Karnataka High Court
Sri H N Sathyanarayana Prasad vs Sri Harshavardhana M R on 5 April, 2024
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MFA No. 4856 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO.4856 OF 2018 (MV-I)
BETWEEN:
SRI H. N. SATHYANARAYANA PRASAD
S/O NARAYANA PRASAD
AGED ABOUT 55 YEARS
RESIDING AT NO.12/1, HAROHALLI
KOLAR TOWN - 563 133.
...APPELLANT
(BY SRI VASANTHAPPA, ADVOCATE)
AND:
1. SRI HARSHAVARDHANA M. R.
S/O LATE V. RANGAPPA
RESIDING AT MARKANDAPURA VILLAGE
VOKKALERI POST
KOLAR TALUK AND DISTRICT-563 133.
2. UNITED INDIA INSURANCE COMPANY LTD.
ISSUING OFFICE NO.487/1, C.M.H. ROAD
INDIRANAGARA
Digitally signed by BENGALURU-560 038.
MOUNESHWARAPPA
NAGARATHNA ...RESPONDENTS
Location: HIGH
COURT OF
KARNATAKA (BY SRI B. C. SEETHARAMA RAO, ADVOCATE, FOR R-2, &
R-1 IS SERVED AND UNREPRESENTED)
***
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE M.V. ACT AGAINST THE JUDGMENT AND
AWARD DATED 22-12-2017 PASSED IN M.V.C. NO.408 OF 2015 ON
THE FILE OF THE II MACT AND II ADDITIONAL SENIOR CIVIL JUDGE,
KOLAR.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
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NC: 2024:KHC:14177
MFA No. 4856 of 2018
JUDGMENT
This appeal is filed by the claimant aggrieved by the
judgment and award dated 22-12-2017 passed in M.V.C.
No.408 of 2015 on the file of the Motor Accident Claims
Tribunal and II Additional Senior Civil Judge, Kolar,
whereby, the Tribunal awarded a sum of Rs.5,06,276/- 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.20 lakh on account of the injuries
sustained by the claimant in the accident that took place
on 14-8-2015. It is the case of the claimant that after the
accident, he was shifted to R.L. Jalappa Hospital, Kolar,
and after taking first aid treatment, he was referred to
Axon Specialty Hospital, Bengaluru, where X-rays were
taken, the Doctors noticed fracture of right femur, fracture
of condyles of right tibia, fracture of right acetabulum,
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multiple lacerations and grievous injuries all over the
body. He has undergone surgery in the hospital and he
was discharged with an advice for follow up treatment.
4. The Tribunal considering the evidence on record at
Exs.P1 to P.16 and considering the oral evidence of PWs.1
and 2, awarded compensation of Rs.5,06,276/-.
5. Learned counsel for the appellant/claimant
submits that the Tribunal has failed to consider the injuries
sustained by the claimant and the amount that were spent
towards treatment. Injury Nos.1 and 5 are simple in
nature and injuries Nos.2 to 4 are grievous in nature and
the Tribunal has failed to grant reasonable amount for the
said injuries. 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.
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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 injuries sustained
by the claimant in a road traffic accident occurred on
14-8-2015 due to rash and negligent driving of Indica car,
bearing registration No.KA-07/A-3002, by its driver and
liability of the insurer of the offending vehicle, the 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
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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.P7-Wound Certificate, the claimant
sustained the following injuries:
1. Multiple abrasion over the face.
2. Fracture of right Femur.
3. Fracture of condyles of right Tibia.
4. Fracture of right acetabulum.
5. Multiple laceration over face.
As per opinion of the Doctor, injury Nos.1 and 5 are
simple in nature and injury Nos.2, 3 and 4 are grievous in
nature. The claimant was treated at R.L. Jalappa Hospital,
Kolar, initially and later, he was shifted to Axon Specialty
Hospital, Bengaluru, wherein he was treated as in-patient
from 14-8-2015 to 20-8-2015 i.e. for a period of six 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.
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10. In this case, the Tribunal has observed that the
claimant sustained in all five injuries, viz., injury Nos.2, 3
and 4 are grievous in nature and injury Nos.1 and 5 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
and towards simple injuries, he is entitled for amount of
Rs.5,000/-. Therefore, the claimant is entitled for
Rs.65,000/- under the head 'pain and sufferings' as
against Rs.30,000/- awarded by the Tribunal.
11. Towards 'incidental expenses', the Tribunal has
awarded Rs.3,600/-, which is not a reasonable amount.
Therefore, additional amount of Rs.2,400/- is granted
under the said head.
12. The Tribunal awarded a sum of Rs.3,63,556/-
towards medical expenses, which is reasonable amount
and no interference in that regard is called for by this
Court.
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13. Towards 'loss of income during laid up period',
the Tribunal has awarded Rs.12,000/- (Rs.6,000 X 2
months). The nature of injuries suggest that he must have
been under rest and treatment for a period of three
months and therefore, a sum of Rs.27,000/- (Rs.9,000 x
3) is awarded under the said head as against Rs.12,000/-
awarded by the Tribunal by taking notional income at the
rate of Rs.9,000/- per month. Therefore, additional
amount of Rs.15,000/- is granted under the said head.
14. Towards 'loss of future income', the Tribunal
awarded a sum of Rs.87,120/- (Rs.6,000 X 11 X 12 X
11/100). If the income of the claimant is considered at
Rs.9,000/- per month, then it has to be calculated as
Rs.9,000 X 11 X 12 X 12/100. Therefore, it works out to
Rs.1,42,560/- as against Rs.87,120/- awarded by the
Tribunal.
15. The Tribunal awarded a sum of Rs.10,000/-
towards removal of implants which is not reasonable one.
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Hence, additional amount of Rs.5,000/- is awarded under
the said head.
16. The Tribunal has failed to award any
compensation under the head 'loss of amenities'. Hence,
considering the disability stated by the Doctor and amount
of discomfort and unhappiness, the claimant has to
undergo in his future life, a sum of Rs.25,000/- is awarded
under the said head.
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'.
18. Thus, the claimant is entitled for the following
compensation:
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HEADS Rs.
Pain and sufferings 65,000.00
Incidental expenses 6,000.00
Medical expenses 3,63,556.00
Loss of income during laid up period 27,000.00
Loss of future income 1,42,560.00
Removal of implants 15,000.00
Loss of Amenities 25,000.00
Legal expenses 10,000.00
TOTAL 6,54,116.00
Less: Compensation awarded by the
5,06,276.00
Tribunal
ENHANCED COMPENSATION 1,47,840.00
19. 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.6,54,116/- as against
Rs.5,06,276/- awarded by the Tribunal with interest at 6%
per annum on the additional compensation of
Rs.1,47,840/- from the date of filing of the claim petition
till the date of its realisation.
20. Respondent No.2/Insurance Company is directed
to deposit the additional compensation amount together
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with interest within a period of four weeks from the date of
receipt of a copy of this judgment.
21. Out of the additional compensation, 50% of the
enhanced amount with proportionate interest is ordered to
be invested in fixed deposit in the name of the claimant in
any Nationalised Bank/Scheduled Bank/Post Office for a
period of three years renewable from time to time and
with a right of option to withdraw interest periodically.
Remaining amount with proportionate interest is ordered
to be released in favour of the claimant immediately after
the deposit.
No order as to costs.
Sd/-
JUDGE
KVK
