Karnataka High Court
Chaitra vs K V Srikanth on 8 December, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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MFA No. 378 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. 378 OF 2020 (MV)
BETWEEN:
CHAITHRA
D/O. NARASIMHAMURTHY
AGED ABOUT 17 YEARS
SINCE MINOR, REP. BY HER
NEXT FRIEND AND FATHER
NARASIMHAMURTHY
S/O. LATE S V KRISHNAMURTHY
AGED ABOUT 49 YEARS
R/AT KATAGARU, KATTEHALU POST
THIRTHAHALLI TALUK
SHIMOGA DISTRICT-577415.
...APPELLANT
(BY SRI. ASHWATH C.M.,ADVOCATE &
SRI. SRIDHAR R., ADVOCATE)
Digitally signed
by AND:
DHANALAKSHMI
MURTHY
Location: High
Court of 1. K V SRIKANTH
Karnataka S/O. VENKATESHAIAH
AGED ABOUT 50 YEARS
R/AT KONEGOLLI
BANDIGADI POST, KOPPA TALUK
CHIKKAMAGALURU-577126.
2. SUMANTH M
S/O. MAHESHA
AGED ABOUT 27 YEARS
R/AT GANDHINAGARA, KOPPA TALUK
CHIKKAMAGALURU-577101.
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MFA No. 378 of 2020
3. THE BRANCH MANAGER
THE UNITED INDIA INSURANCE CO. LTD.,
CRESCENT COURT, 1ST FLOOR
K.M. ROAD,CHIKKAMAGALURU-577101.
...RESPONDENTS
(BY SRI. C.SHANKAR REDDY., ADVOCATE FOR R3:
NOTICE TO R1 IS SERVED AND UNREPRESENTED
NOTICE TO R2 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:27.03.2019
PASSED IN MVC NO.994/2016 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC, AMACT-14, THIRTHAHALLI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSTION.
THIS APPEAL, COMING ON FOR ADMISSION, 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 27.03.2019 passed by MACT, Thirthahalli in MVC
No.994/2016.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 06.02.2016 at about 08.00 a.m. a Bus
bearing Registration No.KA-19-B-2509 was proceeding
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from Heddur towards Thirthahalli in a rash and negligent
manner while the Bus was proceeding opposite Kattehaklu
Katagaru Government School, the claimant was crossing
the road towards school field, at that time, the said Bus
was dashed to the claimant. 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 Nos.1 to 3
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
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claimant and the medical expenses are denied. It was
further pleaded that the quantum of compensation claimed
by the claimant is exorbitant. Hence, they sought for
dismissal of the petition.
5. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter recorded
the evidence. The claimant being the minor, her father
was examined as PW-1 and got exhibited documents
namely Ex.P1 to Ex.P58. On behalf of the respondents, no
witness was examined but got exhibited a 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.3,17,500/-
along with interest at the rate of 6% p.a. and directed the
Insurance Company to deposit the compensation amount
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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, the Court Commissioner has examined the
Medical Officer. The Medical Officer in his evidence has
stated that the claimant has suffered disability of 3% to
right lower limb and 11% to left lower limb. But the
Tribunal has taken the whole body disability at 4%, which
is on the lower side.
b) Secondly, due to the accident, the claimant has
sustained grievous injuries. She was treated as inpatient
for a period of 34 days. Even after discharge from the
hospital, she was not in a position to discharge her regular
work. She has suffered lot of pain during treatment.
Considering the same, the compensation awarded by the
Tribunal under the heads of 'pain and sufferings' and other
incidental expenses are on the lower side. The Tribunal
has filed to grant any compensation under the head of
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'loss of amenities'. 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 Medical Officer in his
evidence has stated that the claimant has suffered
disability of 3% to right lower limb and 11% to left lower
limb, the Tribunal considering the injuries sustained by the
claimant and evidence of the Medical Officer, has rightly
assessed the whole body disability at 4%.
b) Secondly, the injuries suffered by the claimant are
minor in nature. Considering the injuries sustained by the
claimant and considering the age of the claimant, the
compensation awarded by the Tribunal under the heads of
'pain and sufferings' and other incidental expenses are just
and reasonable and it does not call for interference.
Hence, he sought for dismissal of the appeal.
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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 06.02.2016
due to rash and negligent driving of the offending vehicle
by its driver.
10. Due to accident, the claimant has sustained
comminuted fracture of right pubic rami, medical wall
fracture of right acetabulum, left sacral ala fracture,
bladder and urethral injuries and morel lavelle lesion over
right thigh (degloving injury). The Medical Officer in his
evidence has stated that the claimant has suffered
disability of 3% to right lower limb and 11% to left lower
limb. Therefore, taking into consideration the deposition of
the Medical Officer and injuries suffered by the claimant, I
am of the opinion that the whole body disability is
assessed at 5%. The Tribunal has rightly taken the
notional income of the claimant at Rs.9,500/- per month.
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The claimant is aged about 14 years at the time of the
accident and multiplier applicable to her age group is '18'.
Thus, the claimant is entitled for compensation of
Rs.1,02,600/- (Rs.9,500*12*18*5%) on account of 'loss
of future income'.
11. The nature of injuries suggests that the claimant
must have been under rest and treatment for a period of
2 months. Therefore, the claimant is entitled for
compensation of Rs.19,000/- (Rs.9,500*2 months) under
the head 'loss of income during laid up period'.
12. Due to the accident, the claimant has suffered
grievous injuries and also undergone surgery. She was
treated as inpatient for more than 34 days in the hospital.
He has suffered lot of pain during treatment and she has
to suffer with the disability stated by the Medical Officer
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.40,000/- to
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Rs.55,000/- and the claimant is also entitled for the
compensation of Rs.35,000/- under the head of 'loss of
amenities'.
13. Considering the nature of injuries, the compensation
awarded by the Tribunal under other heads is just and
reasonable.
14. 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 40,000 55,000
Medical expenses 1,70,731 1,70,731
Food, nourishment, 20,000 20,000
conveyance and
attendant charges
Loss of income during 0 19,000
laid up period
Loss of amenities 0 35,000
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Loss of future income 86,640 1,02,600
Total 3,17,371 4,02,331
Rounded of 3,17,500 4,02,500
15. 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.4,02,500/-.
d) 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.
Sd/-
JUDGE
HA
