Karnataka High Court
Ravindra H B vs Nagaraju on 25 July, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:29341
MFA No. 9059 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO.9059 OF 2019(MV-I)
BETWEEN:
RAVINDRA H B.,
S/O BASAVARAJ H L.,
AGED ABOUT 39 YEARS,
R/AT NO.89, 2ND MAIN, II CROSS,
MAGADI ROAD, KAMAKSHIPALYA,
BENGALURU-560 079
...APPELLANT
(BY SRI. SRIDHAR D S.,
SRI. D. NAGARAJA REDDY, ADVOCATES)
AND:
1. NAGARAJU,
S/O KALEGOWDA, MAJOR,
NO.15, NEAR GOVT. SCHOOL,
BYDARAHALLI LAYOUT,
BENGALURU-560 091.
Digitally signed by
R HEMALATHA
Location: HIGH 2. M/S UNITED INDIA INSURANCE CO. LTD.,
COURT OF R/BY ITS MANAGER,
KARNATAKA
REGIONAL OFFICE, T P HUB,
V AND VI FLOORS,
KRISHIBHAVAN, HUDSON CIRCLE,
NRUPATHUNGA ROAD,
BENGALURU-560 001
...RESPONDENTS
(BY SRI. L. SREEKANTA RAO, ADVOCATE FOR R2;
V/O DATED 19.07.2024, NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 25.06.2019 PASSED IN MVC
NO.3490/2018 ON THE FILE OF THE I ADDITIONAL SMALL
-2-
NC: 2024:KHC:29341
MFA No. 9059 of 2019
CAUSES JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL,
BENGALURU (SCCH-11), PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL JUDGMENT
This appeal arises from the judgment and award
dated 25.06.2019, passed by the Motor Accident Claims
Tribunal, Bangalore, in MVC No.3490/2018.
2. The appellant filed a claim petition under
Section-166 of the Motor Vehicle Act, seeking just and
proper compensation on account of injuries sustained in
the road traffic accident on 28.05.2018. The Tribunal
awarded total compensation of Rs.7,40,400/- along with
interest at 9% per annum. The claimant is in appeal,
seeking enhancement of the compensation.
3. Heard the learned counsel for the appellant and
the learned counsel for the insurance company.
4. The appellant sustaining injuries in the road
traffic accident on 28.08.2018 is not in dispute. The
appellant claimant sustained fracture of Tr Process, L1, L2,
L3, L4, vertebral left side, left 10th, 11th rib fracture,
NC: 2024:KHC:29341
fracture of left side sacrum, fracture of right inferior public
ramus, fracture right acetablum in the said accident. The
Doctor was examined as PW-1, and he assessed the
permanent disability to the spinal cord and rib at 46% and
functional disability at 15%. The Tribunal rightly assessed
the functional disability at 15%. The accident is of the year
2018 and in the absence of proof of income, the notional
income of the claimant is assessed at Rs.12,500/- p.m., as
per the chart issued by the Karnataka State Legal Services
Authority, as opposed to Rs.9,000/- per month assessed
by the Tribunal.
5. The claimant was an inpatient in all for a period
of 18 days. Given the nature of the injuries sustained, and
reassessment of the income, the compensation awarded
by the Tribunal is redetermined as follows:
1. Pain and Agony (Retained) : Rs. 75,000/-
2. Medical Expenses (Retained) : Rs. 3,39,900/-
3. Food, Attendant, Conveyance, : Rs. 20,000/-
Nourishment and other incidental
charges etc.
4. Loss of income during laid up : Rs. 62,500/-
period
(Rs.12,500 x 5)
5. Loss of earning capacity : Rs. 3,37,500/-
(Rs.12,500 x 12 x 15% x 15)
NC: 2024:KHC:29341
6. Loss of amenities in life : Rs. 50,000/-
TOTAL : Rs. 8,84,900/-
5. The claimant is entitled for a total compensation
of Rs.8,84,900/- as against Rs.7,40,400/- awarded by the
Tribunal. The enhanced compensation of Rs.1,44,500/-
shall carry interest at 6% per annum, from the date
petition till the date of realization. To this extent, the
appeal is Allowed In Part, and the impugned judgment and
award stands modified.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
JJ
