Karnataka High Court
Shivalinga vs Chandrashekar on 4 July, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:25927
MFA No. 4333 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. 4333 OF 2020 (MV-I)
BETWEEN:
SHIVALINGA,
S/O LATE MANTESHETTY,
NOW AGED ABOUT 56 YEARS,
R/AT NO.2121,
MEDAR BLOCK,
CHAMALAPURA BEEDI,
NANJANGUD TOWN.
...APPELLANT
(BY SRI. RAGHU R., ADVOCATE)
AND:
1. CHANDRASHEKAR,
S/O K.M.SUBRAMANIYAM,
NOW AGED ABOUT 59 YEARS,
Digitally signed by B R/AT NO.9, NIRMALA NIVAS,
K
MAHENDRAKUMAR PANI STREET, NEAR SMR BUILDING,
Location: HIGH
COURT OF S.M. PALALAM,
KARNATAKA
NEAR GNANAMBIKA MILLS,
COIMBATORE NORTH,
TAMILNADU STATE - 641 001.
2. THE MANAGER,
ROYAL SUNDARAM INS. CO. LTD.,
BRANCH OFFICE AT NO.133,
3RD FLOOR, SHIKA TOWER,
RAM VILLAH ROAD,
SUBBARAYANAKERE,
-2-
NC: 2024:KHC:25927
MFA No. 4333 of 2020
CHAMARAJAPURAM,
MYSORE.
...RESPONDENTS
(BY SRI.RAVI S SAMPRATHI, ADVOCATE FOR R2;
NOTICE TO R1 DISPENSED WITH VIDE ORDER
DATED 13.04.2023)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 04.12.20219 PASSED IN MVC
NO.450/2018 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 04.12.2019 in MVC No.450/2018 passed by the learned
MACT and Senior Civil Judge, Nanjangud.
2. The claimant filed a petition in MVC No.450/2018 under
Section 166 of the MV Act, claiming just and proper compensation
for having sustained injuries on 04.10.2017 in a road traffic
accident. The Tribunal, after appreciating the evidence on record,
awarded a total compensation of Rs.78,682/- with interest at the
rate of 6% p.a. from the date of the petition till actual realization and
attributed 25% contributory negligence to the claimant. Taking
exception to this, the claimant is in appeal seeking enhancement of
compensation and challenging the contributory negligence
attributed.
NC: 2024:KHC:25927
3. Heard the learned counsel for the parties and perused the
records.
4. The claimant having sustained injuries in a road traffic
accident on 04.10.2017 is not disputed. The police filed a charge
sheet stating that when the petitioner was proceeding by walk on
the Chamarajanagar-Nanjangud bypass road, the driver of the car
drove it in a rash and negligent manner and dashed from behind,
resulting in the claimant sustaining grievous injuries.
5. The respondent-Insurance Company before the Tribunal in
its written statement did not state that the accident was caused due
to the contributory negligence of the claimant. However, the
Tribunal has attributed 25% contributory negligence, stating that at
the time of the accident, the claimant was walking 3 ft. on the left
side of the road. However, there is no evidence to substantiate that
the claimant was negligent in contributing to the accident.
Therefore, the Tribunal committed an error in attributing 25%
contributory negligence to the claimant.
6. The claimant was aged 56 years and was working as a 'D'
group employee. Despite having sustained 45% functional
disability, the claimant continues to work as a 'D' group employee,
and there is no reduction in salary. Therefore, the claimant is not
entitled to compensation towards loss of future income.
NC: 2024:KHC:25927
7. Given the nature of the injuries sustained, the
compensation awarded by the Tribunal is re-assessed as follows:
As awarded by As awarded by
Compensation under the Tribunal this Court
different Heads (Rs.) (Rs.)
Pain and sufferings 40,000 1,00,000
Medical expenses 51,310 51,310
Incidental charges 6,600 10,000
Loss of amenities and 5,000 55,000
expectations
Conveyance 2,000 2,000
Total 1,04,910 2,18,310
Less: 25% contributory (-)26228 -
negligence
Total compensation 78682 2,18,310
8. In the result, the appeal is allowed-in-part. The
judgment of the Claims Tribunal is modified. The claimant is
entitled to a total compensation of 2,18,310/- as opposed to
Rs.78,682/- awarded by the Tribunal.
9. The enhanced compensation amount of Rs.1,39,628/-
(i.e.,Rs.2,18,310 - Rs.78,682) shall carry interest at the rate of 6%
per annum from the date of filing the petition till the date of
realization.
10. The respondent-Insurance company is fastened with
the liability to pay the entire compensation amount to the claimant
with accrued interest.
NC: 2024:KHC:25927
11. The entire enhanced compensation with interest shall
be released in favour of the claimant.
Sd/-
JUDGE
RKA
