Karnataka High Court
Chandrashekara vs Meharoop K K on 4 July, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:25929
MFA No. 3718 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. 3718 OF 2020 (MV-I)
BETWEEN:
CHANDRASHEKARA,
S/O LATE NANJUNDASHETTY,
NOW AGED ABOUT 47 YEARS,
R/AT CHAMALAPURADA BEEDI,
NANJANGUD.
...APPELLANT
(BY SRI. RAGHU R., ADVOCATE)
AND:
1. MEHAROOP K.K.,
S/O MOHAMMED K. K.,
NOW AGED ABOUT 40 YEARS,
R/A KODAKOYIL HOUSE,
MANIPURAM,
POKKD,
KERALA STATE - 673 572.
Digitally signed by B 2. MOHAMMED SHAFFEQ,
K MAJOR,
MAHENDRAKUMAR S/O SIDUPANAKADAN,
Location: HIGH
COURT OF R/A VELUTHEDATH HOUSE,
KARNATAKA VELIYUKKU SOUTH PO,
MALAPURAM DISTRICT - 676 317.
3. THE MANAGER,
THE UNITED ASSURANCE CO.LTD.,
BALLAL CIRCLE,
CHAMARAJAPURAM,
MYSORE.
...RESPONDENTS
(BY SRI.JANARDHANA REDDY, ADVOCATE FOR R3;
NOTICE IS DISPENSED WITH R1 AND R2)
-2-
NC: 2024:KHC:25929
MFA No. 3718 of 2020
THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 20.11.2019 IN MVC NO.877/2018
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
20.11.2019 in MVC No.877/2018, passed by the learned MACT and
Senior Civil Judge, Nanjangud.
2. The claimant filed a claim petition under Section 166 of the
MV Act, seeking just and proper compensation for injuries sustained on
06.01.2018 in a road traffic accident. The Tribunal, after appreciating the
evidence on record, attributed 50% contributory negligence to the
claimant and awarded a total compensation of Rs.3,10,492/-. Taking
exception to this, the claimant is appealing, seeking enhancement of
compensation and challenging the contributory negligence attributed to
him.
3. Heard the learned counsels for the parties and perused the
records.
4. On 06.01.2018, when the claimant was pushing a vegetable
cart on Nanjangud-Gundlupet main road near police quarters,
respondent No.1, who was coming from Mysuru in a car, dashed against
the claimant from the right side in a rash and negligent manner. As a
result, the claimant sustained a head injury, left frontal fracture,
NC: 2024:KHC:25929
hemorrhagic contusion and cerebral edema, comminuted fracture of
bilateral frontal bone, right frontotemporal bone, roof of both orbits,
anterior and posterior wall of bilateral frontal sinus, bilateral greater wing
of sphenoid, walls of ethmoid sinusitis, right basi-sphenoid, and postero-
lateral wall of bilateral maxillary sinus with associated hemosinuses.
5. The police, after investigation, submitted the charge sheet
against the driver of the car. Ex.p4 is the spot sketch, which indicated
that the claimant was pushing his vegetable cart when the driver of the
car collided with the claimant from behind. The respondent-Insurance
Company did not take any defense in the written statement attributing
contributory negligence to the claimant nor adduced any evidence to that
effect. However, the Tribunal, contrary to the evidence on record,
attributed 50% contributory negligence to the claimant, which is not
legally sustainable.
6. The accident occurred in 2018, and the claimant was aged
47 years. In the absence of proof of income, the notional income of the
claimant is assessed at Rs.12,500/- as per the chart prepared by the
Karnataka State Legal Services Authority, as opposed to the Rs.8,500/-
assessed by the Tribunal.
7. The doctors examined as PWs.2 and 3 assessed the
permanent disability to the whole body at 25%, and the Tribunal has
rightly assessed the functional disability at 25%, taking into account the
claimant's avocation.
8. Given the nature of injuries sustained and the re-
assessment of the notional income by adding 25% towards future
prospects, the compensation awarded by the Tribunal is re-assessed as
follows:
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As awarded As awarded by this
by the Court
Compensation under Tribunal
different Heads (Rs.)
(Rs.)
Future loss of income due 3,31,500 6,09,375
to disability
(12500+25%*12*13)
Pain and sufferings 50,000 75,000
Medical expenses 1,68,354 1,68,354
Future medical expenses 24,000 24,000
Incidental charges 9,000 30,000
Loss of income during 31,130 37,500
hospitalization (12,500*3)
Loss of amenities and 5,000 40,000
expectations
Conveyance 2,000 2,000
Total 6,20,984 9,86,229
9. 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.9,84,229/- as opposed to Rs.6,20,984/- awarded by
the Tribunal.
10. The entire compensation amount shall carry interest at the
rate of 6% per annum from the date of filing the petition till the date of
realization.
To this extent, the impugned award stands modified.
Sd/-
JUDGE
RKA
