Karnataka High Court

Smt Swaranabma vs Sri Bavihalli Rajasab on 16 April, 2024

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                                                              NC: 2024:KHC:15134
                                                            MFA No. 3053 of 2017




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                               DATED THIS THE 16TH DAY OF APRIL, 2024
                                                BEFORE

                              THE HON'BLE MR JUSTICE VENKATESH NAIK T

                           MISCELLANEOUS FIRST APPEAL NO. 3053 OF 2017 (MV-I)

                      BETWEEN:

                      SMT. SWARANABMA
                      W/O YOUGESHWARA
                      AGED ABOUT 52 YEARS
                      OCC: TAILORING
                      R/O HOUSE NO. 499
                      ASHRAYA COLONY, HARIHARA ROAD
                      HARAPANAHALLI TOWN
                      DAVANAGERE DISTRICT - 577 022.
                                                                 ...APPELLANT
                      (BY SRI. BALAGANGADHAR G S., ADVOCATE)
                      AND:

                      1.    SRI. BAVIHALLI RAJASAB
                            S/O HUSSAINSAB
                            AGED ABOUT 29 YEARS
                            OCC:BUSINESS AND RIDER CUM
Digitally signed by         OWNER OF BAJAJ DISCOVER MOTER CYCLE
MOUNESHWARAPPA
NAGARATHNA                  BEARING REGISTRATION NO KA- 26/J 7182
Location: HIGH
COURT OF                    R/O HOUSE NO. 23
KARNATAKA
                            5TH WARD, BEHIND VETERINARY HOSPITAL
                            WARADARA STREET, HUVINAHADAGALI TOWN
                            BELLARY DISTRICT - 583 101.

                      2.    THE DIVISIONAL MANAGER
                            UNITED INDIA INSURANCE CO LTD
                            DR. K.G. KULKARNI BUILDING
                            1ST FLOOR, KOPPAL TOWN
                            BY ITS BRANCH, M.M.K COMPLEX
                            AKKA MAHADEVI ROAD
                            DAVANAGERE TOWN - 570 002.
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                                             NC: 2024:KHC:15134
                                         MFA No. 3053 of 2017




      POLICY NO. 241281/31/12/02/00001779
      VALID FROM 25.08.2012 TO 24.08.2013
                                                ...RESPONDENTS
(BY SRI. JAGADISHA S.G, ADV.FOR R1
    SRI. C. SHANKAR REDDY. ADV. FOR R2)

     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 17.11.2015 PASSED IN MVC
NO.63/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MACT-IX, AT HARAPANAHALLI, 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

The appeal is filed by the claimant aggrieved by the

judgment and award dated 17.11.2015 passed in M.V.C.

No.63 of 2013 on the file of the Senior Civil Judge and

Motor Accident Claims Tribunal, Harapanahalli, whereby,

the Tribunal awarded a sum of Rs.1,50,150/- 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.

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3. The claim petition was filed seeking

compensation of Rs.11,88,000/- on account of the injuries

sustained by the claimant in the road traffic accident that

took place on 02-02-2013 at about 7.00 p.m. when the

claimant and her daughter were waiting in Kanahalli

Village Bus stand on Huvinahadagali - Harapanahalli road,

the rider of Bajaj Discovery motor cycle bearing

registration No.KA26/J-7182 came from Harapanahalli side

in a rash and negligent manner and dashed to the

claimant. As a result, the claimant sustained injuries on

her back side of her head and right hand. Thereafter, the

claimant was shifted to Government Hospital,

Harapanahalli for treatment and thereafter, shifted to

S.S.I.M. Hospital, Davanagere, where she was treated as

an in-patient from 03.02.2013 to 18.02.2013 i.e., sixteen

days. She was diagnosed with the injury and was

discharged with an advice for follow up treatment.

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4. The Tribunal considering the evidence on record

at Exs.P.1 to P.13 and the oral evidence of P.Ws. 1 and 2,

granted compensation of Rs.1,50,150/-.

5. The learned counsel for the appellant/claimant

submits that the Tribunal has failed to consider the injuries

sustained by the claimant and the amount that was spent

towards treatment. The claimant sustained injury on her

right temporal region and abbression over left elbow joint,

but the Tribunal has not granted just and reasonable

compensation. Further, the Tribunal has not at all granted

fair compensation under the heads, Loss of future earning,

Pain and suffering, Loss of amenities and discomforts in

life, attendant charges and other incidental charges and

Loss of income during laid-up period. 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 the oral evidence and other

exhibited documents has reasonably granted the

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compensation. He further submitted that no grounds are

made out in seeking enhancement of compensation.

7. As there is no dispute regarding the injuries

sustained by the claimant in a road traffic accident

occurred on 02.03.2013 due to rash and negligent act of

of Bajaj Discovery motor cycle bearing registration No. KA-

26/J-7182, by its rider and the liability of the insurer of

the offending vehicle, the only point that arises for Court

consideration in the appeal is:

"Whether the 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, 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.P6-Wound Certificate, the claimant

sustained the following injuries:

NC: 2024:KHC:15134

1. Abrasion over left elbow joint

2. Injury to right temporal region

As per the opinion of the Doctor, injuries are simple

in nature. The claimant was treated at Government

Hospital, Harapanahalli and thereafter, at S.S.I.M.

Hospital, Davanagere, from 03.02.2013 to 18.02.2013 i.e.,

for a period of sixteen days. The injuries sustained and

treatment taken by the claimant is also supported by the

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 two simple injuries. Considering the

nature of injuries sustained by the claimant on her

temporal region the Tribunal granted compensation of

Rs.40,000/- which is not reasonable. Hence, additional

compensation of Rs.10,000/- is granted under this head.

11. Towards 'loss of future income' is considered,

the Tribunal awarded a sum of Rs.64,800/- considering

the Notional income of Rs.6,000/- per month. The

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accident is of the year 2013 and as per the circular issued

by the Karnataka State Legal Services Authority and the

High Court Legal Services committee, Bengaluru, the

Notional income in the absence of any proof of the income

of claimant to be taken at Rs.8,000/- per month. The

Doctor, P.W.2 has assessed the permanent physical

disability of head at 10%. If the Notional income of

Rs.8000/- is calculated with 10% disability, it works out to

(Rs.8,000 x 10%=880 X 9 X 12)= 86,400/. Therefore, a

sum of Rs.86,400/- is awarded as against Rs.64,800/-

awarded by the Tribunal.

12. The Tribunal awarded Rs.5,000/- towards

'Travelling expenses, Conveyance and attendant charges',

which is not reasonable amount. Therefore, additional

compensation of Rs. 15,000/- is granted under this head

considering the nature of injuries sustained by the

claimant.

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13. The Tribunal awarded a sum of Rs.27,150/-

towards 'medical expenses', which is reasonable amount

and hence, no interference is called for in this regard.

14. The Tribunal has awarded Rs.10,000/- under

the head 'loss of amenities'. Considering the nature of the

injuries and discomfort in life sustained by the claimant,

an additional compensation of Rs. 10,000/- is awarded

under this head.

15. The Tribunal has awarded a sum of Rs.3,200/-

under the head 'loss of income during laid up period',

which is not reasonable. Hence, a sum of Rs.24,000/- is

granted under this head considering the Notional income

at Rs.8,000/- for a period of three months (Rs.8,000 x 3).

16. Thus, the claimant is entitled for the following

compensation:

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HEADS Rs.

Pain and sufferings 50,000.00 Travelling expenses, Conveyance and 20,000.00 attendant charges Medical expenses 27,150.00 Loss of income during laid up period 24,000.00 Loss of future income 86,400.00 Loss of Amenities 20,000.00

TOTAL 2,27,550.00 Less: Compensation awarded by the 1,50,150.00 Tribunal BALANCE 77,400.00

17. Accordingly, the appeal is allowed-in-part.

The judgment and award passed by the Tribunal is

modified to the extent stated herein above. The claimant

is entitled for a total compensation of Rs. 2,27,550/- as

against Rs. 1,50,150/- awarded by the Tribunal with

interest at 6% per annum on the additional compensation

of Rs. 77,400/- from the date of filing of the claim petition

till the date of its realisation.

18. Respondent No.2/Insurance Company is directed

to deposit the additional compensation amount together

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