered
grievous injuries and also undergone surgery. He has
suffered lot of pain during treatment and he has to suffer
with the disability stated by the doctor throughout his life.
- 10 -
NC: 2023:KHC:44304
Considering the same, I am inclined to enhance the
compensation awarded by the Tribunal under the head of
'loss of amenities' from Rs.5,000/- to Rs.30,000/-.
15. Considering the nature of injuries, the compensation
awarded by the Tribunal under other heads is just and
reasonable.
16. 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 75,000 75,000
Medical expenses 6,66,915 6,66,915
Food, nourishment, 20,000 30,000
conveyance and
attendant charges
Loss of income during 8,000 37,500
laid up period
Loss of amenities 5,000 30,000
Loss of future income 2,59,200 6,48,000
Total 10,34,115 14,87,415
Rounded off 10,35,000 14,88,000
- 11 -
NC: 2023:KHC:44304
17. 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.14,88,000/-.
d) In view of judgment of the Division Bench of this
Court in the case of 'MS.JOYEETA BOSE' (supra), the
enhanced compensation shall carry interest at 6%
per annum.
e) The Insurance Company is directed to deposit the
compensation amount along with interest
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.
f) In view of the order dated 7.12.2023 passed by this
Court, the claimant is not entitled for interest on the
enhanced amount for the delayed period of 200 days
in filing the appeal.
Sd/-
JUDGE
DM
