Karnataka High Court
Rukkamma vs Sri Basavaraju M on 22 November, 2023
-1-
NC: 2023:KHC:41988
MFA No. 4350 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
MFA NO. 4350 OF 2020 (MV-I)
BETWEEN:
RUKKAMMA
D/O MALLESHAPPA
W/O LATE REDDIAPPA
AGED ABOUT 34 YEARS
OCC NIL [BEFORE ACCIDENT SHE
WAS SWEEPER] R/AT 19, NEAR
GANESH TEMPLE KRISHNAIANAPALYA
HOSANAGAR BENGALURU NORTH - 85 ...APPELLANT
(BY SMT. UMADEVAMMA M C., ADV.)
AND:
1. SRI BASAVARAJU M
S/O SHIVALINGAPPA AGE MAJOR
RES NO 5, G-2, BLESSOM MANSION
MACCAN ROAD, BHARATHINAGAR
BANGALORE - 01
Digitally signed by MALA 2. THE MANAGER
KN NATIONAL INSURANCE CO LTD
Location: HIGH COURT SHANKARANARAYANA BUILDING
OF KARNATAKA M G ROAD, BENGALURU -02 ...RESPONDENTS
(BY SRI.RAVISH BENNI, ADV. FOR R2;
VIDE ORDER DATED 12.12.2022;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 06.12.2019
PASSED IN MVC NO. 2352/2018 ON THE FILE OF THE
VIII ADDITIONAL SMALL CAUSES JUDGE AND ACMM,
MEMBER-MACT, BENGALURU (SCCH-5),
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
-2-
NC: 2023:KHC:41988
MFA No. 4350 of 2020
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
In this appeal, the petitioner has challenged
the judgment and award dated 06.12.2019 passed in
M.V.C.No.2352/2018 by the court of VIII Additionla
Small Causes Judge and Motor Accident Claims
Tribunal (SCCH-5) at Bengaluru ('the Tribunal' for
short).
2. For the sake of convenience, the rank of the
parties shall be referred to as per their status before
the Tribunal.
3. Briefly stated the facts are, on 19.04.2018 at
about 2.00 p.m., while the petitioner was crossing
O.M.Road near Gopalan Mall to go to RMZ Company,
hit by a motor cycle bearing No.KA-01/TC-117
injuring her. The petitioner after taking treatment at
C.V.Raman Nagar, Hospital, has approached the
Tribunal for grant of compensation of Rs.10 lakhs.
NC: 2023:KHC:41988
The claim was opposed by the Insurance Company.
The Tribunal after taking the evidence on record by
impugned judgment, awarded Rs.3,58,000/- with
6% interest per annum by attributing 10% of
contributory negligence. Pleading inadequacy and
seeking enhancement of compensation, the
petitioner has filed this appeal on various grounds.
4. Heard the arguments of
Smt.M.C.Umadevamma, learned counsel for the
petitioner and Sri Ravish Benni, learned counsel for
the Insurance Company.
5. It is the contention of the learned counsel for
the petitioner that she has suffered fracture to both
bones of right leg, she was under hospitalization for
a period of 18 days, she was aged 32 years, earning
Rs.15,000/- per month. The medical evidence
though speaks disability of 15.38% to whole body,
the Tribunal has assessed only 10%, compensation
NC: 2023:KHC:41988
under different heads is not properly awarded and
sought for enhancement.
6. Per contra, learned counsel for the Insurance
Company has contended that the Tribunal
considering all the relevant factors, avocation of the
petitioner assessed loss of future income and
awarded just compensation. He has further
contended that though the medical expenses was
Rs.6,000/-, the Tribunal awarded future medical
expenses of Rs.25,000/- and compensation towards
pain and suffering, interest awarded at 9% is
exorbitant and sought for modification.
7. I have given my anxious consideration to the
arguments advanced on behalf of both sides and
perused the materials on record.
8. The material on record did point out that on
the alleged date of accident, the petitioner was
crossing the O.M.Road near Gopalan Mall to go to
NC: 2023:KHC:41988
RMZ Company along with co-workers. She was hit
by motor cycle and sustained injuries. She was
treated at C.V.Raman Nagar General Hospital,
Indiranagar and she was under hospitalization
between 19.04.2018 to 30.04.2018 for a period of
18 days. The medical bills indicate that she has
spent Rs.8,127/-. The Tribunal has made discount
for some of the bills since they are hand-written.
Hence, medical expenses has to be considered at
Rs.8,200/-. The petitioner was attended by an
attender for which a sum of Rs.7,500/- has to be
awarded. Travelling expenses of Rs.2,500/- and
food and nourishment of Rs.10,000/- has to be
awarded. The accident is of the year 2018 and a
person with no proof of income will earn not less
than Rs.12,500/- per month. The petitioner was laid
up for minimum of four months and loss of income
for four months at Rs.50,000/- has to be assessed.
Towards pain and suffering Rs.40,000/-; loss of
amenities and discomfort at Rs.40,000/-; future
NC: 2023:KHC:41988
medical expenses of Rs.5,000/- has to be
considered.
9. The medical evidence though speaks of
30.76% of lower limb disability and 15.38% of whole
body disability, PW-4 Dr.S.Ramachandra, Assistant
Professor of Orthopaedics at Victoria Hospital has
made an assessment of whole body disability.
Having regard to the avocation of the petitioner and
the nature of injuries, the Tribunal has taken 10%
disability and I do not find any reason to interfere
with it. For the age of 32 years, the applicable
multiplier is '16' and future prospects of 40% has to
be added, then loss of future income will be
Rs.12,500/- + Rs.5,000/- (40%) = Rs.17,500/- x 12
x 16 x 10% = Rs.3,36,000/-. Accordingly, in all, the
petitioner is entitled for compensation of
Rs.4,99,200/- as against Rs.3,58,000/- awarded by
the Tribunal. Hence, the petitioner is entitled for
enhanced compensation of Rs.1,41,200/-.
NC: 2023:KHC:41988
10. As regards rate of interest is concerned, the
Tribunal has awarded interest at 9%. As we see
from the catena of judgments, there is no uniformity
in awarding rate of interest. Only in cases where
special reasons are recorded, higher rate of interest
is awarded. Here in this case, the Tribunal has not
assigned any reason for awarding higher rate of
interest. The interest awarded by the Tribunal at 9%
per annum is not comparable to prevailing Bank rate
of interest in the year 2018. In this regard, it is
relevant to refer to a decision of the Division Bench
of this court in Ms.Joyeeta Bose and Ors. -vs-
Venkateshan.V. and Ors. in M.F.A.No.5896/2018
c/w M.F.A.Nos.4444/2018 and 4659/2018 (MV) DD
24.08.2020 with reference to Section 149(1) of
Motor Vehicles Act, 1988, Rule 253 of Karnataka
Motor Vehicles Rules, 1989 and Section 34 of Civil
Procedure Code, wherein at Para 52 has laid down
principles regarding award of interest. It reads thus:
NC: 2023:KHC:41988
"52.Thus, under Section 34 of CPC being
squarely applicable to the interest awarded by
the tribunal and Section 34 empowering the
tribunal to award pendente lite interest and
discretion being vested with the
Court/Tribunal to award interest from the date
of suit or petition is to the maximum extent of
6% p.a. or in other words, not exceeding 6%
p.a., the contention raised by the learned
Advocates appearing for the Insurance
Company deserves to be accepted and
accordingly, it is accepted. . . . . . . . . . . ."
11. As regards contributory negligence is
concerned, the Tribunal has attributed 10% of
contributory negligence for the reason that the
petitioner all of a sudden crossed the road inspite of
heavy traffic. For the reason that the petitioner
being a road user having accountability for safe use
of the road, in a hurry she made an attempt to cross
the road and she has attributed for the accident.
Hence, out of total compensation, 10% has to be
deducted towards contributory negligence. Out of
enhanced compensation if 10% is excluded, it comes
to Rs.1,27,080/- (rounded off to Rs.1,27,000/-) for
which the petitioner is entitled to, in the facts and
NC: 2023:KHC:41988
circumstances of the case. Hence, the appeal
merits consideration. In the result, the following;
ORDER
(i) The appeal is allowed in part;
(ii) The impugned judgment and award is
modified;
(iii) The petitioner would be entitled for
enhanced compensation of
Rs.1,27,000/- with interest @ 6% per
annum on the enhanced compensation
from the date of petition till its realization;
(iv) The Insurance Company is directed to
deposit the enhanced compensation within
a period of eight weeks from the date of
receipt of a certified copy of this
judgment.
(v) The amount in deposit, if any, shall be
transmitted to the Tribunal along with
records forthwith.
Sd/-
JUDGE
KNM
