Karnataka High Court
Sri. Manjunatha vs The Divisional Manager on 4 January, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:489
MFA No. 4227 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. 4227 OF 2019 (MV-I)
BETWEEN:
SRI. MANJUNATHA,
S/O PEDDAPPAIAH,
AGED ABOUT 28 YEARS,
RESIDING AT NO.:BULLAMPALLI,
SRINIVASANDRA, BANGARPET TALUK,
KOLAR DISTRICT - 563 121.
...APPELLANT
(BY SRI. SHANKAR PRASAD M B., ADVOCATE)
AND:
1. THE DIVISIONAL MANAGER,
UNITED INDIA INS. CO. LTD.,
5TH FLOOR, KRISHI BHAVAN,
Digitally signed by HUDSON CIRCLE,
RAMYA D BANGALORE - 1.
Location: HIGH COURT
OF KARNATAKA
2. Y.PADMAJA,
D/O SRI.Y.GANGAIAH,
BOSENAGAR, RAYACHOTY,
CUDDUPH DISTRICT,
ANDRAPRADESH - 516 269.
...RESPONDENTS
(BY SRI. SRISHAILA S., ADVOCATE FOR R1;
NOTICE TO R2 DISPENSED WITH VIDE ORDER
DATED 19.07.2023)
-2-
NC: 2024:KHC:489
MFA No. 4227 of 2019
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 8.2.19 PASSED IN MVC
NO.2160/17 ON THE FILE OF THE MEMBER, MACT, XVI
ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU,
SCCH-14, 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
The present appeal is filed by the appellant/claimant
challenging the judgment and award dated 08.02.2019 in
MVC.No.2160/2017 passed by the Motor Accident Claims
Tribunal, Bangalore City, SCCH-14, seeking enhancement
of compensation as well as contributory negligence at 15%
on the claimant.
2. The factum of accident, injuries sustained by
the claimant and coverage of insurance is not in dispute.
3. Heard both the sides and perused the records.
NC: 2024:KHC:489
4. In the present case, the accident is between
two-wheeler, which was being driven by the claimant and
a Bolero jeep. As per the spot sketch and panchanama
(Ex.P4 and Ex.P5), the accident has occurred in the middle
of the road. Therefore, the tribunal has attributed 15%
negligence on the part of the claimant. Upon re-
appreciation of the evidence on record regarding spot of
accident, it is found to be on the middle of the road. The
road is a single road. Therefore, the tribunal has rightly
attributed the negligence at 85% on the driver of the
bolero jeep and 15% on the claimant, which does not call
for any interference.
5. From the medical evidence on record, it is
proved that the claimant sustained the following injuries:
(a) Head injury;
(b) Laceration of 15x1 cm over right side tempero
parietal region;
(c) Laceration of 7cm x 3cm x 2cm over nose;
(d) Abrasion of 5cm x 5cm over right knee;
(e) Loss of tooth over right jaw;
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(f) Fracture of right 3rd and 5th proximal phalanges;
(g) Fracture of right alar-cartilage;
(h) Small focal falcino hemorrhage and
(i) Injuries all over the body.
6. In the present case, the tribunal awarded
compensation under various heads as follows:
Sl.No. Heads. Amount in
(Rs.)
1. Pain and Suffering Rs.30,000/-
2. Loss of future income due to Rs.1,14,500/-
disability
3. Medical expenses Rs.16,500/-
4. Loss of amenities Rs.25,000/-
5. Conveyance, attendance Rs.6,000/-
charges, food and
nourishments
6. Loss of income during laid up Rs.24,000/-
period
7. Future medical expenses Nil
Total: Rs.2,16,000/-
Deduction for 15% negligence
on appellant Rs.32,400/-
Amount availed to appellant Rs.1,83,600/-
7. Considering the nature of injuries sustained by
the claimant, the compensation amount awarded under
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the head pain and suffering is on the lesser side and the
same is enhanced to Rs.50,000/-.
8. The Tribunal has taken the notional income at
Rs.8,000/-. The accident was occurred in the year 2017.
Therefore, the notional income at Rs.11,000/- has to be
taken into consideration as per the Notional Income Chart
recognized by the Karnataka State Legal Service
Authority. The doctor - P.W2. had deposed that the
claimant has suffered 11.6% of functional disability
towards whole body. The Tribunal has taken the functional
disability at 10%, which is just and proper and does not
call for any interference.
9. The Doctor has stated that the claimant has
suffered 11.3% functional disability towards whole, body
but the tribunal has taken the functional disability as 7%
towards the whole body. Considering the nature of injuries
sustained by the claimant, the functional disability
assessed by the tribunal is just and proper and does not
call for any interference. According to the age of the
NC: 2024:KHC:489
claimant, appropriate multiplier applicable is "17".
Therefore, the compensation under the head loss of future
earning capacity due to disability is re-calculated and
quantified as follows:
Rs.11,000/- x 7% x 17 x 12 = Rs.1,57,080/-
Accordingly, the compensation of Rs.1,57,080/- is
awarded under the head loss of future earning capacity
due to disability.
10. The compensation of Rs.25,000/- awarded by
the Tribunal towards loss of amenities and unhappiness is
on the lesser side. Accordingly, Rs.30,000/- is awarded
under the head loss of amenities and unhappiness.
11. The Tribunal has awarded compensation of
Rs.24,000/- under the head loss of income during laid up
period, which is re-assessed at Rs.44,000/- by taking into
consideration the notional income at Rs.11,000/- for a
period of 4 months. Accordingly, compensation of
NC: 2024:KHC:489
Rs.44,000/- (Rs.11,000/- p.m., x 4 months) is awarded
under the head loss of income during laid up period.
12. Further compensation of Rs.10,000/- is
awarded under the head incidental expenses such as food,
nourishment, attendant charges, conveyance etc., as
against Rs.6,000/- awarded by the Tribunal.
13. Thus, in all, the appellant/claimant is entitled to
total compensation as follows:
Pain and sufferings Rs.50,000/-
Incidental expenses such as food, Rs.10,000/-
nourishment, attendant charges,
conveyance etc.
Loss of future earning capacity due to Rs.1,57,080/-
disability
Loss of amenities and unhappiness Rs.30,000/-
Loss of earning during laid down period Rs.44,000/-
Total Rs.2,91,080/-
NC: 2024:KHC:489
13. The Tribunal has awarded compensation of
Rs.2,16,000/-, but the appellant/claimant is entitled to
total compensation of Rs.2,91,080/-. Since, the
appellant has contributed 15% negligence towards the
accident, therefore, the claimant is entitled to 85% of the
compensation of Rs.2,91,080/- 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.
14. Accordingly, I proceed to pass the following:
ORDER
i. Appeal is allowed-in-part.
ii. The impugned judgment and award dated
judgment and award dated 08.02.2019 in
MVC.No.2160/2017 passed by the Motor
Accident Claims Tribunal, Bangalore City,
SCCH-14 is modified to the extent that the
appellant/claimant is entitled to 85% of the
compensation of Rs.2,91,080/- along with the
rate of interest at 6% per annum from the date
NC: 2024:KHC:489
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
CT:SN
