Karnataka High Court
Manjegowda vs Puttaraju on 26 October, 2023
Bench: H T Prasad
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NC: 2023:KHC:37987
MFA No. 2223 of 2012
C/W MFA No. 6760 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 2223 OF 2012 (MV)
C/W
MISCELLANEOUS FIRST APPEAL NO. 6760 OF 2012(MV)
IN MFA 2223/2012
BETWEEN:
MANJEGOWDA
AGED ABOUT 34 YEARS
S/O PUTTESWAMY GOWDA
RESIDING AT SULUGODU VILLAGE
ALUR TALUK,HASSAN DISTRICT.
...APPELLANT
(BY SRI. CHETHAN B.,ADVOCATE)
AND:
1. PUTTARAJU
Digitally signed
by S/O RANGEGOWDA, MAJOR
DHANALAKSHMI RESIDING AT GARIGATTA VILLAGE
MURTHY
GANJIGERE POST
Location: High
Court of ALUR TALUK,HASSAN DISTRICT.
Karnataka
2. THE BRANCH MANAGER
UNITED INDIA INSURANCE CO.LTD
VENKATESHWARA BUILDING
P.B. NO.108, B.M. ROAD
HASSAN-573 201.
...RESPONDENTS
(BY SRI. P B RAJU., ADVOCATE FOR R2:
NOTICE TO R1 IS DISPENSED WITH
V/O DATED: 11.02.2020)
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MFA No. 2223 of 2012
C/W MFA No. 6760 of 2012
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:7.12.2011
PASSED IN MVC NO.949/2008 ON THE FILE OF THE PRESIDING
OFFICER, FAST TRACK COURT-2, MACT, HASSAN, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA 6760/2012
BETWEEN:
THE BRANCH MANAGER
M/S UNITED INDIA INSURANCE CO.LTD
VENKATESHWARA BUILDING
P.B. NO.108, B.M. ROAD, HASSAN
BY ITS REGIONAL OFFICE
MOTOR T.P. DEPARTMENT
5TH FLOOR, NRUPATHUNGA ROAD
KRISHI BHAVAN, BANGALORE-560 001
REPRESENTED BY ITS
DEPUTY MANAGER.
...APPELLANT
(BY SRI. P.B.RAJU, ADVOCATE)
AND:
1. SHRI MANJE GOWDA
S/O PUTTASWAMY GOWDA
AGED 34 YEARS
R/O SULUGODU VILLAGE
ALUR TALUK, HASSAN DISTRICT.
2. PUTTARAJU
S/O RANGEGOWDA
RESIDING AT GARIGATTA
GANJIGERE POST
ALUR TALUK,HASSAN DISTRICT.
...RESPONDENTS
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MFA No. 2223 of 2012
C/W MFA No. 6760 of 2012
(BY SRI. CHETHAN B. ADVOCATE FOR R1:
NOTICE TO R2 IS DISPENSED WITH
V/O DATED:4.4.2013)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:7.12.2011
PASSED IN MVC NO.949/2008 ON THE FILE OF THE PRESIDING
OFFICER, FAST TRACK COURT-2, MACT, HASSAN, AWARDING
A COMPENSATION OF RS.15,70,000/- WITH INTEREST @ 6%
P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THESE APPEALS, COMING ON FOR HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
MFA No.2223/2012 is filed by the claimant whereas
MFA No.6760/2012 is filed by the Insurance Company
under Section 173(1) of the Motor Vehicles Act, (for short,
'the Act') being aggrieved by the judgment and award
dated 07.12.2011 passed by the Court of FTC II and Motor
Accident Claims Tribunal, Hassan (for short, 'the Tribunal')
in MVC No.949/2008. Since the challenge is to the same
judgment, both the appeals are clubbed together, heard
and common judgment is being passed.
2. Facts giving rise to the filing of the appeals
briefly stated are that on 21.02.2008 at about 9.30 p.m.,
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MFA No. 2223 of 2012
C/W MFA No. 6760 of 2012
the claimant, along with his friend was proceeding on the
left side of the road near bus stand in front of Picture
Palae Talkies to go to bus stand. At that time, the rider of
the motorcycle bearing registration No.KA-46/E-3385 rode
the same at a high speed and in a rash and negligent
manner, dashed to the claimant. As a result of the
aforesaid accident, the claimant sustained grievous
injuries and was hospitalized.
3. The claimant filed petition under Section 166 of
the Act seeking compensation. It was pleaded that he has
spent huge amount towards medical expenses,
conveyance, etc. It was further pleaded that the accident
occurred purely on account of the rash and negligent
riding of the offending vehicle by its rider.
4. On service of notice, the respondent Nos.1 and
2 appeared through counsel and filed separate written
statements 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
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MFA No. 2223 of 2012
C/W MFA No. 6760 of 2012
pleaded that the petition itself is false and frivolous in the
eye of law. It was further pleaded that the quantum of
compensation claimed by the claimant is exorbitant.
Hence, they 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 examined himself as PW-1, his
wife as PW-2 and Dr.Prabhakar was examined as PW-3
and got exhibited documents namely Ex.P1 to Ex.P13. 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
riding of the offending vehicle by its rider, as a result of
which, the claimant sustained injuries. The Tribunal further
held that the claimant is entitled to compensation of
Rs.15,70,000/- along with interest at the rate of 6% p.a.
and directed the Insurance Company to deposit the
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MFA No. 2223 of 2012
C/W MFA No. 6760 of 2012
compensation amount along with interest. Being
aggrieved, these appeals have been filed.
6. The learned counsel appearing for the claimant
has raised the following contentions:
(i) Firstly, due to the accident the claimant has
sustained head injury, he has undergone surgery and he
became 100% disabled. He has examined the doctor as
PW3 who, in his deposition has deposed that the claimant
has suffered severe disability to the extent of 93%. Due to
disability the claimant lost his job. The Tribunal instead of
considering the disability at 100% has erred in considering
only 50% disability and has not considered addition of
future prospects. In support of his contentions, he relied
on the judgments of the Apex Court in the case of 'PAPPU
DEO YADAV vs. NARESH KUMAR AND OTHERS' 2020
SCC Online SC 752 and 'ERUDHAYA PRIYA vs. STATE
EXPRESS TRANSPORT CORPORATION LTD. '2020
SCC Online SC 601'.
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MFA No. 2223 of 2012
C/W MFA No. 6760 of 2012
(ii) Secondly, the Tribunal has not awarded
compensation under the head 'loss of income during laid-
up period' and the compensation awarded by the Tribunal
under the heads 'pain and agony' and 'future unhappiness'
is on the lower side. Hence, he sought for allowing of the
appeal filed by the claimant and dismissal of the appeal
filed by the Insurance Company.
7. Per contra, learned counsel appearing for the
Insurance Company has raised the following contentions:
(i) Firstly, the claimant has not suffered any
amputation, he had only suffered head injury and due to
that the doctor has assessed severe disability and there is
no other physical injuries. Therefore, he can do his day
today work and the injuries suffered will not come in the
way of his profession. The Tribunal has erred in assessing
the whole body disability at 50%.
(ii) Secondly, except producing Ex.P12 salary
certificate issued by his employer, the claimant has not
examined his employer. Therefore, the Tribunal has erred
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MFA No. 2223 of 2012
C/W MFA No. 6760 of 2012
in considering the income of the claimant as Rs.13,306/-
per month.
(iii) Thirdly, the claimant was inpatient for only 16
days and he has not suffered any physical injury to
consider addition of future prospects. Hence, he sought
for allowing of the appeal filed by the Insurance Company
and dismissal of the appeal filed by the claimant.
8. Heard the learned counsel for the parties,
perused the judgment and award and the original records.
9. It is not in dispute that the claimant has suffered
injuries in the road traffic accident occurred on 21.02.2008
due to rash and negligent riding of the rider of the
motorcycle bearing registration No.KA-46/E-3385. Due to
the accident the claimant has suffered permanent injury.
The doctor PW3 has deposed as follows:
"The patient had suffered left parietal
compound depressed fracture and left fronto
parietal hematoma as a result of NIMHANS and
diagnosed to have Post Traumatic Aphasis
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MFA No. 2223 of 2012
C/W MFA No. 6760 of 2012
(Wernickes type Acquired language
impairment) and he suffers from severe form of
speech disability (Wernickes Aphasis). Aphasis
quotient on western Aphasis Battery in kannada
is 13% (normal 93%). Patient has severe post
traumatic speech disability as per the
assessment of speech pathologist."
10. It is very clear from the evidence of the doctor -
PW3 and Ex.P4 - wound certificate, Exs.P8 & P9 -
certificates issued by NIMHANS and Ex.P10 - certificate
issued by Medical Board Examination that the claimant has
suffered severe disability. It is also clear from Ex.P11 -
certificate issued by the CRPF that the claimant has been
removed from service. Therefore, the whole body disability
has to be assessed at 75%.
11. In respect of monthly income is concerned,
claimant has produced the salary certificate as per Ex.P12
which clearly shows that the claimant was drawing a
salary of Rs.13,306/- per month at the time of the
accident. Therefore, the monthly income has to be taken
as Rs.13,306/-. In view of the law laid down by the Apex
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MFA No. 2223 of 2012
C/W MFA No. 6760 of 2012
Court in the case of PAPPU DEO YADAV (supra) and
ERUDHAYA PRIYA (supra), the claimant is entitled for
addition of future prospects. In view of the law laid down
by the Apex Court in the case of NATIONAL INSURANCE
CO. LTD. -v- PRANAY SETHI AND OTHERS [AIR 2017
SC 5157], since the claimant was aged about 30 years,
he was a permanent employee and has an established
income, 50% of his income has to be added towards
future prospects and the applicable multiplier is '17'.
Hence, the monthly income of the claimant comes to
Rs.19,959/- (Rs.13,306 + 6,653). Thus, the claimant is
entitled to Rs.30,53,727/- (Rs.19,959x12x17x75%) on
account of 'loss of future income due to disability'.
12. Due to the accident, the claimant has suffered
grievous injuries. He has suffered head injury. He has
undergone surgery and he was inpatient for a period of 16
days. He has suffered lot of pain during treatment and he
has to suffer the disability and unhappiness throughout his
life. Considering the injuries suffered by the claimant,
considering the evidence of the doctor and considering the
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C/W MFA No. 6760 of 2012
wound certificate, I am inclined to enhance the
compensation awarded by the Tribunal for 'pain and
agony' from Rs.25,000/- to Rs.60,000/- and for 'future
happiness' from Rs.15,000/- to Rs.35,000/-.
13. Thus, the claimant is entitled to the following
compensation:
As awarded As awarded
by the by this Court
Compensation under
Tribunal
different Heads (Rs.)
(Rs.)
Pain and agony 25,000 60,000
Loss of future earning 15,30,000 30,53,727
Future unhappiness 15,000 35,000
Total 15,70,000 31,48,727
14. The claimant is entitled to a total compensation
of Rs.31,48,727 /- as against Rs.15,70,000/- awarded by
the Tribunal.
15. In the result, I pass the following order:
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MFA No. 2223 of 2012
C/W MFA No. 6760 of 2012
(i) The appeal filed by the claimant, i.e.,
MFA No.2223/2012 is allowed in part.
(ii) The appeal filed by the Insurance
Company, i.e., MFA No.6760/2012 is dismissed.
(iii) The judgment of the Claims Tribunal
is modified.
(iv) The Insurance Company is directed to
deposit the compensation amount along with
interest @ 6% p.a. 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.
(v) The amount in deposit is ordered to be
transferred to the Tribunal forthwith.
Sd/-
JUDGE
CM
