Karnataka High Court
Kullavirayya vs Santhosh Kumar K on 15 February, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:6877
MFA No. 1420 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.1420 OF 2018(MV-I)
BETWEEN:
KULLAVIRAYYA,
S/O. MADAPPA,
AGED ABOUT 65 YEARS,
R/O. NO. 12, KUMBALAGODU,
BENGALURU-SOUTH,
BENGALURU - 560 074.
...APPELLANT
(BY SRI. S.B. HALLI, ADVOCATE)
AND:
1. SANTHOSH KUMAR K.,
S/O. NAGARAJU K,,
R/O. NO. 34,
Digitally signed by JAI
VANCHARAGUPPE VILLAGE,
JYOTHI J
Location: HIGH
CHANNAPATNA TALUK,
COURT OF
KARNATAKA RAMANAGARA DISTRICT - 571 511.
2. THE GENERAL MANAGER,
RELIANCE GENERAL INSURANCE,
NO. 28, 5TH FLOOR,
EAST WING CENTENARY BUILDING,
M.G. ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. B. PRADEEP, ADVOCATE FOR R2;
VIDE ORDER DATED 17.11.2023, NOTICE TO R1 IS
DISPENSED WITH)
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NC: 2024:KHC:6877
MFA No. 1420 of 2018
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:12.12.2017 PASSED IN MVC
NO.3820/2016 ON THE FILE OF THE XIX ADDITIONAL SMALL
CAUSES JUDGE, MACT, BANGALORE, (SCCH-17), 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
This appeal is filed by the claimant challenging the
judgment and award dated 12.12.2017, passed by the
Motor Accident Claims Tribunal, Bengaluru (SCCH-17), in
MVC No.3820/2016, seeking enhancement of
compensation awarded by the Tribunal.
2. The factum of accident, injuries sustained by the
claimant and coverage of insurance are not in dispute.
3. Heard the arguments of both sides and perused
the records.
4. In the present case, the Tribunal has awarded
compensation as under:
NC: 2024:KHC:6877
1 Towards pain and suffering Rs.50,000/-
2 Towards attendant charges, extra Rs.15,000/-
food and conveyance expenses
3 Towards medical expenses Rs.1,050/-
4 Towards loss of income during Rs.21,000/-
laid up period
5 Towards loss of income due to Rs.33,600/-
permanent disability
6. Towards loss of future amenities Rs.20,000/-
and happiness
7. Towards future medical expenses Rs.10,000/-
Total Rs.1,50,650/-
5. In the present case, from the medical evidence on
record, it is proved that the claimant had suffered type II
open spiral tibia and fracture with segmental left fibula
fracture.
6. The Tribunal while determining the compensation
has not adopted the correct parameters. Hence, claimant
is entitled for compensation.
7. Considering the nature of injuries sustained by
the claimant, the compensation of Rs.50,000/- awarded by
the Tribunal under the head 'Pain and sufferings' is on the
lesser side. Hence, the same is enhanced to Rs.60,000/-.
NC: 2024:KHC:6877
8. The compensation awarded under the head
'Medical Expenses' is as per the medical bills produced by
the claimant and the same is kept intact.
9. The Tribunal has awarded a lesser sum of
Rs.15,000/- under the head 'Attendant charges, food,
nourishment and conveyance'. The same is enhanced to
Rs.20,000/-.
10. The Doctor has assessed the whole body
disability suffered by the claimant at 15% but the Tribunal
has taken only 8% disability towards whole body.
Considering the nature of injuries as discussed above and
the claimant was working as a Security Guard, it is just
and proper to consider 11% disability towards whole body.
The accident is of the year 2016. The notional income of
the claimant is to be taken at Rs.9,500/- per month as
recognized by the Karnataka State Legal Services
Authorities. The claimant was aged about 63 years. The
appropriate multiplier applicable is '7'. Therefore, 'loss of
NC: 2024:KHC:6877
earning capacity due to disability' is re-assessed and
quantified as Rs.87,780/- (Rs.9,500 x 11% x 7 x 12).
11. The Tribunal has awarded a lesser sum of
Rs.21,000/- under the head 'Loss of income during laid up
period and rest period'. Considering the nature of injuries
and fracture sustained by the claimant, the same is
enhanced to Rs.47,500/- (Rs.9,500/- x 5 months).
12. The Tribunal has awarded a lesser sum of
Rs.20,000/- under the head 'Loss of amenities'. The same
is enhanced to Rs.35,000/-.
13. The Tribunal has awarded a lesser sum of
Rs.10,000/- under the head 'Future medical expenses'.
The same is enhanced to Rs.15,000/-.
14. Thus, in all, the appellant/claimant is entitled for
total compensation under various heads as follows:
1 Towards pain and
suffering Rs. 50,000/- 60,000/-
2 Towards attendant
charges, food,
nourishment and Rs. 15,000/- 20,000/-
NC: 2024:KHC:6877
conveyance
3 Medical expenses Rs. 1,050/- 1,050/-
4 Loss of income during
laid up period Rs. 21,000/- 47,500/-
5 Loss of income due to
permanent disability Rs. 33,600/- 87,780/-
6 Loss of future
amenities and
happiness Rs. 20,000/- 35,000/-
7 Towards future medical
expenses Rs. 10,000/- 15,000/-
TOTAL Rs. 1,50,650/- 2,66,330/-
15. The Tribunal has awarded compensation of
Rs.1,50,650/-, but the appellant/claimant is entitled for
total compensation of Rs.2,66,330/-. Hence, the
appellant/claimant is entitled to enhanced compensation of
Rs.1,15,680/- (Rs.2,66,330/- - Rs.1,50,650/-), along
with interest at the rate of 6% per annum from the date of
petition till the date of realization, in addition to what has
been awarded by the Tribunal.
16. Accordingly, I proceed to pass the following:
ORDER
i. The appeal is allowed-in-part.
NC: 2024:KHC:6877
ii. The judgment and award passed by the Tribunal in
MVC No.3820/2016 dated 12.12.2017 by the Motor
Accident Claims Tribunal, Bengaluru (SCCH-17), is
hereby modified holding that the claimant is entitled
for enhanced compensation of Rs.1,15,680/- along
with interest @ 6% p.a., from the date of petition till
its realization, in addition to what has been awarded
by the Tribunal.
iii. Registry is directed to return the Trial Court Records
to the Tribunal, along with certified copy of the order
passed by this Court forthwith without any delay.
iv. Ordered accordingly.
v. The other observations and findings of the Tribunal
are kept in tact.
Sd/-
JUDGE
MH/-
CT:SNN
