Mallikarjunaiah @ Mallikarjun vs Ningaraju. P
2024 Latest Caselaw 3669 Kant

Karnataka High Court

Mallikarjunaiah @ Mallikarjun vs Ningaraju. P on 7 February, 2024

Author: Pradeep Singh Yerur

Bench: Pradeep Singh Yerur

                                                  -1-
                                                              NC: 2024:KHC:5179
                                                            MFA NO.600 OF 2022



                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 07TH DAY OF FEBRUARY, 2024

                                                BEFORE
                           THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
                      MISCELLANEOUS FIRST APPEAL NO.600 OF 2022 (MV-I)
                      BETWEEN:

                      MALLIKARJUNAIAH @ MALLIKARJUN
                      S/O RANGAPPA,
                      AGED ABOUT 47 YEARS,
                      R/AT MELANAHALLY VILLAGE,
                      GANDALU POST, HULIYR HOBLI,
                      C.N. HALLI TALUK,
                      NOW RESIDING AT
                      1ST CROSS, SIRA GATE,
                      TUMAKURU - 572 106.
                                                                   ...APPELLANT
                      (BY SRI. SHANTHARAJ K., ADVOCATE)

                      AND:

                      1.    NINGARAJU. P
                            S/O PRAHALADAPPA R.
                            AGED ABOUT 47 YEARS,
Digitally signed by
                            R/AT CHIKKABYALADAKERE,
ARUN KUMAR M S              HOSADURGA TALUK - 577 527.
Location: High
Court of Karnataka
                      2.    RELIANCE GENERAL
                            INSURANCE CO. LTD.
                            BY ITS MANAGER, 5TH FLOOR,
                            EAST WING, NO.28,
                            CENTENARY BUILDING,
                            M.G. ROAD,
                            BENGALURU - 560 001.
                                                                ...RESPONDENTS
                      (BY SRI. LAKSHMINARAYAN C., ADVOCATE FOR R2;
                      V/O DATED 29.08.2023NOTICE TO R1 IS DISPENSED WITH)
                               -2-
                                             NC: 2024:KHC:5179
                                         MFA NO.600 OF 2022



     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLE ACT, AGAINST THE
JUDGMENT AND AWARD DATED 20TH JANUARY, 2020 PASSED
IN M.V.C. NO.476 OF 2019    ON THE FILE OF THE VI
ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU,
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

This appeal is preferred by the appellant-claimant

challenging the judgment and award dated 20th January,

2020 passed in M.V.C.No.476 of 2019 by the VI Additional

District and Sessions Judge, Tumakuru (for short,

hereinafter referred to as 'Trial Court') on the ground that

the compensation awarded by the Trial Court is inadequate

and meager.

2. Parties to the appeal shall be referred to as per

their status and ranking before the Trial Court.

3. Brief facts of the case is as under:

On 09th February, 2019, the claimant was a pillion

rider of the Motorcycle and was proceeding at N.H.-48,

near country club cross, the rider of the said Motorcycle

without observing that the spare parts of the vehicle lying

NC: 2024:KHC:5179 MFA NO.600 OF 2022

on the road lost the control over the vehicle which

overturned on the road. Due to which, the claimant fell

down and sustained injuries. Thereafter, the claimant was

shifted to Hemavathi Orthopedic and Trauma Center,

Tumakuru, wherein he took treatment as an in-patient for

five days and incurred financial expenditure. Due to

occurrence of the accident, the claimant became

permanently disabled and unable to do his activities as he

was prior to the occurrence of the accident. Hence, the

claimant filed claim petition seeking compensation.

3.2. On service of notice, respondent No.1 did not

appear before the Trial Court and he was placed ex parte.

Respondent No.2-Insurance Company had appeared

through their counsel and filed written statement denying

the averments made in the claim petition in toto including

the age, avocation, income and the negligence attributed

to the rider of the Motorcycle and sought for dismissal of

the claim petition.

NC: 2024:KHC:5179 MFA NO.600 OF 2022

3.3. On the basis of material placed on record by

the claimant, the Trial Court awarded compensation of

Rs.3,80,000/- with interest at the rate of 6% per annum

from the date of petition till date of deposit and directed

the respondent No.2-Insurace Company to deposit the

compensation amount with interest.

4. Heard Sri. Shantharaj K., learned counsel

appearing for the appellant-claimant and Sri.

Lakshminaryan C., learned counsel appearing for

respondent No.2-Insurance Company.

5. Perused the impugned judgment and award.

Exhibits P1 to P6 are the Police records, which depicts the

filing of F.I.R. and Charge-sheet against the rider of the

Motor Cycle. Exhibits P7 to P18 are the Medical records of

the claimant to show the financial expenditure incurred on

the treatment taken by the claimant due to injuries

sustained in the accident. On perusal of the Police

records, the Trial Court has rightly observed the

negligence on behalf of the rider of the Motorcycle.

NC: 2024:KHC:5179 MFA NO.600 OF 2022

6. Now coming to the aspect of age, avocation and

income of the claimant as on the date of occurrence of

accident, the claimant was aged about forty five years and

the Trial Court has rightly applied the multiplier at '14',

which does not call for interference.

7. The income taken by the Trial Court is Rs.9,000/-

per month as notional income. However, the notional

income chart of the Legal Services Authority prescribes the

income of Rs.14,000/- for the accident of the year 2019.

Accordingly, income is taken as Rs.14,000/-. The claimant

has got examined the Doctor as PW-2 and the Doctor has

opined the disability to an extent of 39% to the particular

limb and 13% to the whole body. The Trial Court accepted

the expert opinion expressed by the Doctor and considered

the disability at 13%. Accordingly, the same is retained.

Therefore, loss of future income due to permanent

disability would be Rs.3,05,760/- (Rs.14,000 x 12 x 14 x

13%) as against 1,96,560/- awarded by the Trial Court.

NC: 2024:KHC:5179 MFA NO.600 OF 2022

8. Towards pain and suffering, the Trial Court

awarded Rs.30,000/-. Therefore, this Court deems it

appropriate to award additional amount of Rs.20,000/-. In

all, the claimant would be entitled to Rs.50,000/- under

this head.

9. In respect of Attendant charges; conveyance, food

& nourishment etc., the Trial Court awarded Rs.30,000/-

and same is retained.

10. Towards Loss of amenities, the Trial Court

awarded Rs.25,000/- and this Court deems it appropriate

to award additional amount of Rs.15,000/ and hence, in

all, the claimant would be entitled to Rs.40,000/- under

this head.

11. Insofar as of earnings during laid up period is

concerned, the Trial Court awarded Rs.20,000/- by

calculating the income at Rs.9,000/- p.m. In view of

enhancement of income by this Court from Rs.9,000/- to

14,000/-, the claimant would be entitled to Rs.42,000/-

(Rs.14,000/- x 3) under this head.

NC: 2024:KHC:5179 MFA NO.600 OF 2022

12. The Trial Court awarded Rs.58,841/- towards

Medical expenses on the basis of actual bills produced by

the claimant. Hence, same is retained.

13. In respect of future Medical expenses, PW-2-

Doctor has stated that the claimant requires one more

surgery for removal of implants and the approximate cost

of the said surgery is Rs.50,000/-. The Trial Court

awarded Rs.20,000/-. Therefore, it is appropriate to

award additional amount of Rs.10,000/-. Accordingly, the

claimant would be entitled to Rs.30,000/- under this head.

14. In view of the above discussion, the claimant

would be entitled to a total compensation of

Rs.5,56,601/- as against Rs.3,80,000/- as mentioned in

the table below:

                Head                            Amount (Rs.)
  Loss of future income due to                      3,05,760-00
  permanent disability
  (Rs.14,000/- x 12 x 14 x 13%)
  Pain and suffering                                 50,000-00
  Attendant charges                                  20,000-00
  Conveyance, food &                                 10,000-00
  nourishment etc.

                                             NC: 2024:KHC:5179
                                        MFA NO.600 OF 2022



  Loss of future amenities                        40,000-00
  Loss of earnings during laid up                 42,000-00
  period

  Medical expenses                                58,841-00
  Future Medical expenses                         30,000-00
              TOTAL                             5,56,601-00

15. Accordingly, I pass the following:

ORDER

1) Appeal is allowed-in-part;

2) The judgment and award dated 20th January, 2020 passed by the VI Additional District and Sessions Judge, Tumakuru in M.V.C.No.476 of 2019 is modified;

3) The claimant would be entitled to a total compensation of Rs.5,56,601/- as against Rs.3,80,000/- with interest at 6% per annum;

4) The enhanced compensation amount shall be released in favour of claimant, upon proper verification within a period of four weeks from the date of receipt of this order.

SD/-

JUDGE ARK