Karnataka High Court
Smt Radha vs Sri Raghavendra Bhat on 5 February, 2024
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NC: 2024:KHC:4938
MFA No. 6080 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 6080 OF 2016 (MV-I)
BETWEEN:
SMT RADHA
W/O ANANDA MARAKALA
AGED ABOUT 56 YEARS
R/O SRI RAGHAVENDRA NILAYA,
5 CENTS, PADUKERE,
KOTATHATTU VILLAGE
UDUPI TALUK AND DISTRICT 576101
...APPELLANT
(BY SRI. NAGARAJA HEGDE., ADVOCATE)
AND:
1. SRI RAGHAVENDRA BHAT
S/O SUBRAMANYA BHAT
AGE: MAJOR
Digitally R/O BHARATHI MOTORS
signed by NEAR MAHALINGESHWARA
BHARATHI S
Location:
TEMPLE BANNANJE
HIGH COURT UDUPI TALUK & DISTRICT 576101
OF
KARNATAKA
2. THE RELIANCE GENERAL INSURANCE CO LTD
MUMBAI, ITS BRANCH
OFFICE AT 4TH FLOOR,
LIGHT HOUSE, HILL ROAD,
HAMPANAKATTA,
MANGALORE 576101
REPRESENTED BY ITS BRANCH MANAGER
...RESPONDENTS
(BY SRI.B PRADEEP., ADVOCATE FOR R2
R1 SERVED AND UNREPRESENTED)
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NC: 2024:KHC:4938
MFA No. 6080 of 2016
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 21.05.2016 PASSED IN MVC
NO.774/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, MEMBER,
ADDITIONAL MACT, KUNDAPURA, (ON CONCURRENT CHARGE),
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The above appeal is filed by the claimant challenging
the judgment and award dated 21.5.2016 passed in MVC
No.774/2013 by the Additional District Judge and Additional
Motor Vehicle Accident Claims Tribuna, Kundapura1, seeking
for enhancement of the compensation awarded.
2. For the sake of convenience, the parties herein
are referred as per their rank before the Tribunal.
3. The relevant facts necessary for consideration of
the present appeal are that the claimant, claiming
compensation for the injuries sustained in a road traffic
accident dated 27.3.2013 filed a claim petition arraying the
owner and insurer of the insured vehicle as respondents.
The claimant examined herself as PW.1. Exs.P1 to P15 were
marked in evidence. No oral or documentary evidence has
Hereinafter referred to as the 'Tribunal'
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been adduced by the respondents. The Tribunal by its
judgment and award dated 21.5.2016 has awarded a total
compensation of `3,54,120/- together with interest at 6%
pa., and directed the respondents jointly and severally to
pay the compensation awarded. The claimant has filed the
above appeal seeking for enhancement of compensation.
4. The finding of the Tribunal on negligence and
liability is not under challenge. Hence, the only question that
is required to be considered is whether the compensation
awarded by the Tribunal is required to be enhanced.
5. It is forthcoming that the claimant is aged 53
years as on the date of the accident. Hence, the appropriate
multiplier to be applied is 11.
6. The claimant has averred that she was fish
vendor. However, no documents have been produced to
prove the income. The Tribunal has assessed the income at
`7,000/- pm. Having regard to the fact that the claimant
has not produced any document to prove the income, it is
just and proper that the income of the claimant be assessed
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as notional income as per the chart followed for settlement
of claims in the Lok Adalath conducted by the Legal Services
Authority and having regard to the date of accident i.e.,
27.3.2013, the income is reassessed as `8,000/- pm.
7. The wound certificate (Ex.P3) discloses that the
claimant has sustained fracture of the right clavicle, fracture
of 4th, 5th and 6th ribs, closed head injury, fracture of the left
zygomatic and other injuries. It is forthcoming from Ex.P6,
Ex.P7 and Ex.P8, which are the discharge reports of various
hospitals that the claimant was treated as an inpatient for a
total period of 60 days. However, the claimant has not
examined any doctor.
8. In view of the aforementioned, the compensation
is reassessed as follows:
8.1 The Tribunal has awarded a sum of `80,000/-
towards pain and suffering, `20,000/- towards future medical
expenses, which are just and proper.
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8.2 The Tribunal has noticed that the medical bills
produced amounts to a sum of `1,07,116/-. Hence, it is just
and proper to reassess the same at `1,10,000/-.
8.3 The Tribunal has awarded a sum of `15,000/-
towards food and nourishment and `12,000/- towards
conveyances and `10,000/- towards attendant charges and
awarded the same along with medical expenses. The
Tribunal has noticed that the claimant had to engage a
private vehicle while taking treatment. In view of the same,
it is just and proper that the compensation towards, food and
nourishment, conveyance and attendant charges be
reassessed as `50,000/-.
8.4 The Tribunal has taken the laid up period as 10
months and awarded loss of income at `70,000/-. The same
is reassessed as (`8,000/-x10) `80,000/-.
8.5 The Tribunal has awarded a sum of `40,000/-
towards loss of amenities. Having regard to the nature of
injuries sustained and the period of treatment, the same is
reassessed as `50,000/-.
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9. Accordingly, the total compensation under various
heads is reassessed as follows:
Sl. Heads Amount awarded Amount
No. by the Tribunal awarded by this
(`) Court (`)
1. Pain and suffering 80000.00 80000.00
2. Medicine expenses 107120.00 110000.00
3 Food and nourishment, 37000.00 50000.00
Attendant and
conveyance charges
4 Loss of income during laid 70000.00 80000.00
up period
5 Loss of amenities 40000.00 50000.00
6 Future medical expenses 20000.00 20000.00
Total 354120.00 390000.00
10. Hence, the claimant is entitled for enhanced
compensation of (`390000- `354120) `35880/-, which is
rounded off to `36,000/- together with interest at 6% p.a.
11. In view of the aforementioned, the following:
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 21.5.2016 passed
in MVC No.774/2013 on the file of the Additional
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District Judge and Additional Motor Vehicle
Accident Claims Tribuna, Kundapura. In all other
respects, the judgment and award of the Tribunal
remains unaltered;
iii) The claimant is entitled to enhanced
compensation `36000/- with interest at 6% per
annum from the date of petition till its realization
in addition to the compensation awarded by the
Tribunal;
iv) Respondent No.2 - Insurance Company is
directed to deposit the said compensation
together with accrued interest within a period of
eight weeks from the date of receipt of a copy of
this judgment;
v) After deposit, the entire enhanced compensation
with accrued interest shall be disbursed to the
claimant;
vi) The Registry to draw the modified award
accordingly.
No costs.
Sd/-
JUDGE
ND
