Karnataka High Court
M Manikya vs K V Sathisha on 4 January, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:490
MFA No. 2565 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 2565 OF 2019 (MV-I)
BETWEEN:
M. MANIKYA,
S/O MARIYAPPA,
AGED ABOUT 48 YEARS,
R/O MARIYAPPA COMPOUND,
BEHIND URDU SCHOOL,
N.T.ROAD,
SHIVAMOGGA - 577 201.
...APPELLANT
(BY SRI. CHINNAY KULKARNI, ADVOCATE FOR
SRI.R. GOPAL., ADVOCATE)
AND:
1. K. V. SATHISHA,
S/O VENKATAPPA GOWDA,
Digitally signed by
RAMYA D R/O KOMMANAL HOSUR,
Location: HIGH COURT
OF KARNATAKA BHADRAVATHI TALUK,
SHIMOGA DISTRICT - 577 201.
(OWNER OF BUS REG NO.KA-14-A-2303).
2. DEVARAJA,
S/O THIMME GOWDA,
AGED ABOUT 31 YEARS,
KOMMANAL HOSUR,
BHADRAVATHI TALUK,
SHIMOGA DISTRICT - 577 201.
(DRIVER OF BUS BEARING REG. NO.KA-14-A-2303).
-2-
NC: 2024:KHC:490
MFA No. 2565 of 2019
3. SRIRAM GENERAL INSURANCE COMPANY LIMITED,
NO.5, II FLOOR, MONARCH CHAMBERS,
INFANTRY ROAD,
BANGALORE - 560 001.
REPRESENTED BY ITS MANAGER
(POLICY NO.10003/31/10/263927
VALID FROM 20/01/2010 TO 19/01/2011).
...RESPONDENTS
(BY SRI.B.PRADEEP, ADVOCATE FOR R3;
R1 - NOTICE SERVED;
R2 - NOTICE DISPENSED WITH VIDE ORDER
DATED 18.12.2023)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 11.12.2018 PASSED IN MVC
NO.1097/2015 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE AND ADDITIONAL MACT-8, SHIVAMOGGA,
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 present appeal is filed by the appellant/claimant
challenging the judgment and award dated 11.12.2018 in
MVC.No.1097/2015 passed by the II Additional Senior Civil
Judge and Additional Motor Accident Claim Tribunal-8 at
Shivamogga, for seeking enhancement of compensation.
NC: 2024:KHC:490
2. The factum of accident, injuries sustained by
the claimant and coverage of insurance is not in dispute.
3. Heard the arguments of both sides and perused
the records.
4. From the medical evidence on record, it is
proved that the claimant sustained the following injuries:
Head injury, injuries below eye, nasal abrasion
bleeding injury to left cheek and multiple fractures.
5. From the evidence of CW1 viz., the Doctor who
is a Neuro Surgeon, it is evident that the claimant has
suffered injury to the brain, due to which power of
memory is decreased. Hence, from the evidence of the
Doctor and other medical records, it is evident that the
claimant is suffering from loss of memory. CW1 has given
evidence that the power of movement to left shoulder and
hand meta carpel bones are decreased. Therefore, the
doctor has assessed physical disability at 58.60% towards
head and 20% towards left hand. When this being the
NC: 2024:KHC:490
fact, a compensation of Rs.75,000/- is awarded under the
head pain and suffering as against Rs.70,000/- awarded
by the tribunal.
6. The claimant was lathe machine operator by
profession before the accident and it is the evidence of the
claimants that now the claimant is not working and is a
jobless person. The claimant was aged about 44 years as
on the date of the accident.
7. Considering the injuries sustained and the
disability discussed above, coupled with profession of the
claimant as he was lathe machine operator before the
accident, it is just and proper to take 20% as functional
disability. The accident is caused on 20.07.2010.
8. The Tribunal has taken the notional income at
Rs.9,000/- considering the profession of the claimant that
he was lathe machine operator, the same is considered.
The functional disability of the claimant at 20% is taken
into consideration. According to the age of the claimant,
NC: 2024:KHC:490
appropriate multiplier applicable is "14". Therefore, the
compensation under the head loss of future earning
capacity due to disability is re-calculated and quantified as
follows:
Rs.9,000/- x 20% x 14 x 12 = Rs.3,02,400/-
Accordingly, the compensation of Rs.3,02,400/- is
awarded under the head loss of future earning capacity
due to disability.
9. A sum of Rs.50,000/- is awarded under the
head loss of amenities and unhappiness.
10. A compensation of Rs.36,000/- (Rs.9,000/-
p.m., x 4 months) is awarded under the head loss of
income during laid up period as against the compensation
of Rs.27,000/- awarded by the Tribunal.
11. Further compensation of Rs.50,000/- is
awarded under the head incidental expenses such as food,
nourishment, attendant charges, conveyance etc.
NC: 2024:KHC:490
12. The compensation amount awarded by the
Tribunal under the head medical expenses is as per the
actual bills produced, which needs no interference. Hence,
it is kept in tact.
13. Thus, in all, the appellant/claimant is entitled to
total compensation as follows:
Pain and sufferings Rs.75,000/-
Loss of future income Rs.3,02,400/-
Medical expenses Rs.1,18,834/-
Loss of income during laid up Rs.36,000/-
period
Towards conveyance, Rs.50,000/-
attendant charges and food
and nourishment
Loss of amenities Rs.50,000/-
Total Rs.6,32,234/-
14. The Tribunal has awarded compensation of
Rs.3,71,794/-, but the appellant/claimant is entitled to
total compensation of Rs.6,32,234/-. Hence, the
appellant/claimant is entitled to enhanced compensation of
NC: 2024:KHC:490
Rs.2,60,440/- (Rs.6,32,234/- - Rs.3,71,794/-).
Therefore, the appellant/claimant is entitled to enhanced
compensation of Rs.2,60,440/- 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.
15. Accordingly, I proceed to pass the following:
ORDER
i. Appeal is allowed-in-part.
ii. The impugned judgment and award dated
11.12.2018 in MVC.No.1097/2015 passed by
the II Additional Senior Civil Judge and
Additional Motor Accident Claim Tribunal-8 at
Shivamogga, is modified to the extent that the
appellant/claimant is entitled to enhanced
compensation of Rs.2,60,440/- along with the
rate of interest at 6% per annum from the date
NC: 2024:KHC:490
of petition till the date of realization, in addition
to what has been awarded by the Tribunal.
iii. No order as to costs.
iv. Registry is directed to transmit the TCR along
with copy of this order to the Tribunal
forthwith.
v. Draw award accordingly.
Sd/-
JUDGE
SS
