Karnataka High Court
Shashikumar L S vs R Muralikumar on 8 August, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
-1-
NC: 2024:KHC:31772
MFA No. 3905 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 3905 OF 2019 (MV)
BETWEEN:
SHASHIKUMAR L S
S/O SHIVAPPA
AGED ABOUT 29 YEARS
WORKING AS ELECTRICIAN AT
JOHNSON LIFTS PVT LTD.,
R/O JODILINGADAHALLI VILLAGE
KADUR TALUK-577 548
...APPELLANT
(BY SRI. C SADASHIVA.,ADVOCATE)
AND:
1. R MURALIKUMAR
S/O RAMASWAMY
AGED ABOUT 40 YEARS
PLEGINAMMA STREET
Digitally signed by
HEMALATHA A VIJAYAPURA-586101
Location: HIGH CHIKKAMAGALURU
COURT OF
KARNATAKA PRESENTLY RESIDENT OF
C/O KALLEGOWDA, GOWRIKALUVE
NEAR GOOD MORNING SHOP
CHIKKAMAGALURU-577 117.
2. THE MANAGER
NEW INDIA ASSURANCE CO LTD.
SULTANAS K T STREET
CHIKKAMAGALURU-577 117
...RESPONDENTS
(BY SRI.V.RAJASHEKHAR REDDY., ADVOCATE FOR R2:
NOTICE TO R1 IS SERVED AND UNREPRESENTED)
-2-
NC: 2024:KHC:31772
MFA No. 3905 of 2019
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:01.09.2018
PASSED IN MVC NO.330/2017 ON THE FILE OF THE 1ST
ADDITIONAL SENIOR CIVIL JUDGE, AMACT,
CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL JUDGMENT
1. This appeal under Section 173(1) of Motor Vehicles
Act, 1988 (hereinafter referred to as 'the Act') has been
filed by the claimant being aggrieved by the judgment
dated 01.09.2018 passed by the I Additional Senior Civil
Judge and AMACT, Chikkamagaluru (hereinafter referred
to as 'the Tribunal') in MVC No.330/2017.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 14.02.2017 at about 12.30 p.m., when
the claimant was proceeding on motorcycle bearing
registration No.KA-18/EE-6795 from Sakrepatna to
Jodilingadahalli in front of Selection Tailors on NH 173
road, Kadur Taluk, at that time, a car bearing registration
NC: 2024:KHC:31772
No.KA-03/MD-6175 being driven by its driver at a high
speed and in a rash and negligent manner, dashed to the
vehicle of the claimant. As a result of the aforesaid
accident, the claimant sustained grievous injuries and was
hospitalized.
3. The claimant filed a petition under Section 166 of the
Act, seeking compensation. It was pleaded that he spent
significant amount towards medical expenses, conveyance
charges and other related costs. It was further pleaded
that the accident occurred solely on account of rash and
negligent driving of the offending vehicle by its driver.
4. Upon service of notice, the respondent Nos.1 and 2
appeared through counsel and filed written statements
denying the averments made in the claim petition.
5. On the basis of the pleadings of the parties, the Claims
Tribunal framed the issues and thereafter, recorded the
evidence. The claimant, in order to prove the case,
examined himself as PW-1 and Dr.Mahabalesh Shetty as
NC: 2024:KHC:31772
CW1, and got exhibited documents namely Ex.P1 to
Ex.P51 and C1 to C4. On behalf of the respondents, no
witness was examined but got exhibited documents
namely Ex.R1 to Ex.R3. The Claims Tribunal, by the
impugned judgment, inter alia, held that the accident took
place on account of rash and negligent driving of the
offending vehicle by its driver, as a result of which, the
claimant sustained injuries. The Tribunal further held that
the claimant is entitled to a compensation of Rs.3,83,660/-
along with interest at the rate of 6% p.a. and directed the
Insurance Company to deposit the compensation amount
along with interest. Being aggrieved, the present appeal
has been filed.
6. The learned counsel for the claimant submits that due
to the accident, the claimant has sustained grievous
injuries. He was treated as inpatient for a period of two
months. Even after discharge from the hospital, he was
not in a position to discharge his regular work. He has
suffered lot of pain during treatment. Considering the
NC: 2024:KHC:31772
same, the compensation awarded by the Tribunal under
the heads of 'loss of future income', 'loss of amenities',
'pain and sufferings' and other incidental expenses are on
the lower side. Hence, he sought to allow the appeal.
7. On the other hand, the learned counsel for the
Insurance Company submits that considering the injuries
sustained by the claimant and considering the age and
avocation of the claimant, the compensation awarded by
the Tribunal under the heads of 'loss of future income',
'loss of amenities', 'pain and sufferings' and other
incidental expenses are just and reasonable and it does
not warrant interference. Hence to sought to dismiss the
appeal.
8. Heard the learned counsel for the parties and perused
the judgment and award of the Tribunal.
9. It is not in dispute that the claimant has sustained
injuries in the road traffic accident occurred on 14.02.2017
NC: 2024:KHC:31772
due to rash and negligent driving of the offending vehicle
by its driver.
10. As per wound certificate, the claimant has sustained
left distal third tibia and fibula fracture and grievous
injuries to left elbow and other injuries. Taking into
consideration the deposition of the doctor and injuries
mentioned in the wound certificate, the Tribunal has
rightly awarded.
11. The nature of injuries indicates that the claimant must
have been under rest and treatment for a period of three
months. Consequently, the claimant is entitled to
compensation of Rs.44,100/- (Rs.14,700*3 months) under
the head 'loss of income during laid up period'.
12. The claimant was hospitalized as an inpatient for
more than two months in the hospital and subsequently
received further treatment. Due to the accident, the
claimant has suffered grievous injuries and also undergone
surgery. Considering the prolonged pain during treatment
NC: 2024:KHC:31772
as well as the permanent disability certified by the doctor,
I am inclined to enhance the compensation awarded by
the Tribunal under the head of 'pain and sufferings' from
Rs.33,000/- to Rs.55,000/- and under the head of 'loss of
amenities' from Rs.20,000/- to Rs.50,000/-.
13. Considering the nature of injuries, the compensation
awarded by the Tribunal under other heads is just and
reasonable.
14. Thus, the claimant is entitled to the following
compensation:
As awarded As awarded
by the by this Court
Compensation under
Tribunal
different Heads (Rs.)
(Rs.)
Pain and sufferings 33,000 55,000
Medical expenses 58,544 58,544
Food, nourishment, 5,000 5,000
conveyance and attendant
charges
Loss of income during laid 29,400 44,100
up period
Loss of amenities 20,000 50,000
NC: 2024:KHC:31772
Loss of future income 1,99,716 1,99,716
Future medical expenses 38,000 38,000
Total 3,83,660 4,50,360
15. In the result, the following order is passed:
ORDER
a) The appeal is allowed in part.
b) The judgment of the Claims Tribunal is modified.
c) The claimant is entitled to a total compensation of
Rs.4,50,360/- as against Rs.3,83,600/- awarded by
the Tribunal.
d) The Insurance Company is directed to deposit the
compensation amount along with interest
@ 6% p.a. from the date of filing of the claim
petition till the date of realization, within a period of
six weeks from the date of receipt of a copy of this
judgment.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
CM
