Karnataka High Court
Sri Venkatesh vs Asha Uday Kumar on 9 January, 2024
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NC: 2024:KHC:1216
MFA No. 6150 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 6150 OF 2013 (MV-I)
BETWEEN:
1. SRI VENKATESH
S/O VENKATEGOWDA,
AGED ABOUT 37 YEARS,
R/AT NO.154/1, AK COLONY,
8TH BLOCK, KORAMANGALA GRAMA,
BANGALORE-95
...APPELLANT
(BY SRI. HANDRAL N M., ADVOCATE)
AND:
1. ASHA UDAY KUMAR
R/AT NO. 252,SARAKKI AGRAHARA,
BANGALORE-52
2. RELIANCE GENERAL INSURANCE COMPANY LTD
5TH FLOOR,CENTANARY BUILDING,
M G ROAD, BANGALORE-01
Digitally ...RESPONDENTS
signed by
BHARATHI S (BY SRI. ASHOK N PATIL., ADVOCATE FOR R2
Location: APPEAL AGAINST R1 IS DISMISSED V/O DTD 8.9.2015)
HIGH COURT
OF
KARNATAKA
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 6.3.2013 PASSED IN MVC
NO.7500/2011 ON THE FILE OF THE MACT V, COURT OF SMALL
CAUSES, BANGALORE CITY, 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:
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MFA No. 6150 of 2013
JUDGMENT
The above appeal is filed by the claimant challenging
the judgment and award dated 6.9.2013 passed in MVC
No. No.7500/2011 by the MACT V, Court of Small Causes,
Bangalore City1 seeking for enhancement of compensation.
2. For the sake of convenience, the parties herein
are referred as per their rank before the Tribunal.
3. The judgment and award of the Tribunal
regarding negligence and liability is not in question.
Hence, the only aspect that is required to be considered in
this Appeal is with regard to enhancement of
compensation awarded by the Tribunal.
4. The Tribunal upon noticing the relevant material
on record has recorded a finding that the claimant is aged
42 years as per the medical records. Hence the
appropriate multiplier of 14 has been adopted, which is
just an proper.
Hereinafter referred to as the 'Tribunal'
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5. The claimant has contended that he is a coolie
and selling pani puri. However, no document has been
produced to prove the income. Hence, the Tribunal has
taken the income at `4,000/- per month. Having regard to
the fact that no documents have been produced to prove
the income of the claimant and having regard to the date
of accident i.e., 15.7.2011 and the income chart that is
being followed for settlement of claims before the Lok
Adalath conducted by the High Court Legal Services
Committee, the notional income of the claimant is re-
assessed at `6,500/- pm.
6. It is forthcoming from the wound certificate -
Ex.P2 and the discharge summary - Ex.P7 that the
claimant has suffered compound comminuted fracture of
both bones of right leg, compound fracture of the right
Patella and fracture of the shaft of the metatarsal. The
claimant was treated as an inpatient from 15.7.2011 to
31.7.2011 i.e., for a period of 16 days. The fracture was
surgically treated. The doctor has been examined as PW.2
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who has deposed that the claimant has suffered whole
body disability of 40% to the right lower Limb and 15% to
the whole body. However, the Tribunal upon an
appreciation of the evidence of the doctor wherein he has
stated that if the claimant undergoes regular
physiotherapy there would be marginal improvement in
the condition of the claimant has taken the disability at
6%. It is forthcoming that the doctor has stated that the
claimant limps on the right lower limb, he is unable to
stand or walk for long time, to sit cross legged and squat
on the ground. Having regard to the evidence of the
doctor, it is just and proper that the finding of the Tribunal
on disability is re-assessed at 15%.
7. In view of the aforementioned, the quantum of
compensation awarded by the Tribunal is re-assessed as
follows:
7.1 The Tribunal has awarded a sum of `30,000/-
towards pain and agony. The same is reassessed at
`40,000/-having regard to the injury sustained.
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7.2 The Tribunal has awarded a sum of `65,000/-
towards medical expenses which is just and proper.
7.3 The Tribunal has awarded a sum of `20,000/-
towards loss of income during the period of treatment. The
same is just and proper having regard to the fact that the
period of treatment is required to be taken as three
months.
7.4 The Tribunal has awarded a sum of `25,000
towards loss of amenities, as also future medical expenses
awarded at `10,000/- which is just and proper.
7.5 That no compensation has been awarded by the
Tribunal towards food, nutrition and transportation. Having
regard to the nature of injuries and the period of
treatment, a sum of `15,000/- is awarded under the said
head.
7.6 The loss of future income is re-assessed at
(`6500/-x12x14x15%) `1,63,800/- as against `40,320/-
awarded by the Tribunal.
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Sl.No Compensation Head Amount Awarded Amount awarded
by the Tribunal (`) by this Court (`)
1 Pain and agony 30000.00 40000.00
2 Medical expenses 65000.00 65000.00
3 Loss of income during 20000.00 20000.00
treatment period
4 Loss of future income 40320.00 163800.00
5 Loss of amenities and 25000.00 25000.00
unhappiness
6 Future medical 10000.00 10000.00
expenses
7 Food, nourishment 0.00 15000.00
and transportation
Total 195320.00 338800.00
Accordingly, the Claimant is entitled to enhanced
compensation of (`3,38,800 - `1,95,320) `1,43,480/-.
8. In view of the aforementioned, the following
order is passed:
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 6.3.2013
passed in MVC No.7500/2011 MACT V, Court of
Small Causes, Bangalore City, is hereby
modified to the extent stated herein. In all
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other respects, the judgment and award of the
Tribunal remains unaltered;
iii) The appellant/claimant is entitled to enhanced
compensation in a sum of `1,43,480/- 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
Respondent No.2 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 is to be disbursed to the claimant.
vi) The Registry to draw the modified award
accordingly.
vii) No costs.
Sd/-
JUDGE
