Karnataka High Court
Basavaraju vs H Ravindra on 3 January, 2024
-1-
NC: 2024:KHC:383
MFA No. 6695 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 6695 OF 2012 (MV)
BETWEEN:
1. BASAVARAJU
S/O LATE DODDAMADASHETTY
AGED ABOUT 30 YEARS
R/AT CHENNAPURADAMOLE
CHAMARAJANAGAR
...APPELLANT
(BY SRI. GEETHA MISHRA., ADVOCATE)
AND:
1. H RAVINDRA
S/O K HONNAPPA
R/AT SIDDARTHANAGARA
MYSORE
CHAMARAJANAGARA CITY
2. NATIONAL INSURANCE COMPANY
Digitally signed
by BHARATHI RAMASWAMY CIRCLE
S MYSORE
Location: HIGH
COURT OF REP BY THE DIVNL MANAGER
KARNATAKA ...RESPONDENTS
(BY SRI.R JAIPRAKASH., ADVOCATE FOR R2
R1 SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 30.03.2011 PASSED IN MVC
NO.134/2010 ON THE FILE OF THE PRESIDING OFFICER, FAST
TRACK COURT, MACT, KOLLEGAL, SITTING AT CHAMARAJANAGAR,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
-2-
NC: 2024:KHC:383
MFA No. 6695 of 2012
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The above appeal is filed by the claimant under Section
173(1) of the Motor Vehicles Act, 1988 challenging the
Judgment and Award dated 30.03.2011 passed in MVC
No.134/2010 by the Presiding Officer, Fast Track Court, MACT.,
Kollegal sitting at Chamarajanagar1, seeking for enhancement
of the compensation awarded.
2. The relevant facts necessary for consideration of
the present appeal are that on 10.02.2010 when the
appellant/claimant2 was returning from Chamarajanagar to his
village in an auto rickshaw, a bus bearing registration No.KA-
55-944 came in a rash and negligent manner and hit the
autorickshaw causing the accident in question as a result of
which the claimant fell down and sustained grievous injuries.
Claiming compensation, for the injuries sustained, the claimant
preferred an claim petition in MVC No.134/2010 before the
Tribunal. Respondent No.2- insurer entered appearance before
Hereinafter referred to as the 'Tribunal'
Hereinafter referred to as the 'claimant
NC: 2024:KHC:383
the Tribunal and contested the said proceedings. The claimant
examined himself as PW.1 and the Doctor has PW.2. Exs.P1 to
P9 were marked in evidence. The Tribunal by its Judgment
and award dated 30.03.2011 allowed the claim petition and
awarded a total compensation of `80,000/- with interest at 6%
p.a. Seeking enhancement of compensation, the present appeal
is filed.
3. Learned counsel for the claimant vehemently
contended that the compensation has not been awarded on
various heads and the Tribunal has not properly appreciated
the injuries sustained by the claimant and the evidence of the
Doctor for the purpose of assessing the compensation and
awarding disability. Hence, she seek for enhancement of
compensation.
4. Per contra, learned counsel for Respondent No.2 -
insurer justifies the compensation awarded by the Tribunal.
5. The contentions putforth by both the learned
counsels have been considered and the material on record have
been perused including the records of the Tribunal. The
question that arise for consideration is 'Whether the quantum
NC: 2024:KHC:383
of compensation awarded by the Tribunal is liable to be
enhanced?'.
6. The essential facts regarding occurrence of the
accident are undisputed. It is forthcoming that wound
certificate (Ex.P4) discloses that the claimant has sustained
fracture of right knee of lateral condyle of the tibia which
injuries are grievous in nature. The claimant has also suffered
various other five simple injuries. It is forthcoming from the
discharge card of the District Hospital, Chamarajanagar
(Ex.P6) that the claimant was admitted on 10.02.2010 and
discharged on 19.02.2010. Hence, the claimant was treated as
an inpatient for 09 days. The Doctor was examined as PW.2
who has stated that the disability is 30% to 35% of the lower
limb. Hence, the disability to the whole body be assessed as
10%. The claimant has stated that he is an Agriculturist and he
is also working in a petrol Pump. However, no documents have
been produced to demonstrate the income. Hence, the income
is required to be reassessed at `5,500/- having regard to the
chart followed for settlement of cases in the Lok Adalath
conducted by the High Court Legal Services Authority. The age
NC: 2024:KHC:383
of the claimant was 29 years at the time of the accident.
Hence, the appropriate multiplier is assessed as '17'.
7. In view of the aforementioned, the compensation
awarded by the Tribunal is re-assessed as under:
7.1 The Tribunal has not awarded any compensation
towards pain and suffering. Considering the nature of injuries
sustained by the claimant, a sum of `15,000/- is awarded
towards the pain and suffering.
7.2 Although no bills have been produced towards
medical expenses, the Tribunal has awarded a sum of
`50,000/-. Considering the nature of injuries and the treatment
that the claimant would be required to undertake a sum of
`5,000/- is assessed towards medical expenses.
7.3 The discharge summary containing out patient
reference as also the inpatient case sheet has been produced
and marked as Ex.P8 series. Having regard to the nature of
injuries, it is proper to assess the laid up period as two months
and accordingly, the compensation for the laid up period is
awarded in a sum of (`5,500/-x2) `11,000/-.
NC: 2024:KHC:383
7.4 Having regard to the injuries sustained and the
treatment undertaken, it is appropriate that a sum of `15,000/-
be awarded towards loss of amenities.
7.5 The Tribunal has awarded `30,000/- towards
disablement and towards loss of future earning capacity.
The compensation towards permanent disability and future loss
of income is re-assessed at `1,12,200/- (`5,500 x 12 x 17 x
10%).
8. Accordingly, the total compensation under various
heads is re-assessed as follows:
Sl.No Compensation Head Amount Amount
Awarded by the awarded by this
Tribunal (`) Court (`)
1 Pain and agony -- 15000.00
2 Medical expenses 50000.00 5000.00
3 Loss of income during -- 11000.00
treatment period
5 Loss of amenities and -- 15000.00
unhappiness
6 Future medical expenses -- --
7 Towards disablement and 30,000 112000.00
towards Loss of future
earning capacity
80,000 158000.00
NC: 2024:KHC:383
9. Accordingly, the Claimant is entitled to
enhanced compensation of (`1,58,000 - `80,000)
`78,000/-.
10. In view of the aforementioned, the following
order is passed:
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 30.3.2011
passed in MVC No.134/2010 on the file of the
Fast Track Court, MACT., Kollegal, Sitting at
Chamarajanagar is hereby modified to the
extent stated herein. In all other respects, the
judgment and award of the Tribunal remains
unaltered;
iii) The appellant/claimant is entitled to enhanced
compensation in a sum of `78,000/- together
with interest at 6% pa., from the date of
petition till its realization in addition to the
compensation awarded by the Tribunal;
iv) The enhanced compensation together with
accrued interest is liable to be deposited by the
NC: 2024:KHC:383
Respondent No.2 - Insurer within six weeks
from the date of receipt of a copy of the
judgment;
v) Upon such deposit, the entire enhanced
compensation together with interest accrued
thereupon shall be disbursed to the claimant.
vi) The Registry to draw the modified award
accordingly.
vii) No costs.
SD/-
JUDGE
BS
