Karnataka High Court
Vimal vs Tejkumar Trade Links Pvt Ltd on 15 April, 2024
-1-
NC: 2024:KHC:15092
MFA No. 6174 of 2017
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.6174 OF 2017 (MV-I)
BETWEEN:
VIMAL
S/O MOHANLAL
AGED ABOUT 27 YEARS
WORKING IN KAMAL ENTERPRISES
KENGAL SIDDESHWARA TEMPLE ROAD
SUBHASH NAGAR, ARSIKERE TOWN
HASSAN DISTRICT-573 103.
...APPELLANT
(BY SRI DHANANJAY K. M., ADVOCATE FOR
SRI GANGADHARAPPA A. V., ADVOCATE)
AND:
1. TEJKUMAR TRADE LINKS PVT., LTD.,
NO.3, BILMAR INDUSTRIAL ESTATE
NAGASANDRA POST
BENGALURU-560 073.
Digitally signed by 2. RELIANCE GENERAL INSURANCE CO., LTD.,
MOUNESHWARAPPA
NAGARATHNA REPRESENTED BY ITS REGIONAL MANAGER
Location: HIGH
COURT OF
REGIONAL OFFICE,NO.28, CENETARY BUILDING
KARNATAKA 5TH FLOOR, M. R. ROAD
BENGALURU-560 001.
3. BHIMESH
S/O MARUTHESH
AGED ABOUT 50 YEARS
ROYAL CHALLENGE, NO.3
BILWAR ESTATE, NAGASANDRA
BENGALURU-560 073.
...RESPONDENTS
(BY SRI D. VIJAYAKUMAR, ADVOCATE FOR R-2)
-2-
NC: 2024:KHC:15092
MFA No. 6174 of 2017
THIS MFA IS FILED U/S 173(1) OF M.V. ACT, 1988 AGAINST
THE JUDGMENT AND AWARD DATED 18.01.2017 PASSED IN
M.V.C.NO.1879/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND J.M.F.C., ARSIKERE. PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION AND ETC,.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is field by the claimant aggrieved by the
judgment and award dated 18.01.2017 passed in
MVC.No.1879/2013 on the file of Senior Civil Judge and Motor
Accident Claims Tribunal, Arsikere, where by the Tribunal has
awarded a sum of Rs.2,71,200/- as compensation.
2. For the sake of convenience, the parties are referred to
as per their ranking before the Tribunal.
3. The claim petition was filed seeking compensation of
Rs.5,00,000/- on account of the injuries sustained by the
claimant in the accident that took place on 25.01.2012 at 7:45
pm in the night while the claimant was traveling in Tata Ace
vehicle bearing Reg. No. KA.13/A-8361 near D.M. Kurke
Village, of Arasikere taluk, the driver of the goods vehicle
bearing Reg. No. KA.52/1297 came in a high speed, rash and
negligent manner and dashed Tata Ace vehicle. As a result, the
NC: 2024:KHC:15092
claimant and inmates of the vehicle have sustained injuries.
The claimant shifted to J.C. Hospital, Arsikere later to Mangala
Hospital, Hassan, where the doctor has noticed the fracture of
right tibia, fracture of right fibula, fracture of medial mallulus,
fracture of right metacarpal, tenderness in chest, tenderness in
spine and abrasion in buttocks and forehead. The claimant has
undergone surgery and he was discharged with an advise for
follow up treatment.
4. The Tribunal considering the evidence on record at
Ex.P.1 to Ex.P.13 and considering the evidence of claimant,
granted the compensation of Rs.2,71,200/-.
5. Learned counsel for the appellant/claimant submits
that the Tribunal has failed to consider the injuries sustained by
the claimant and amount that were spent towards the
treatment. The claimant sustained in all 8 injuries. Injury Nos.1
to 4 are grievous in nature and injuries Nos.5 to 8 are simple in
nature. But, Tribunal has failed to grant reasonable
compensation for the said injuries. He further submits that the
compensation that was granted by the Tribunal was not just
and reasonable and it has not granted any compensation under
NC: 2024:KHC:15092
the head, 'loss of future earning', 'loss of amenities',
'conveyance', 'food and nourishment and attendant charges'
and 'loss of laid up period' and also towards removal implants.
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. The counsel further
submits that infact, the claimant is not entitled for any
compensation under the head, 'loss of future income', as
claimant has been working in Kamal enterprise, Arsikere taluk
and his monthly income was Rs.6,000/- per month during the
year 2012. However, the Tribunal has granted loss of future
income. He further submits that no grounds are made out for
seeking enhancement of the compensation.
7. As there is no dispute regarding injuries sustained by
the claimant in a road traffic accident occurred on 25.01.2012
due to rash and negligent driving of the goods vehicle bearing
Reg. No. KA.52/1297, by its driver and liability of the insurer of
NC: 2024:KHC:15092
the offending vehicle, the only point that arise for Court
consideration in the appeal is:
'whether the quantum of compensation awarded by the
Tribunal is just and reasonable or as it call for enhancement?.'
8. After hearing the learned counsel appearing for the
parties and perused the judgment and award of the Tribunal,
the Court is 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.P.4 wound certificate the claimant sustained
the following injuries:
a) fracture of right tibia
b) fracture of right fibula
c) fracture of medial mallulus
d) fracture of right metacarpal
e) tenderness chest
f) tenderness in spine
g) abrasion in buttocks
NC: 2024:KHC:15092
h) abrasion in forehead.
10. As per the opinion of the doctor injuries Nos.1 to 4
are grievous in nature and injuries Nos.5 to 8 are simple in
nature. The claimant was initially treated at J.C. Hospital,
Arsikere, later he was under went surgical operation at Mangala
hospital, Hassan, as inpatient from on 25.01.2012 and
discharged on 07.02.2012 i.e., for a period of 13 days. The
injuries sustained and the treatment taken by the claimant is
also supported by oral evidence of the claimant and Ex.P.4
wound certificate. Admittedly, the claimant has not examined
the doctor who treated the claimant initially and conducted
surgery at Mangala hospital, Hassan.
11. In this case, the Tribunal has observed that the
claimant sustained in all 8 injuries and injury Nos.1 to 4 are
grievous in nature and injury Nos.5 to 8 are simple in nature.
For one grievous injury, as per settled law the claimant is
entitled for amount of Rs.40,000/- and for additional fractures
he is entitled for Rs.10,000/- each, towards simple injuries he
is entitled for amount of Rs.20,000/- together for four injuries.
Therefore, the claimant is entitled for Rs.90,000/- under the
head, 'pain and sufferings' as against Rs.60,000/- awarded by
NC: 2024:KHC:15092
the Tribunal. Towards 'medical expenses', the Tribunal has
awarded a sum of Rs.94,127/- which is not reasonable. The
Tribunal has not considered few bills which amounts to
Rs.5,698/-. Hence, an additional compensation of Rs.5,698/- is
granted under this head, which comes to Rs.99,825/-.
12. The Tribunal has awarded a sum of Rs.1,02,000/-
under the head 'loss of future income', considering his notional
income at the rate of Rs.5,000/- per month. The accident is of
the year 2012. As per the circular issued by the Karnataka
State Legal Service Authority and the High Court Legal Services
Committee, Bengaluru, the notional income for the year 2012 is
Rs.7,000/- per month. If we calculate the loss of future earning
by taking disability at 10% and is multiplied with annual
income, it comes to Rs.1,42,800/- (7000 X 12 X 17 X 10%).
Therefore, additional amount of Rs.40,800/-(1,42,800-
1,02,000) is granted under the said head.
13. The Tribunal has awarded a sum of Rs.5,000/-
towards loss of amenities which is not reasonable one. Hence,
additional compensation of Rs.20,000/- is awarded under this
head.
NC: 2024:KHC:15092
14. The Tribunal has awarded a sum of Rs.5,000/-
towards conveyance, food, nourishment and attendant charges,
which is not reasonable one. Hence, additional compensation of
Rs.20,000/- is awarded under the said head.
15. The Tribunal has awarded a sum of Rs.5,000/-
towards laid-up period for one month. Considering the nature
of injuries sustained by the claimant and the fact that, he
sustained in all four fractures, he must have been under rest
and treated for a period of 3 months and therefore, a sum of
Rs.21,000/- (7000 X 3) is awarded under the said head, as
against Rs.5,000/- awarded by the Tribunal by taking notional
income at the rate of Rs.7,000/- per month.
16. The Tribunal has failed to award any compensation
under the head 'removal of implants'. Considering the nature of
injuries sustained by the claimant a sum of Rs.25,000/- is
awarded under the said head.
NC: 2024:KHC:15092
17. The claimant is entitled for the following
compensation:
Amount Amount
Sl.No. Heads awarded by the awarded by this
Tribunal (Rs.) Court (Rs.)
1. Loss of future 102000.00 142800.00
earnings
2. Medical expenses 94127.00 99825.00
3. Attendant charges, 5000.00 25000.00
food, nourishment
and conveyance
charges
4. Pain and suffering 60000.00 90000.00
5 Loss of laid up 5000.00 21000.00
period for one
month
6 Removal of implant 00.00 25000.00
7 Loss of amenities 5000.00 25000.00
Total 271127.00 4,28,625.00
Hence, the appellant/claimant is entitled for enhanced
compensation of Rs.1,57,498/- (4,28,625 - 2,71,127) together
with interest at 6% p.a.
18. In view of the aforementioned, the following:
- 10 -
NC: 2024:KHC:15092
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 18.01.2017 passed
in MVC.No.1879/2013 on the file of Senior Civil
Judge and Motor Accident Claims Tribunal, Arsikere,
is modified to the extent stated herein above;
iii) The claimant is entitled for total compensation of
Rs.4,28,625/- as against Rs.2,71,127/- awarded by
the Tribunal with interest at 6% per annum on the
additional compensation of Rs.1,57,498/- from the
date of petition till its realization;
iv) Respondent No.2 - insurance company is directed
to deposit the additional compensation together
with interest within a period of six weeks form the
date of receipt of a copy of this judgment;
v) The additional compensation, the Tribunal is
directed to disburse the entire additional amount in
favour of the claimant on proper identification;
vi) No order of costs.
Sd/-
JUDGE
PNV
