Karnataka High Court
Ravindra B vs Shantharaju A B on 15 April, 2024
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MFA No. 184 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO.184 OF 2018 (MV-I)
BETWEEN:
RAVINDRA B.
S/O. BORALINGAIAH
AGED ABOUT 31 YEARS
R/AT MADARASABARADODDI VILLAGE
KASABA HOBLI, HARISANDRA
RAMANAGARA TALUK & DISTRICT.
...APPELLANT
(BY SRI PUTTASWAMY C., ADVOCATE)
AND:
1. SHANTHARAJU A. B.
S/O BOMMALINGAIAH
R/AT NO.134, ANEKEMPAIAHNADODDI
MANCHANABELE POST
MAGADI TALUK
RAMANAGARA DISTRICT
(REPT THROUGH HIS COUNSEL)
Digitally signed by
MOUNESHWARAPPA
NAGARATHNA 2. THE MANAGER
Location: HIGH LIBERTY VIDEOCON GENERAL INSURANCE CO., LTD.,
COURT OF
KARNATAKA LEGAL OFFICE,
UNIT NO.302, NO.202, 3RD FLOOR
RICHMOND ROAD, PRESTIGE KADA
BENGALURU
(REPRESENTED BY ITS MANAGER)
...RESPONDENTS
(BY SRI O. MAHESH, ADVOCATE FOR R-2;
R-1-SERVED, UNREPRESENTED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF M.V. ACT AGAINST THE JUDGMENT AND AWARD
DATED 07.06.2017 PASSED IN M.V.C. NO.484/2014 ON THE FILE OF
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MFA No. 184 of 2018
THE ADDITIONAL SENIOR CIVIL JUDGE, RAMANAGARA. PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL HAVING BEEN HEARD
AND RESERVED ON 04.04.2024, THIS DAY, THE COURT
PRONOUNCED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimant aggrieved by the
judgment and award dated 07.06.2017 passed in M.V.C.
No.484 of 2014 on the file of the Addl. Motor Accidents
Claims Tribunal and Additional Senior Civil Judge,
Ramanagara, whereby, the Tribunal awarded a sum of
Rs.4,54,200/- as compensation.
2. For the sake of convenience, the parties are
referred to as they are referred to in the claim petition
before the Tribunal.
3. The claim petition was filed seeking
compensation of Rs.15 lakhs on account of the injuries
sustained by the claimant in the road traffic accident that
took place on 07.07.2014 at about 8:00 p.m. It is the case
of the claimant that he was riding the motorcycle bearing
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registration No.KA 42-J-7911 from Madarasabaradoddi to
Ramanagara, when he reached Dyaravasegowdanadoddi
Cross, Hallimala, the driver of JCB bearing registration No.
KA-42-M-4673 drove the same in a rash and negligent
manner and dashed against the motorcycle of the
claimant, hence, the claimant sustained grievous injuries
and was shifted to St. John Hospital, Bengaluru and
thereafter, shifted to Hosmat Hospital, Bengaluru for
higher treatment, wherein X-rays were taken and the
Doctor noticed fracture of unstable right knee (dislocation
of right knee). He has undergone surgery in the hospital
and was discharged with an advice for follow up
treatment.
4. The Tribunal considering the evidence on record at
Exs.P1 to P.17 and considering the oral evidence of PWs.1
and 2, awarded a total compensation of Rs.4,54,200/-.
5. Learned counsel for the appellant/claimant
submits that the Tribunal has failed to consider the injury
sustained by the claimant and the amount that were spent
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towards treatment. The injury sustained by the claimant is
grevious in nature and the Tribunal has failed to grant
reasonable amount for the said injury. He further
submitted that the compensation that was granted by the
Tribunal was not reasonable one. Further, the Tribunal has
not at all granted any compensation under the head 'loss
of amenities'. Hence, he prayed to allow the appeal.
6. Learned counsel for respondent No.2/Insurance
Company submits that the Tribunal considering the
medical evidence as well as oral evidence and other
exhibits has reasonably granted the compensation. He
further submitted that no grounds are made out for
seeking enhancement of compensation.
7. As there is no dispute regarding the injuries
sustained by the claimant in a road traffic accident that
occurred on 07.07.2014 due to rash and negligent driving
of JCB bearing registration No.KA-42-M-4673, by its driver
and liability of the insurer of the offending vehicle, the
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only point that arises for my consideration in the appeal
is:
"Whether quantum of compensation awarded
by the Tribunal is just and reasonable or does it
call for enhancement?"
8. After hearing the learned counsel appearing for
the parties and perusing the judgment and award of the
Tribunal, I am of the view that the compensation awarded
by the Tribunal is not just and reasonable, it is on the
lower side and hence, it is required to be enhanced.
9. As per Ex.P5-Wound Certificate, the claimant
sustained fracture of right knee. As per opinion of the
Doctor, the injury mentioned in Ex.P5 is grevious in
nature. The claimant was initially treated at St. John
Hospital, Bengaluru and then shifted to Hosmat Hospital,
Bengaluru, wherein he was treated as in-patient from
08.07.2014 to 10.07.2014. The injury sustained and
treatment taken by the claimant is also supported by the
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oral evidence of the claimant and the Doctor, who were
examined as PWs.1 and 2, respectively.
10. In this case, the Tribunal has observed that the
claimant sustained grevious injury. For a grievous injury,
as per settled law, the claimant is entitled for
compensation of Rs.40,000/-, towards "pain and
suffering". The Tribunal has granted an amount of
Rs.10,000/- which is not reasonable one. Hence, an
additional amount of Rs.40,000/- is granted under the
head 'pain and sufferings' as against Rs.10,000/- awarded
by the Tribunal.
11. The Tribunal has awarded a sum of
Rs.2,49,395/- towards "medical expenses", which is
reasonable amount and no interference in that regard is
called for by this Court.
12. Towards "loss of income during laid up
period", the Tribunal has awarded Rs.16,500/- under this
head. The nature of injury suggest that the claimant must
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have been under rest and treatment for a period of three
months. The accident occurred in the year 2014, hence, a
sum of Rs.8,500/- is taken as notional income for the year
2014, which comes to Rs.8,500 X 3 = Rs.25,500/- and
which is reasonable amount towards 'loss of income during
laid up period'.
13. Towards "loss of future income", the Tribunal
awarded a sum of Rs.1,68,300/- (Rs.5,500 x 12 x 17 =
Rs.11,22,000/-). The percentage of disability for the whole
body is taken as 15%. The future loss of income would be
Rs.11,22,000 x 15/100= Rs.1,68,300/-. The accident is of
the year 2014, if the income of the claimant is considered
at Rs.8,500/- per month, then it has to be calculated as
Rs.8,500 x 12 x 17=17,34,000/-. Therefore, it works out
to Rs.2,60,100/-(Rs.17,34,000/- x 15%) as against
Rs.1,68,300/- awarded by the Tribunal.
14. The Tribunal has not awarded any compensation
in respect of "removal of implants", hence, a sum of
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Rs.10,000/- is granted and which is reasonable one under
the said head.
15. Towards "loss of amenities" a sum of
Rs.5,000/- is granted by the Tribunal, which is not
reasonable, hence, additional sum of Rs.15,000/- is
granted under this head.
16. Towards "nourishment, attendant charges
and transportation charges", a sum of Rs.5,000/- is
granted by the Tribunal which is not reasonable. Hence, an
additional compensation of Rs.15,000/- is granted under
this head, which is reasonable one.
17. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V. MEKALA v. M. MALATHI
AND ANOTHER reported in (2014) 11 SCC 178, the
claimant is entitled for amount of Rs.10,000/- towards
'legal expenses'.
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18. Thus, the claimant is entitled for the following
compensation:
HEADS Rs.
Pain and sufferings 50,000.00
Medical expenses 2,49,395.00
Loss of income during laid up period 25,500.00
Loss of future income 2,60,100.00
Removal of implants 10,000.00
Loss of Amenities 20,000.00
Nourishment, attendant charge and
transportation charges and extra 20,000.00
nourishment
Legal expenses 10,000.00
TOTAL 6,44,995.00
Less: Compensation awarded by the
4,54,200.00
Tribunal
ENHANCED COMPENSATION 1,90,795.00
19. Accordingly, the appeal is allowed-in-part.
a. The judgment and award dated 07.06.2017
passed by Motor Accidents Claims Tribunal and Addl.
Senior Civil Judge, Ramanagara is modified to the extent
stated herein above.
b. The claimant is entitled for a total compensation of
Rs.6,44,995/- as against Rs.4,54,200/- awarded by the
Tribunal with interest at 6% per annum on the additional
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compensation of Rs.1,90,795/- from the date of filing of
the claim petition till the date of its realisation.
c. Respondent No.2/Insurance Company is directed
to deposit the additional compensation amount together
with interest within a period of six weeks from the date of
receipt of a copy of this judgment after deducting the
amount, if any already deposited, the same shall be
disbursed to the claimant.
No order as to costs.
Sd/-
JUDGE
MN
