Karnataka High Court
G D Manjunath vs P S Malleshagowda on 19 September, 2023
Bench: Lalitha Kanneganti
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NC: 2023:KHC:33812
MFA No. 8539 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 8539 OF 2012 (MV-I)
BETWEEN:
G.D. MANJUNATH
S/O DEVEGOWDA
AGED ABOUT 55 YEARS
C/O LATE POOJARI SINGANNA
NEW BESTHARA BEEDI
2ND CROSS, HASSAN
...APPELLANT
(BY SRI.M.E. NAGESH., ADVOCATE)
AND:
Digitally
signed by JAI 1. P.S. MALLESHAGOWDA
JYOTHI J
Location:
S/O P.S. MANJEGOWDA
HIGH PIRUMANAHALLI
COURT OF
KARNATAKA HANUMANTHAPURA POST
HASSAN TALUK
HASSAN DISTRICT - 573 201.
2. ORIENTAL INSURANCE COMPANY LTD.,
C.NANJAPPA COMPLEX
SUBHASH SQUARE, HASSAN- 573 201.
...RESPONDENTS
(BY R1- NOTICE D/W V/O DTD: 20.01.2010;
SRI.B.S. UMESH, ADVOCATE FOR R2)
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NC: 2023:KHC:33812
MFA No. 8539 of 2012
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 22.11.2011 PASSED
IN MVC NO.186/2007 ON THE FILE OF THE ADDITIONAL
SENIOR CIVIL JUDGE, MEMBER, ADDITIONAL MACT,
HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This is an appeal filed by the claimant aggrieved by
the award passed in M.V.C.No.186/2007, dated 22.11.2011
on the file of the Member Additional MACT, Hassan. The
claim petition was filed seeking compensation of an amount
of Rs.12,00,000/- for the injuries sustained by the claimant
in the accident.
2. It is the case of the claimant that on
17.11.2006 when the claimant was walking in Arsikere Town
near Ayyappaswamy temple, on Hassan Road at about 12.30
p.m., a Maruthi Van came and dashed against him and as a
result he had sustained injuries and he took treatment in the
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MFA No. 8539 of 2012
hospital. According to the claimant because of the injuries
sustained by him, he had suffered disability.
3. The court below on the issue of liability held
that the accident had taken place because of the rash and
negligent driving of the driver of the offending vehicle as
such the insurance company is liable to pay the
compensation. Then coming to the compensation as per the
wound certificate the doctor has opined that the claimant
had pain and swelling of left high lower 1/3rd and unable to
walk and x-ray shows long oblique fracture of shaft of left
femur lower 1/3rd with displacement. The court below under
the head of pain and suffering granted an amount of
Rs.30,000/-. Then coming to the 'loss of earning on account
of disability' court below had held the income of Rs.4,000/-
p.m., and applying the relevant multiplier of 13 and taking
the disability at 15% had granted an amount of Rs.93,600/-
(Rs.4,000 x 12 x 13 x 15%), towards loss of amenities an
amount of Rs.25,000/-, towards conveyance, attendant
charges, food and nourishment an amount of Rs.6,000/-,
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MFA No. 8539 of 2012
towards loss of income during laid up period for two months
Rs.8,000/-, towards future medical expenses Rs.10,000/-.
Altogether an amount of Rs.1,72,600/- was granted.
4. Learned counsel appearing for the appellant -
claimant submits that the injuries sustained by the claimant
particularly the disability, the court below ought to have
applied the multiplier and ought to have granted the
compensation. According to the claimant he was earning an
amount of Rs.48,000/- per month and the court below had
taken an amount of Rs.4,000/- per month which is on lower
side, it is submitted that the compensation which was
awarded is not reasonable.
5. Learned counsel appearing for the insurance
company submits that though it is stated that he has
sustained disability, no convincing evidence is placed on
record. Even for the medical bills also no evidence is placed
on record. It is submitted that the court below considering
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MFA No. 8539 of 2012
all the evidence had rightly granted a compensation of an
amount of Rs.1,72,600/-.
6. In this case, the claimant had sustained one
fracture and for that towards pain and suffering an
amount of Rs.30,000/- is granted which is a reasonable
amount, then towards loss of earning during laid up period
the court below had taken an amount of Rs.4,000/- p.m. In
the considered opinion of this Court applying the ratio in
Ramachandrappa Vs. Manager Royal Sundaram
Alliance1 an amount of Rs.4,500/- p.m., would be an
appropriate amount. Therefore, an amount of Rs.9,000/-
(Rs.4,500 x 2) is awarded towards loss of income during
laid up period and towards loss of future earning due to
disability as this court had considered Rs.4,500/- p.m., it
would come an amount of Rs.1,05,300/- (Rs.4,500 x 12 x
13 x 15/100), towards loss of amenities and future
medical expenses court below had granted an amount of
Rs.25,000/- and an amount of Rs.10,000/- respectively,
2011 (13) SCC 236
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MFA No. 8539 of 2012
which are appropriate and this court finds no reasons to
interfere. When it comes to conveyance and attendant
charges, food and nourishment court below had only granted
an amount of Rs.6,000/-. Considering the injuries and the
amount of time the claimant had spent in the hospital, this
Court is inclined to grant an amount of Rs.10,000/- under
the said head.
6. Further, in the light of the law laid down by the
Hon'ble Supreme Court in the case of V.MEKALA vs. M.
MALATHI AND ANOTHER2, the claimant is entitled for an
amount of Rs.10,000/- towards legal expenses.
7. The claimant is therefore, entitled to the
compensation under the following heads:
Heads Compensation
Awarded
1. Pain and Sufferings : Rs. 30,000/-
2. Loss of income due to disability : Rs. 1,05,300/-
3. Loss of Earning during laid up period : Rs. 9,000/-
(2014) 11 SCC 178
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MFA No. 8539 of 2012
4. Future Medical Expenses : Rs. 10,000/-
5. Loss of Amenities : Rs. 25,000/-
6. Conveyance And Attendant Charges, Food : Rs. 10,000/-
And Nourishment
7. Legal Expenses : Rs. 10,000/-
TOTAL : Rs. 1,99,300/-
8. Accordingly, the appeal is partly allowed,
enhancing the compensation amount from Rs.1,72,600/-
to Rs.1,99,300/-.
i) The enhanced amount shall carry interest at 6%
p.a. from the date of petition till the date of
realization.
ii) The respondent - insurance company shall
deposit the amount within a period of eight
weeks from the date of receipt of copy of the
judgment. On such deposit, the claimant is
entitled to withdraw the entire amount without
furnishing any security.
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MFA No. 8539 of 2012
iii) Registry is directed to return the Trial Court
Records to the Tribunal, along with certified
copy of the order passed by this Court forthwith
without any delay.
iv) No costs.
Pending miscellaneous petitions, if any, shall stand
closed.
SD/-
JUDGE
JJ
