Karnataka High Court

Sri H R Gujjarappa vs M/S Casby Logistics Pvt Ltd on 8 December, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

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                                                        NC: 2023:KHC:44557
                                                     MFA No. 4904 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 8TH DAY OF DECEMBER, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 4904 OF 2020 (MV)
                   BETWEEN:

                   SRI H R GUJJARAPPA
                   S/O D RAMANNA
                   AGED ABOUT 45 YEARS
                   R/O 131/1 2ND CROSS
                   L G RAMANNA LAYOUT
                   OPP JNANAVARDHAKARA SCHOOL
                   LAGGERE, BENGALURU-560058
                                                              ...APPELLANT
                   (BY SRI. RAMESH K R.,ADVOCATE)

                   AND:

                   1.    M/S CASBY LOGISTICS PVT LTD
                         NO.6 ADAKAMARANAHALLI NEAR
                         NELAMANGALA BANGALORE NORTH TALUK
Digitally signed
by                       BANGALORE-560010
DHANALAKSHMI             REP BY ITS MANAGER.
MURTHY
Location: High
Court of           2.    M/S FUTURE GENERAL INDIA INSURANCE CO LTD
Karnataka                DGP HOUSE IST FLOOR
                         88-C OLD PRABHADEVI ROAD
                         PRABHADEVI MUMBAI
                         MAHARASHTRA-400025
                         REP BY ITS BRANCH MANAGER
                                                            ...RESPONDENTS
                   (BY SRI.B.C.SHIVANNE GOWDA., ADVOCATE FOR R2:
                   NOTICE TO R1 IS DISPENSED WITH)
                               -2-
                                            NC: 2023:KHC:44557
                                        MFA No. 4904 of 2020




        THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:16.10.2019
PASSED IN MVC NO.8/2013 ON THE FILE OF THE MACT,
ADDITIONAL SENIOR CIVIL JUDGE, NELAMANGALA, 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 16.10.2019 passed by the MACT & Additional Senior

Civil Judge, Nelamangala in MVC No.8/2013 (Old

No.37/2013).

2. Facts giving rise to the filing of the appeal briefly

stated are that on 07.03.2012 at about 12.30 p.m., the

claimant was proceeding in his Motor Cycle bearing

Registration No.KA-41-Q-1888 towards Hariharapura from

Arasikere from Pavagada Taluk. When he reached near

Swaramma Temple on Arasikere-Pavagada Road, the

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driver of the Goods Vehicle bearing Registration No.KA-03-

D-4535 proceed in high speed in rash and negligent

manner and dashed to him. 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.2 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

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claimant is exorbitant. Hence, he sought for dismissal of

the petition.

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 himself was examined as PW-1

and Dr.Lakshminarayana N was examined as PW-2 and

got exhibited documents namely Ex.P1 to Ex.P37. 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.5,45,100/-

along with interest at the rate of 9% p.a. and directed the

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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, due to the accident, the claimant has

sustained grievous injuries. He was treated as inpatient for

a period of 51 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.

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:

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a) Firstly, the injuries suffered by the claimant are

minor in nature. 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

other incidental expenses are just and reasonable and it

does not call for interference.

b) Secondly, 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 07.03.2012

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due to rash and negligent driving of the offending vehicle

by its driver.

10. As per wound certificate, the claimant has sustained

abrasion over left elbow and right leg, CLW 8X4 cms

medial side right foot, CLW 4X3 cms lateral side left foot,

CLW 2X1 cms right great toe, wound 2X1 cms right mid

shin, 1X1 cms penetrating wound with bones protruding

outside over mid leg.

11. The nature of injuries suggests that the claimant

must have been under rest and treatment for a period of 5

months. Therefore, the claimant is entitled for

compensation of Rs.45,000/- (Rs.9,000*5 months) under

the head 'loss of income during laid up period'.

12. The claimant was treated as inpatient for more than

51 days in the hospital and thereafter, has received

further treatment. Hence, I am inclined to enhance the

compensation awarded under the head of 'food,

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nourishment, conveyance and attendant charges' from

Rs.5,000/- to Rs.15,000/-.

13. 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.

Considering the same, I am inclined to enhance the

compensation awarded by the Tribunal under the head of

'pain and sufferings' from Rs.50,000/- to Rs.70,000/-

and under the head of 'loss of amenities' from Rs.20,000/-

to Rs.50,000/-.

14. Considering the nature of injuries, the compensation

awarded by the Tribunal under other heads is just and

reasonable.

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15. 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               50,000           70,000

     Medical expenses and               5,000           15,000
     nourishment

     Loss of income during             38,100           45,000
     laid up period

     Loss of amenities                 20,000           50,000

     Loss of future income           4,32,000       4,32,000

                   Total             5,45,100      6,12,000

16. In the result, the following order is passed: