Karnataka High Court
Sri Guruswamy K L vs M/S Pleasant Travels on 31 July, 2023
Bench: M.I.Arun
-1-
NC: 2023:KHC:26570
MFA No. 2443 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
MISCELLANEOUS FIRST APPEAL NO.2443 OF 2019(MV-I)
BETWEEN:
SRI. GURUSWAMY K.L.,
S/O SRI. K.R.LINGASWAMY,
AGED ABOUT 36 EYARS,
R/AT KYTHANAHALLI VILLAGE,
B.G.PURA HOBLI,
MALAVALLI TALUK,
MANDYA DISTRICT.
...APPELLANT
(BY SRI. RAMACHANDRA R.NAIK, ADVOCATE)
AND:
1. M/S PLEASANT TRAVELS,
NO.42/1, 80 FEET ROAD,
MICHAELPALYA,
INDIRANGAR 1ST STAGE,
BENGALURU-560 038.
Digitally signed
by V 2. THE RELIANCE GENERAL
MANJUSHA BAI
Location: High INSURANCE COMPANY LTD.,
Court of
Karnataka
RGIC, 28, EAST WING, 5TH FLOOR,
CENTENARY BUILDING, M.G. ROAD,
BEGNALURU-560 001.
REP. BY ITS GENERAL MANAGER.
...RESPONDENTS
(BY SRI.D.VIJAY KUMAR, ADVOCATE FOR R2;
VIDE ORDER DATED 26.05.2022 NOTICE
TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 13/11/2018, PASSED IN MVC
NO.2986/2017, ON THE FILE OF THE XXI ACMM., XXIII ASCJ,
BENGALURU (SCCH-25), PARTLY ALLOWING THE CLAIM
-2-
NC: 2023:KHC:26570
MFA No. 2443 of 2019
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL 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
13.11.2018 passed in MVC No.2986/2017 by the XXI
A.C.M.M. & XXIII A.S.C.J, Bengaluru (SCCH-25), (for short
'the Tribunal'), 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:
On 19.10.2016, the petitioner was riding the motor
cycle bearing registration No.KA-5-H-7613 and at about
11.45 a.m. he met with an accident with a car bearing
registration No.KA-03 AB-2343 near Government School,
Kyathanahalli Village, Malavalli Taluk. The accident
happened due to rash and negligent driving of the car and
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MFA No. 2443 of 2019
the said car was duly insured with respondent No.2-
Insutance Company. Due to the said accident, the
petitioner suffered the following injuries:
a. Right hand lacerated wound 3rd finger.
b. Fracture dislocation of right ankle.
c. Right kenee lacerated wound.
4. Due to the said injuries, the petitioner has suffered a
total body disability of 8%. The Tribunal, based on the
evidence let in has come to the conclusion that respondent
No.2 is liable to compensate the petitioner and has
awarded a compensation of Rs.2,95,300/- along with
interest @ 8% p.a. from the date of petition till realization.
5. Not satisfied by the same, the petitioner has
preferred this appeal.
6. The accident occurred in the year 2016. The income
of the petitioner 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.
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MFA No. 2443 of 2019
7. The petitioner was aged 35 years at the time of
accident. Hence, the multiplier of 16 has to be adopted as
per the law laid down by the Hon'ble Supreme Court in
Sarla Verma & Ors vs Delhi Transport Corp.& Anr
reported in 2009(6) SCC 121.
8. The total body disability is 8%. Thus, towards 'loss of
future income' the petitioner is entitled to a sum of
Rs.1,45,920/- (9,500/- x 12 X 16 X 8%) as against
Rs.1,38,240/- awarded by the Tribunal. Towards 'loss of
income during laid up period', given the nature of injuries,
three months has to be considered as the laid up period
and the petitioner is entitled to a sum of Rs.28,500/-
(Rs.9,500/- x 3) as against Rs.18,000/- awarded by the
Tribunal. Towards 'pain and suffering' a sum of
Rs.40,000/- is awarded. Given the nature of injuries, I
deem the same to be appropriate. Towards 'medical
expenses', based on actual bills, a sum of Rs.39,028/- is
awarded. I deem the same to be appropriate. Towards
'loss of future amenities and happiness', a sum of
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MFA No. 2443 of 2019
Rs.20,000/- is awarded. Given the nature of injuries, I
deem it appropriate to enhance it to Rs.30,000/-.
Towards 'attendant, conveyance, food and nourishment
charges', a sum of Rs.20,000/- is awarded. Given the
nature of injuries and the treatment taken, I deem it
appropriate to enhance it to Rs.22,000/-. Towards 'future
medical expenses' a sum of Rs.20,000/- is awarded. I
deem the same to be appropriate.
9. Thus, the petitioner is entitled to a total
compensation of Rs.3,25,448/- rounded off to
Rs.3,26,000/- as against Rs.2,95,300/- awarded by the
Tribunal. Thus, the petitioner is entitled to an enhanced
compensation of Rs.30,700/- (Rs.2,95,300/- minus
Rs.3,26,000/-) as detailed in the table below:
Compensation Compensation
Sl. Heads of
awarded by awarded
No. Compensation
the Tribunal herein
1. Pain and suffering Rs.40,000/- Rs.40,000/-
2. Medical expenses Rs.39,028/- Rs.39,028/-
Loss of income during
3. Rs.18,000/- Rs.28,500/-
laid up period
4. Loss of future income Rs.1,38,240/- Rs.1,45,920/-
Loss of future
5. Rs.20,000/- Rs.30,000/-
amenities and
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MFA No. 2443 of 2019
happiness
Attendant,
6. conveyance, food and Rs.20,000/- Rs.22,000/-
nourishment charges
Future medical
7. Rs.20,000/- Rs.20,000/-
expenses
TOTAL Rs.2,95,268/- Rs.3,25,448/-
10. Further, given the bank rate of interest, I deem it
appropriate to award interest at the rate of 6% p.a. on the
enhanced compensation from the date of petition before
Tribunal till realization. Hence, the following:
ORDER
i) The appeal is allowed in part;
ii) The total compensation awarded by the
Tribunal is modified and the petitioner is
entitled to an enhanced compensation of
Rs.30,700/- along with interest at the rate of
6% per annum from the date of filing of the
petition before the Tribunal till the date of
realization in addition to what has been already
awarded by the Tribunal;
iii) Respondent No.2-insurance company shall be
liable to pay the compensation amount along
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MFA No. 2443 of 2019
with due interest thereon within a period of six
weeks from the date of receipt of certified copy
of this order;
iv) Draw modified award accordingly;
v) Registry to return the records to the
jurisdictional Tribunal forthwith.
SD/-
JUDGE
PGG
