Karnataka High Court
G V Ambarish vs Anand R N on 23 November, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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MFA No. 6233 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 6233 OF 2022 (MV)
BETWEEN:
G V AMBARISH
S/O VENKATRAVANAPPA S
AGED ABOUT 28 YEARS
R/AT ANANTHAPURA
S.ANANTHAPURA, BYRAKUR KOLAR
KARNATAKA-563 131
...APPELLANT
(BY SRI. RANGEGOWDA N R., ADVOCATE)
AND:
1. ANAND R N
S/O NAGARAJ
AGED MAJOR
R/AT NO.100, ANEKAL TALUK
Digitally signed JIGANI HOBLI, BANNERGHATTA
by
DHANALAKSHMI RAGIHALLI, BANGALORE-560 083.
MURTHY
Location: High 2. ICICI LOMBARD GENERAL INSURANCE
Court of
Karnataka COMPANY LTD
9TH FLOOR, THE ESTATE BUILDING
DICKENSON ROAD, M.G.ROAD
BANGALORE-560 042.
REPRESENTED BY ITS MANAGER
...RESPONDENTS
(BY SRI. MALLIKARJUNA REDDY N A, ADVOCATE FOR
SRI.PRADEEP B.,ADVOCATE FOR R2: NOTICE TO R1 IS
DISPENSED WITH V/O DATED:23.11.2023)
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MFA No. 6233 of 2022
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 20.04.2022
PASSED IN MVC NO.1143/2020 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.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Section 173(1) of the Motor
Vehicles Act, 1988 (hereinafter referred to as 'the Act', for
short) has been filed by the claimant being aggrieved by
the judgment dated 20.04.2022 passed by the Court of
VIII Additional Small Causes Judge and the Motor Accident
Claims Tribunal, Bengaluru (for short, 'the Tribunal') in
MVC No.1143/2020.
2. Facts giving rise to the filing of the appeal
briefly stated are that on 12.02.2020 at about 11.40 to
11.45 a.m. the claimant was proceeding on his motorcycle
bearing registration No.KA-51/JU-4758 on Bengaluru -
Kolar NH-75 road at Lanco Toll. At that time, a car
bearing registration No.KA-51/MK-2682 being driven by its
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driver at a high speed and in a rash and negligent manner,
dashed to the vehicle of the claimant. As a result of the
aforesaid accident, the claimant fell down, 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, 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 and
2 appeared through counsel and respondent No.2 filed
written statement in which the averments made in the
petition were denied. The age, avocation and income of
the claimant and the medical expenses are denied. It was
pleaded that the accident was due to the rash and
negligent riding of the vehicle by the claimant himself. It
was further pleaded that the driver of the offending vehicle
did not have valid driving licence as on the date of the
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accident. It was further pleaded that the liability is subject
to terms and conditions of the policy. It was further
pleaded that the quantum of compensation claimed by the
claimant is exorbitant. Hence, he 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 himself was examined as PW1,
Dr.Avinash Parthasarathy as PW2 and other two witnesses
as PW3 and PW4 and got exhibited documents namely
Ex.P1 to Ex.P27. On behalf of the respondents, neither
any witness was examined nor got exhibited documents.
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.4,72,521/- along with interest at the
rate of 9% p.a. and directed the Insurance Company to
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deposit the compensation amount along with interest.
Being aggrieved, this appeal has been filed.
6. The learned counsel for the claimant has raised
the following contentions:
(i) Firstly, PW-2, the doctor has stated in his
evidence that the claimant has suffered disability of 55%
to a particular limb and 18.33% to whole body. But the
Tribunal has erred in taking the whole body disability at
only 10%.
(ii) Secondly, due to the accident, the claimant has
sustained grievous injuries. He was treated as inpatient for
a period of 5 days. Even after discharge from the hospital,
he was not in a position to discharge his regular work. He
suffered lot of pain during treatment and he has to suffer
the disability and unhappiness throughout his life.
Considering the same, the compensation granted by the
Tribunal under the heads of 'loss of amenities', 'pain and
sufferings' and other incidental expenses are on the lower
side. Hence, he sought for allowing the appeal.
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7. On the other hand, the learned counsel for the
Insurance Company has raised the following contentions:
(i) Firstly, PW-2, the doctor has stated in his
evidence that the claimant has suffered disability of 18%
to whole body. The Tribunal considering the injuries
sustained by the claimant, has rightly assessed the whole
body disability at 10%.
(ii) Secondly, the injuries suffered by the claimant
are minor in nature. He was inpatient for only 5 days.
Considering the evidence of the doctor and the injuries
suffered by the claimant, the overall compensation
awarded by the Tribunal is just and reasonable.
(iii) Thirdly, in view of the Division Bench decision of
this Court in the case of MS.JOYEETA BOSE AND
OTHERS vs. VENKATESHAN.V AND OTHERS (MFA
5896/2018 and connected matters disposed of on
24.8.2020), the interest granted by the Tribunal at the
rate of 9% p.a. is on the higher side and the same has to
be reduced to 6% p.a. Hence, he sought for dismissal of
the appeal.
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8. Heard the learned counsel for the parties.
Perused the judgment and award.
9. It is not in dispute that the claimant suffered
injuries in the accident occurred on 12.02.2020 due to
rash and negligent driving of the car bearing registration
No.KA-51/MK-2682 by its driver.
10. The Tribunal has rightly assessed the notional
income of the claimant as Rs.14,500/- per month. Due to
the accident the claimant has suffered fracture of both
bones of right leg and other injuries. The claimant was
inpatient for 5 days PW-2, the doctor has stated in his
evidence that the claimant has suffered permanent
physical impairment of 55% and the whole body disability
at 18.33%. Considering the evience of the doctor and the
injuris suffered by the claimant the whole body disability
can be assessed at 18.33%. The claimant was aged about
26 years at the time of the accident and multiplier
applicable to his age group is '17'. Thus, the claimant is
entitled for compensation of Rs.5,42,201/- (Rs.14,500*
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12*17*18.33%) on account of 'loss of future income'.
Due to the accident, the claimant has suffered grievous
injuries, he has suffered lot of pain during treatment and
he has to suffer with the disability and unhappiness
throughout his life. Considering the same, I am inclined to
enhance the compensation awarded by the Tribunal under
the head of 'pain and sufferings' from Rs.50,000/- to
Rs.60,000/- and 'loss of income during laid-up period' for
a period of two months, i.e, Rs.29,000/- (Rs.14,000*2).
The compensation awarded by the Tribunal under other
heads is just and reasonable.
11. 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 50,000 60,000
Medical expenses 19,305 19,305
Food, nourishment, 25,000 25,000
conveyance and
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attendant charges
Loss of income during 2,416 29,000
laid up period
Loss of amenities 50,000 50,000
Loss of future income 295,800 542,201
Future medical expenses 30,000 30,000
Total 472,521 755,506
12. In view of the above, I pass the following order:
(i) The appeal is allowed in part.
(ii) The judgment of the claims Tribunal is modified.
The claimant is entitled to a total compensation of
Rs.7,55,506/- in place of Rs.4,72,521/- awarded by the
Tribunal.
(iii) The Insurance Company is directed to deposit
the compensation amount along with interest 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 excluding interest for the
compensation awarded under the head of 'future medical
expenses'.
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(iv) The enhanced compensation carries interest @
6% p.a.
Sd/-
JUDGE
CM
