Karnataka High Court
Suresha vs Balakrishnan S on 4 July, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:25853
MFA No. 2325 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 2325 OF 2020 (MV-I)
BETWEEN:
1. SURESHA,
S/O MAHADEVAIAH,
NOW AGED ABOUT 38 YEARS,
R/AT HARATHALE VILLAGE,
NANJANGUD TALUK,
(DUE TO THE ACCIDENT THE APPELLANT
IS NOT HAVING MENTAL STABILITY
HENCE, HE IS REPRESENTED BY HIS WIFE
AND FATHER WHO ARE APPELLANT 2 & 3)
2. SHIVAMMA,
W/O SURESH,
NOW AGED ABOUT 28 YEARS,
3. MAHADEVAIAH,
S/O KARIYAIAH,
NOW AGED 68 YEARS,
Digitally signed by B
K
MAHENDRAKUMAR
Location: HIGH BOTH ARE R/AT HARATHALE VILLAGE,
COURT OF
KARNATAKA NANJANGUD TALUK.
...APPELLANTS
(BY SRI. RAGHU R., ADVOCATE)
AND:
1. BALAKRISHNAN S.,
S/O LATE SOKAGOWDAR,
NOW AGED ABOUT 63 YEARS,
R/A NO.1/105, BALAKOLA VILLAGE,
MUDUGALA POST, THE NILGIRIS,
COIMBATORE - 643 003,
TAMILNADU STATE.
-2-
NC: 2024:KHC:25853
MFA No. 2325 of 2020
2. THE MANAGER,
THE NATIONAL INSURANCE COMPANY LTD.,
DOX 803A, 8TH FLOOR TOWER-3,
C-KONNECTUS BUILDING,
OPP.TO NEW DELHI RAILWAY STATION,
BHAVDHUTHI MARG,
NEW DELHI - 110 002.
ITS BRANCH OFFICE,
ADI CHUCHANAGIRI MAIN ROAD AND CIRCLE,
NEAR JAYAMMAGOVINDEGOWDA CHOULTRY,
KUVEMPUNAGARA,
MYSORE,
REPRESENTED BY ITS MANAGER.
...RESPONDENTS
(BY SRI.JANARDHANA REDDY, ADVOCATE FOR R2;
NOTICE TO R1 DISPENSED WITH VIDE ORDER
DATED 23.01.2023)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 02.12.2019 PASSED IN MVC
NO.803/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MACT, NANJANGUD, 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
This appeal is filed by the claimant under Section 173(1) of
the Motor Vehicles Act, 1988, challenging the judgment and award
dated 02.12.2019 in MVC No. 803/2017 passed by the learned
MACT and Senior Civil Judge, Nanjangud.
2. The claimant filed a claim petition under Section 166 of
the MV Act, claiming just and proper compensation for injuries
sustained on 23.01.2017 in a road traffic accident when the rider of
a motorcycle collided with him while he was crossing the road. The
Tribunal awarded a total compensation amount of Rs.14,92,887/-
NC: 2024:KHC:25853
and deducted a sum of Rs.3,73,200/- by attributing 25%
contributory negligence.
3. Heard the learned counsels for the parties and perused
the records.
4. The police, after investigation, submitted the charge
sheet against the driver of the car. Ex. P3/spot panchanama
indicated that the accident occurred on the left side of the road and
not in the middle of the road. Therefore, the Tribunal erred in
attributing 25% contributory negligence in the absence of cogent
evidence to substantiate the same. It is held that the driver of the
car was solely negligent in causing the accident.
5. PW.2, a neuro surgeon, assessed the permanent
disability at 85% to the whole body of the claimant. PW.3, a
psychologist, assessed the permanent disability to the whole body
at 75%. The Tribunal, after evaluating the medical evidence on
record, rightly assessed the functional disability of the claimant at
60%.
6. The claimant was aged 35 years as of the date of the
accident. The accident occurred in 2017. In the absence of proof of
income, the notional income of the claimant is assessed at
Rs.11,000/- as per the chart prepared by the Karnataka State Legal
Services Authority, as opposed to Rs.8,000/- assessed by the
Tribunal, with an addition of 40% towards future prospects. The
total income of the claimant is assessed at Rs.15,400/-. Therefore,
the claimant is entitled to a compensation of Rs.17,74,080/- (i.e.,
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15,400 * 12 * 16 * 60%) towards loss of future income. The
claimant was an inpatient for a period of 40 days.
7. Given the nature of injuries sustained, the functional
disability, and the reassessment of notional income, the
compensation awarded by the Tribunal is re-assessed as follows:
As awarded by As awarded by
Compensation under different the Tribunal this Court
Heads (Rs.) (Rs.)
Future loss of income due to 9,21,600 17,74,080
disability
Pain and sufferings 80,000 1,20,000
Medical expenses 4,30,707 4,30,707
Future medical expenses 6,000 6,000
Incidental charges 13,000 50,000
Loss of income during 34,580 66,000
hospitalization (11000*6)
Loss of amenities 5,000 75,000
Conveyance 2,000 2,000
Total 14,92,887 25,23,787
8. In the result, the appeal is allowed-in-part. The
judgment of the Claims Tribunal is modified. The claimant is
entitled for a total compensation of Rs.25,23,787/- as against
Rs.14,92,887/- awarded by the Tribunal.
9. The entire compensation amount including enhanced
compensation shall carry interest at the rate of 6% p.a. from the
date of filing the petition till the date of realization.
NC: 2024:KHC:25853
10. The respondent No.2/Insurance Company is fastened
with the liability to pay the entire compensation amount along with
the accrued interest.
To this extent, the impugned award stands modified.
Sd/-
JUDGE
RKA
