Karnataka High Court
Mr Ramanna vs The New India Assurance Co.,Ltd on 13 September, 2023
Bench: H T Prasad
-1-
NC: 2023:KHC:33221
MFA No. 8318 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 8318 OF 2018 (MV)
BETWEEN:
MR RAMANNA
S/O VEERABHADRA SHETTY
AGED ABOUT 61 YEARS
R/AT NO.69,2ND CROSS
2ND MAIN ROAD
BANASHANKARI 1ST STAGE
VINAYAKANAGAR
BENGALURU-560 050
...APPELLANT
(BY SRI. GURUDEV PRASAD K T., ADVOCATE)
AND:
1. THE NEW INDIA ASSURANCE CO.LTD
Digitally signed T.P. CLAIM HUB
by
DHANALAKSHMI MAHALAKSHMI CHAMBERS
MURTHY 2ND FLOOR,M.G.ROAD
Location: High BENGALURU-560 001.
Court of
Karnataka
2. SMT GIRIJA RUPA REVATHI G
W/O SURESH BABU K
PROP:REVATHI BHARATH
GAS DISTRIBUTORS
BANGARPET, KOLAR DIST-563 114.
...RESPONDENTS
(BY SRI.K.NAGARAJAIAH., ADVOCATE FOR R1:
NOTICE TO R2 IS SERVED AND UNREPRESENTED)
-2-
NC: 2023:KHC:33221
MFA No. 8318 of 2018
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:07.07.2018
PASSED IN MVC NO.7053/2017 ON THE FILE OF THE V
ADDITIONAL SMALL CAUSES JUDGE AND XXIV A.C.M.M,
MEMBER, M.A.C.T., MAYO HALL UNIT, BENGALURU, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Section 173(1) of Motor Vehicles
Act, 1988 (hereinafter referred to as 'the Act') has been
filed by the claimant being aggrieved by the judgment and
decree dated 07.07.2018 passed by the Motor Accident
Claims Tribunal & V Addl. Judge - SCCH-20, Bengaluru
(hereinafter referred to as 'the Tribunal') in MVC
No.7053/2017.
2. Facts giving rise to the filing of the appeal
briefly stated are that on 14.11.2017 at about 12.00 a.m,.
the claimant was proceeding on TVS moped bearing
registration No.KA-05/EY-4157 on HMT main road,
Jalahalli, Bangalore on the extreme left side of the road.
When he reached near artificial manufacturing India
NC: 2023:KHC:33221
MFA No. 8318 of 2018
factory, at that time, a gas lorry bearing registration
No.KA-08/5766 being driven by its driver at a high speed
and in a rash and negligent manner dashed to the
motorcycle. Due to the said impact, claimant fell down
and suffered injuries.
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
riding of the offending vehicle by its rider.
appeared through counsel and 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
petition itself is false and frivolous in the eye of law. It
was further pleaded that the liability is subject to terms
and conditions of the policy. It was further pleaded that
NC: 2023:KHC:33221
MFA No. 8318 of 2018
the quantum of compensation claimed by the claimant is
exorbitant. Hence, he sought for dismissal of the petition.
The respondent No.2 did not appear before the Tribunal
and hence he was placed ex-parte.
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.S.A.Somashear was examined as PW-2 and Dr.Suresh
was examined as PW3 and got exhibited documents
namely Ex.P1 to Ex.P21. On behalf of the respondents,
three witnesses were examined and got exhibited
documents namely Ex.R1 and Ex.R2. The Claims Tribunal,
by the impugned judgment, inter alia, held that the
accident took place on account of rash and negligent
driving of the driver of the offending vehicle, as a result of
which, the claimant sustained injuries. The Tribunal further
held that the claimant is entitled to a compensation of
Rs.3,07,000/- along with interest at the rate of 9% p.a.
and directed the Insurance Company to deposit the
NC: 2023:KHC:33221
MFA No. 8318 of 2018
compensation amount along with interest. Being not
satisfied, claimant filed this appeal.
6. The learned counsel for the claimant has raised
the following contentions:
(i) Firstly, even though the claimant claims that he
was earning Rs.15,000/- per month, but the Tribunal has
taken the notional income as only Rs.9,000/- per month.
(ii) Secondly, due to the accident the claimant has
suffered grievous injuries, he has examined the doctor as
PW3, who in his evidence has deposed that the claimant
has suffered 40% disability to lower limb and 20% to the
whole body, the Tribunal has assessed the whole body
disability at 13.3%, which is on the lower side.
(iii) Thirdly, due to the accident the claimant has
suffered grievous injuries, he was inpatient for a period of
6 days. He has suffered lot of pain during the treatment
and he has to suffer the disability throughout his life. The
compensation awarded by the Tribunal on the head 'pain
NC: 2023:KHC:33221
MFA No. 8318 of 2018
and sufferings', 'loss of amenities' and other incidental
expenses is on the lower side and the Tribunal has failed
to award any compensation under the head 'loss of income
during laid-up period'. Hence, he sought for allowing the
appeal.
7. On the other hand, the learned counsel appearing
for the Insurance Company has raised the following
contentions:
(i) Firstly, even though the claimant claims that he
was earning Rs.15,000/- per month, he has not produced
any documents to establish his income. Therefore, the
Tribunal has rightly assessed the income of the claimant
notionally.
(ii) Secondly, the injuries suffered by the claimant
are minor in nature. Even though the doctor has assessed
the whole body disability at 20% and limb disability at
40%, the Tribunal has rightly assessed the whole body
disability at 13.3%.
NC: 2023:KHC:33221
MFA No. 8318 of 2018
(iii) Thirdly, considering the injuries sustained by the
claimant and considering the evidence of the doctor, the
overall compensation awarded by the Tribunal is just and
reasonable.
(iv) Lastly, the rate of interest awarded by the
Tribunal at 9% p.a. is on the higher side. Hence, he
sought for dismissal of the appeal.
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
sustained injuries in the road traffic accident occurred on
14.11.2017 due to rash and negligent driving of the driver
of the lorry bearing registration No.KA-08/5766.
10. The claimant claims that he was earning
Rs.15,000/- per month. He has not produced any
documents to prove his income. Therefore, the notional
income has to be assessed as per the guidelines issued by
the Karnataka State Legal Services Authority. Since the
NC: 2023:KHC:33221
MFA No. 8318 of 2018
accident has taken place in the year 2017, the notional
income has to be taken at Rs.11,000/- p.m. Due to the
accident the claimant has sustained left femur fracture and
other injuries. He has examined the doctor as PW3, who
in his evidence has deposed that the claimant has suffered
disability to left lower limb at 40% and whole body
disability at 20%, the Tribunal considering the evidence of
the doctor and the injuries suffered by the claimant has
rightly assessed the whole body disability at 13.3%. The
claimant was aged about 60 years at the time of the
accident and multiplier applicable to his age group is '7'.
Thus, the claimant is entitled for compensation of
Rs.1,22,892/- (Rs.11,000*12*7*13.3%) on account of
'loss of future income'.
11. Due to the accident, the claimant has suffered
grievous injuries. He was treated as inpatient for 6 days
in the hospital and thereafter, has received further
treatment. He has suffered lot of pain during treatment
and he has to suffer with the disability and unhappiness
NC: 2023:KHC:33221
MFA No. 8318 of 2018
throughout his life. Considering the same, I am inclined to
enhance the compensation awarded by the Tribunal under
the head of 'loss of amenities' from Rs.15,000/- to
Rs.40,000/- 'loss of income during laid-up period' for a
period of 3 months, i.e., Rs.33,000/- (Rs.11,000*3).
Considering the nature of injuries, the compensation
awarded by the Tribunal under other heads is just and
reasonable.
12. 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 75,000 75,000
Medical expenses 96,144 96,144
Food, nourishment, 20,000 20,000
conveyance and
attendant charges
Loss of income during 0 33,000
laid up period
- 10 -
NC: 2023:KHC:33221
MFA No. 8318 of 2018
Loss of amenities 15,000 40,000
Loss of future income 1,00,548 1,22,892
Total 3,06,692 3,87,036
13. In the result, the appeal is allowed in part. The
judgment of the Claims Tribunal is modified.
14. The claimant is entitled to a total compensation
of Rs.3,87,036/- as against Rs.3,06,692/- awarded by the
Tribunal.
15. 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. The enhanced
compensation carries interest at the rate of 6% p.a.
Sd/-
JUDGE
CM
