Karnataka High Court
Venkataramana V vs Nagaraja on 5 January, 2023
Bench: M.I.Arun
-1-
MFA No. 1820 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. 1820 OF 2020 (MV-I)
BETWEEN:
1. VENKATARAMANA V.
S/O. VENKATESHAPPA
NOW AGED ABOUT 45 YEARS
R/AT HEALTHY COLONY
WARD NO.13, SIDLAGHATTA
CHIKKABALLAPURA, KARNATAKA.
...APPELLANT
(BY SRI RAGHU R., ADVOCATE)
Digitally
signed by V AND:
MANJUSHA
BAI
Location: High 1. NAGARAJA
Court of
Karnataka S/O. NARASIMAHAPPA
THEELAKUNTAHALLI VILLAGE
VARALAKONDA POST, GUDIBANDE TALUK
CHIKKABALLAPURA DISTRICT - 562 102.
2. THE MANAGER
UNITED INDIA INSURANCE CO. LTD.
REGIONAL OFFICE, MOTOR THIRD PARTY
CLAIM HUB 5TH AND 6TH FLOOR
KRUSHI BHAVAN, HUDSON CIRCLE
BANGALORE - 560 001.
...RESPONDENTS
(BY SRI A. RAVISHANKAR, ADVOCATE FOR R.2;
R.1-NOTICE DISPENSED WITH VIDE ORDER
DATED 22.03.2022)
-2-
MFA No. 1820 of 2020
THIS MFA IS FILED U/S.173(1) OF MV ACT, PRAYING TO
MODIFY AND ENHANCE THE AWARD AMOUNT PASSED IN MVC
NO.3535/2017 ON THE FILE OF THE COURT OF MOTOR
ACCIDENT CLAIMS TRIBUNAL, BANGALORE (SCCH-11), VIDE
JUDGMENT AND AWARD DATED 26.06.2019 AND ALLOW THIS
APPEAL WITH COSTS THROUGHOUT, ETC.
THIS APPEAL COMING ON FOR ADMISSION, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the judgment and award dated 26.06.2019
passed by the I Additional Small Causes Judge & XXVII ACMM,
Bangalore (for short 'the Tribunal'), in MVC No.3535/2017, the
petitioner therein has preferred this appeal.
2. For the sake of convenience, the parties are
referred to herein as per their status before the Tribunal.
3. Brief facts of the case are as follows:
That on 25.11.2016 at about 8.00 a.m., the petitioner
was riding the motor cycle bearing registration
No.KA-40-H-6039 and he met with an accident near Kempanna
Hotel Building, NH-234, M.G.Road, Chikkaballapura with an
auto bearing registration No.KA-40-9356 which is duly insured
MFA No. 1820 of 2020
by the second respondent. The accident is said to have
happened due to rash and negligent driving of the offending
auto. The petitioner sustained the following injuries:-
a. Fracture shaft of right femur.
b. Fracture distal end of right radius (undisplaced).
c. Lacerated wound over upper lip.
d. Abrasions over right fore-head.
4. The Doctor - PW-3 who examined the petitioner has
deposed that the petitioner has suffered a total body disability
at 18%. However, the Tribunal has not considered the same
and has awarded a total compensation of Rs.3,34,125/- along
with interest at the rate of 9% per annum under the following
heads:-
SL.NO. HEADS AMOUNT
1 Loss of earning capacity Rs. 1,34,400/-
2 Pain and sufferings Rs. 30,000/-
3 Loss of amenities in life Rs. 20,000/-
Towards conveyance, attendant
4 charges, food and nourished Rs. 2,700/-
food
5 Medical expenses Rs. 1,31,025/-
Loss of income during laid up
6 Rs. 16,000/-
period
TOTAL RS. 3,34,125/-
MFA No. 1820 of 2020
5. Not satisfied by the same, the petitioner therein has
preferred this appeal.
6. The accident happened in the year 2016. The
petitioner was aged 42 years. His income has not been
established before the Tribunal. Hence, the notional income as
prescribed in the Lok-Adalath chart has to be considered which
will be Rs.9,500/- per month. The petitioner is said to have
been doing hotel business. In the course of the argument, both
the learned counsel for the petitioner and second respondent
fairly concedes that it would be just and fair to take the total
body disability at 15% given the nature of injuries and the
vocation the petitioner is doing and the same is considered
accordingly. The Tribunal has granted a sum of Rs.1,34,400/-
towards 'loss of earning capacity'. The petitioner was aged 42
years at the time of accident. Hence, the multiplier of '14' has
to be adopted as per the law laid down by the Hon'ble Supreme
Court in the case of Sarla Verma & Ors vs Delhi Transport
Corp.& Anr reported in 2009(6) SCC 121. Thus, towards
'loss of earning capacity', the petitioner is entitled to a sum of
Rs.2,39,400/-(9500x12x14x15%). Towards 'pain and
MFA No. 1820 of 2020
sufferings', the Tribunal has awarded a sum of Rs.30,000/-.
Given the nature of injuries, I am of the opinion that a sum of
Rs.50,000/- would be just and fair in this regard. Towards 'loss
of amenities in life' a sum of Rs.20,000/- has been awarded by
the Tribunal. It would appropriate to increase it to
Rs.30,000/-. Towards 'conveyance, attendant, food and
nourishment charges, a sum of Rs.2,700/- has been awarded
by the Tribunal. Given the fact that the petitioner was an
inpatient for a period of 9 days, a sum of Rs.4,500/- would be
just and fair for the said purposes. The Tribunal has awarded a
sum of Rs.1,31,025/- towards 'medical expenses'. As the same
is based on the actual bills submitted by the petitioner, the
same is retained. With regard to 'loss of income during laid up
period', the Tribunal has awarded a sum of Rs.16,000/-. Given
the nature of injuries, the laid up period has to be considered
atleast 3 months and a sum of Rs.28,500/- (9500x3=28,500/-)
is awarded under this head.
7. Thus, the compensation to the petitioner under
different heads is modified as hereunder:-
MFA No. 1820 of 2020
AMOUNT AMOUNT
AWARDED BY AWARDED
Sl. HEAD OF
THE BY THIS
No. COMPENSATION
TRIBUNAL IN COURT IN
RS. RS.
1 Loss of earning capacity 1,34,400-00 2,39,400-00
2 Pain and suffering 30,000-00 50,000-00
3 Loss of amenities in life 20,000-00 30,000-00
Towards conveyance,
4 attendant charges, food 2,700-00 4,500-00
and nourished food
5 Medical expenses 1,31,025-00 1,31,025-00
Loss of income during
6 16,000-00 28,500-00
laid up period
Total 3,34,125-00 4,83,425-00
8. Thus, the petitioner is entitled to enhanced
compensation of Rs.1,49,300/-(Rs.4,83,425/- - Rs.3,34,125/-).
Hence, the following:
ORDER
i) The appeal is partly allowed;
ii) The total compensation awarded by the Tribunal is
modified and petitioner is entitled to enhanced
compensation of Rs.1,49,300/-(Rupees One Lakh
Forty Nine Thousand Three Hundred only) over and
above what has been already awarded by the
Tribunal along with interest at the rate of 6% per
MFA No. 1820 of 2020
annum from the date of filing of the petition before
the Tribunal till the date of realization.
iii) Respondent No.2 - Insurance Company shall pay
the enhanced compensation to the petitioner along
with interest at the rate of 6% p.a. within a period
of six weeks from the date of receipt of the certified
copy of the judgment and order.
iv) Draw modified award accordingly.
SD/-
JUDGE
VMB
