Karnataka High Court
Sri.Srinivas M vs Guruguhan G on 5 January, 2023
Bench: M.I.Arun
-1-
MFA No. 3755 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
MISCELLANEOUS FIRST APPEAL NO. 3755 OF 2020 (MV-I)
BETWEEN:
SRI.SRINIVAS M
S/O MUTHAPPA,
AGED ABOUT 47 YEARS
R/AT NO.436,
NEAR SHANI MAHATMA TEMPLE, YADAVANAHALLI
BENGLAURU-562107
...APPELLANT
Digitally signed (BY SRI. VISHWANATHA K., ADVOCATE)
by V
MANJUSHA BAI
Location: High AND:
Court of
Karnataka
1. GURUGUHAN G
S/O GIRI RAJAN V
MAJOR IN AGE
R/AT NO.37, NEW NO.40,
JAWAHAR NAGAR, 5TH MAIN ROAD, PERMBUR,
CHENNAI-600082.
2. M/S UNITED INDIA INSURANCE CO. LTD
REGIONAL OFFICE, MTPC HUB,
5TH AND 6TH FLOOR, KRUSHI BHAVAN,
HUDSON CIRCLE, BENGALURU-560027.
...RESPONDENTS
(BY SRI. K.N. SRINIVASA, ADVOCATE FOR R2;
VIDE ORDER DATED 28.11.2022 - NOTICE TO R1
DISPENSED WITH)
-2-
MFA No. 3755 of 2020
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED. 30.10.2019, PASSED IN MVC
NO.3558/2018, ON THE FILE OF THE MEMBER, MACT, C/C. XIII
ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU
(SCCH--15), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION
THIS APPEAL IS COMING ON FOR ADMISSION THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. Aggrieved by the judgment and award dated 30.10.2019
passed in MVC.No.3558/2018 by Motor Vehicles Accident
Claims Tribunal, Bengaluru City, C/C. XIII Additional Judge,
court of Small Causes, Bengaluru (SCCH-15), the present
appeal is filed by the petitioner therein for enhancement of
compensation awarded.
2. For the sake of convenience, the parties are referred to
as per their ranking before the Tribunal.
3. The brief facts of the case are that, on 09.06.2018 at
about 6.00 p.m., when the petitioner was proceeding towards
MFA No. 3755 of 2020
his village Yadavanahalli, crossing Attibele service road, at that
time Motor bike bearing registration No.TN-05-AP-4597 being
driven in a rash and negligent manner, dashed against the
petitioner and because of which the petitioner sustained the
following injuries:
i. Swelling and tenderness over right leg 1/3rd with
fracture.
ii. Abrasion over left fore arm.
4. The accident was due to rash and negligent driving of the
offending vehicle, which is duly insured with respondent No.2.
Based on the pleadings and the evidence let in, the Tribunal
concluded that the petitioner based on the injuries suffered
would be entitled to a compensation of Rs.1,60,080/-
However, it came to the conclusion that the accident happened
due to the negligence on the part of the petitioner also and has
assessed the contributory negligence of the petitioner at 15%.
Accordingly, it has awarded a compensation of Rs.1,36,068/-
with interest @ 7% p.a. to the petitioner. Not satisfied by the
same, the petitioner has preferred this appeal.
MFA No. 3755 of 2020
5. Admittedly, the accident happened in the year 2018 and
the petitioner was aged 45 years at the time of the accident
and he has sustained whole body disability of 7%. Given his
age, as per the law laid down by the Hon'ble Supreme Court in
Sarla Verma vs. D.T.C [2009(6) SCC 121], a multiplier of
14 is applicable. Further, the petitioner is unable to establish
his income before the Tribunal. As per the chart prepared by
Lok Adalath, a sum of Rs.12,500/- is considered as his income
per month. Thus, towards loss of future income, the petitioner
would be entitled to a sum of Rs.1,47,000/-
(Rs.12,000x12x14x7%) as against Rs.94,080/- awarded by the
Tribunal. Towards pain and suffering, the Tribunal has awarded
a sum of Rs.25,000/-. Given the nature of injuries, I am of the
opinion that it would be appropriate to enhance to Rs.40,000/-.
As the petitioner has not adduced any evidence regarding the
medical expenses and he was not an in-patient, no
compensation is awarded on the ground of food and
nourishment, conveyance and attendant charges and also
medical expenses. I do not find any error in the order of the
Tribunal in this regard. Towards loss of income during the
MFA No. 3755 of 2020
period of treatment, a sum of Rs.60,000/- is awarded by the
Tribunal. Considering the nature of injuries, three months can
be considered as laid up period and the petitioner would be
entitled to a sum of Rs.37,500/- towards income during laid up
period i.e., (Rs.12,500x3). A sum of Rs.25,000/- is awarded
towards loss of amenities, I deem it appropriate. Thus, given
the nature of injuries, the petitioner would be entitled to a sum
of Rs.2,49,500/- as against Rs.1,60,080/- as held by the
Tribunal.
6. The evidence also discloses contributory negligence on
the part of the petitioner for the happening of the accident.
The Tribunal has held that the petitioner is guilty to an extent
of 15% for the occurrence of the accident. The petitioner is not
able to prove why the decision arrived by the Tribunal needs to
be modified in this regard. Hence, I deem it appropriate to held
that the petitioner is responsible for the accident to an extent
of 15% and out of the said compensation, 15% has to be
deducted towards contributory negligence on the part of the
petitioner. Then the total compensation amount for which the
petitioner is entitled is Rs.2,12,075/- as against Rs.1,36,000/-
MFA No. 3755 of 2020
awarded by the Tribunal. Thus, in all the petitioner would be
entitled for enhanced compensation of Rs.76,075/- along with
interest @ 6% per annum on the enhanced compensation from
the date of petition till its realization.
7. Accordingly, the following:
ORDER
i. Appeal is allowed in part.
ii. The total compensation awarded by the
Tribunal is modified and enhanced to Rs.2,49,500/-
as against Rs.1,60,080/-. In view of the
contributory negligence at 15% on the part of the
injured, the claimant shall be entitled to total
compensation of Rs.2,12,075/- as against
Rs.1,36,000/- which shall carry interest at the rate
of 6% per annum on the enhanced compensation
from the date of the claim petition till its realization.
iii. Respondent No.2 shall pay the petitioner the
enhanced compensation of Rs.76,075/- along with
6% interest from the date of the petition till the
date of realisation over and above the amount
awarded by the Tribunal.
MFA No. 3755 of 2020
iv. The said amount shall be paid to the petitioner
within a period of six weeks from the date of
certified copy of this order.
iv. Draw modified award accordingly.
SD/-
JUDGE
AG
