Karnataka High Court
Smt Vijayalakshmi vs Senior Manager on 7 December, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
-1-
NC: 2023:KHC:44445
MFA No. 4478 of 2022
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. 4478 OF 2022 (MV)
BETWEEN:
SMT VIJAYALAKSHMI
W/O RAGHAVENDRA S
AGED ABOUT 50 YEARS
R/AT NO.84, EAT ROAD
NEAR BUGL ROCK PARK
BASAVANAGUDI, BANGALORE-04
...APPELLANT
(BY SRI. BASAVARAJU T G., ADVOCATE)
AND:
1. SENIOR MANAGER
CANARA BANK MAINTENANCE CELL
G A WING, NO.112, HEAD OFFICE
J.C.ROAD, BANGALORE-560002.
Digitally signed
by
DHANALAKSHMI 2. TATA AIG GENERAL INSURANCE CO.LTD.
MURTHY
2ND FLOOR, J.P.& DEVI CHEMBUKESHAVA ARCADE
Location: High
Court of NO.69, MILLERS ROAD
Karnataka BANGALORE-560027
BY ITS MANAGER
...RESPONDENTS
(BY SRI.JANARDHAN REDDY., ADVOCATE FOR R2:
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 25.11.2021
PASSED IN MVC NO. 892/2020 ON THE FILE OF THE VII
ADDITIOAL SCJ AND ACMM, MEMBER, MACT-3, BENGALURU,
-2-
NC: 2023:KHC:44445
MFA No. 4478 of 2022
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Section 173(1) of the Motor
Vehicles Act, 1988 (hereinafter referred to as 'the Act', for
short) has been filed by the claimant being aggrieved by
the judgment dated 25.11.2021 passed by the Motor
Accident Claims Tribunal, Court of Small Causes,
Bengaluru (for short, 'the Tribunal') in MVC No.892/2020.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 05.02.2020 at about 12.30 p.m., the
claimant was proceeding on two wheeler bearing
registration No.KA-05/KV-2798 on Vidyapeeta main road,
near Pai Junction, Katriguppe. At that time, a car bearing
registration No.KA-41/MC-4685 being driven by its driver
at a high speed and in a rash and negligent manner,
dashed to the vehicle of the claimant. As a result of the
aforesaid accident, the claimant fell down, sustained
grievous injuries and was hospitalized.
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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, 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.2
appeared through counsel and filed written statement in
which the averments made in the petition were denied.
The age, avocation and income of the claimant and the
medical expenses are denied. It was pleaded that the
accident was due to the rash and negligent riding of the
vehicle by the claimant herself. It was further pleaded
that the driver of the offending vehicle did not have valid
driving licence as on the date of the accident. It was
further pleaded that the liability is subject to terms and
conditions of the policy. It was further pleaded that the
quantum of compensation claimed by the claimant is
exorbitant. Hence, he sought for dismissal of the petition.
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The respondent No.1 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 herself was examined as PW1
and Dr.Nagaraj B.N. as PW2 and got exhibited documents
namely Ex.P1 to Ex.P20. On behalf of the respondents,
two witnesses were examined as RW1 and RW2 and got
exhibited document namely Ex.R1. 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.3,85,200/-
along with interest at the rate of 6% p.a. and directed the
Insurance Company to deposit the compensation amount
along with interest. Being aggrieved, this appeal has been
filed.
6. The learned counsel for the claimant has raised
the following contentions:
NC: 2023:KHC:44445
(i) Firstly, even though the claimant claims that she
was earning Rs.15,000/- per month, but the Tribunal has
taken the notional income as only Rs.10,000/- per month.
(ii) Secondly, due to the accident, the claimant has
sustained grievous injuries. She was treated as inpatient
for a period of 3 days. Even after discharge from the
hospital, she was not in a position to discharge his regular
work. She suffered lot of pain during treatment and she
has to suffer the disability and unhappiness throughout
her life. Considering the same, the compensation granted
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 the following contentions:
(i) Firstly, even though the claimant claims that she
was earning Rs.15,000/- per month, she has not produced
any documents to establish her income. Therefore, the
Tribunal has rightly assessed the income of the claimant
notionally.
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(ii) Secondly, the injuries suffered by the claimant
are minor in nature. She was inpatient for only 3 days.
Considering the evidence of the doctor and the injuries
suffered by the claimant, the overall compensation
awarded by the Tribunal is just and reasonable. Hence, he
sought for dismissal of the appeal.
8. Heard the learned counsel for the parties.
Perused the judgment and award and the original records.
9. It is not in dispute that the claimant suffered
injuries in the accident occurred on 05.02.2020 due to
rash and negligent driving of the car bearing registration
No.KA-41/MC-4685 by its driver.
10. The claimant has not produced any evidence with
regard to her income. Therefore, the notional income has
to be assessed as per the guidelines issued by the
Karnataka State Legal Services Authority. Since the
accident has taken place in the year 2020, the notional
income has to be taken at Rs.14,500/- p.m. Due to the
accident the claimant has suffered fracture of both bones
of middle 1/3rd forearm with complete displacement. The
NC: 2023:KHC:44445
claimant was inpatient for 3 days. Taking into
consideration the deposition of the doctor, PW-2 and
injuries suffered by the claimant, the Tribunal has rightly
assessed the whole body disability at 13%. The claimant
was aged about 48 years at the time of the accident and
multiplier applicable to her age group is '13'. Thus, the
claimant is entitled for compensation of Rs.2,94,060/-
(Rs.14,500*12*13*13%) on account of 'loss of future
income'. Due to the accident, the claimant has suffered
grievous injuries, she has suffered lot of pain during
treatment and she has to suffer with the disability and
unhappiness throughout her life. Considering the same, I
am inclined to enhance the compensation awarded by the
Tribunal under the head of 'pain and sufferings' from
Rs.20,000/- to Rs.40,000/-, 'loss of amenities' from
Rs.15,000/- to Rs.30,000/-. In view of rise in the monthly
income from Rs.10,000/- to Rs.14,500/-, the claimant is
entitled to compensation of Rs.29,000/- under the head
'loss of income during laid-up period' in place of
Rs.20,000/- awarded by the Tribunal. The compensation
NC: 2023:KHC:44445
awarded by the Tribunal under other heads is just and
reasonable.
11. 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 20,000 40,000
Medical expenses 97,320 97,320
Food, nourishment, 10,000 10,000
conveyance and
attendant charges
Loss of income during 20,000 29,000
laid up period
Loss of amenities 15,000 30,000
Loss of future income 2,02,800 2,94,060
Future medical expenses 20,000 20,000
Total 3,85,120 5,20,380
12. In view of the above, I pass the following order:
(i) The appeal is allowed in part.
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(ii) The judgment of the claims Tribunal is modified.
The claimant is entitled to a total compensation of
Rs.5,20,380/- in place of Rs.3,85,200/- awarded by the
Tribunal.
(iii) The Insurance Company 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 excluding interest for the
compensation awarded under the head of 'future medical
expenses'.
(iv) The Tribunal is directed to release the entire
amount in favour of the claimant, after due verification.
Sd/-
JUDGE
CM
