Karnataka High Court

Mahadeva K vs Divisional Controller on 31 July, 2024

Author: H T Narendra Prasad

Bench: H T Narendra Prasad

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                                                            NC: 2024:KHC:30217
                                                         MFA No. 8944 of 2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 31ST DAY OF JULY, 2024

                                              BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                      MISCELLANEOUS FIRST APPEAL NO. 8944 OF 2019 (MV)
                      BETWEEN:
                      MAHADEVA K
                      S/O KRISHNASHETTY
                      AGED ABOUT 29 YEARS
                      R/O KOLLEGALA MOLE, KOLLEGALA TALUK
                      CHAMARAJANAGARA DISTRICT
                      NOW R/AT C/O NANJASHETTY
                      PALAHALLI VILLAGE, SRIRANGPATNA TQ
                      MANDYA DISTRICT-571438
                                                                  ...APPELLANT
                      (BY SRI. SREENIVASAN M Y.,ADVOCATE)

                      AND:
                      DIVISIONAL CONTROLLER
                      OWNER CUM CUSTODIAN
                      OF INTERNAL INSURANCE FUND OF KSRTC
                      K H DOUBLE ROAD, SHANTHINAGAR
                      BANGALORE-560050.
Digitally signed by
HEMALATHA A                                                     ...RESPONDENT
Location: HIGH        (BY SMT. S NIRMALA., ADVOCATE)
COURT OF
KARNATAKA
                           THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
                      AGAINST THE JUDGMENT AND AWARD DATED:29.06.2019
                      PASSED ON MVC NO.1185/2016 ON THE FILE OF THE
                      ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA,
                      PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
                      AND SEEKING ENHANCEMENT OF COMPENSATION.

                          THIS APPEAL, COMING ON FOR ORDER, THIS DAY,
                      JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                      CORAM:    HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
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                                        NC: 2024:KHC:30217
                                      MFA No. 8944 of 2019




                    ORAL JUDGMENT

1. This appeal under Section 173(1) of Motor Vehicles

Act, 1988 (hereinafter referred to as 'the Act') has been

filed by the claimant being aggrieved by the judgment

dated 29.06.2019 passed by MACT, Srirangapatuna in

MVC No.1185/2016.

2. Facts giving rise to the filing of the appeal briefly

stated are that on 19.08.2016 when the claimant was

proceeding on motorcycle bearing registration No.KA-52-J-

4711 near Siddappaji Temple on Chikkaluru, Kothanur

Road, Kollegala Taluk, as a pillion rider, at that time,

KSRTC bus bearing registration No.KA-09-F-3671 being

driven by its driver at a high speed and in a rash and

negligent manner, dashed to the vehicle of the claimant.

As a result of the aforesaid accident, the claimant

sustained grievous injuries and was hospitalized.

3. The claimant filed a petition under Section 166 of the

Act, seeking compensation. It was pleaded that he spent

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significant amount towards medical expenses, conveyance

charges and other related costs. It was further pleaded

that the accident occurred solely on account of rash and

negligent driving of the offending vehicle by its driver.

4. Upon service of notice, the respondent appeared

through counsel and filed written statement denying the

averments made in the claim petition.

5. On the basis of the pleadings of the parties, the

Claims Tribunal framed the issues and thereafter, recorded

the evidence. The claimant, in order to prove the case,

examined himself as PW-1, and Dr.Rajashekar was

examined as PW-2, and got exhibited documents namely

Ex.P1 to Ex.P21 and Ex.D-1 to 5. On behalf of the

respondents, no witness was examined, but got exhibited

documents namely Ex.R1. The Claims Tribunal, by the

impugned judgment, inter alia, held that the accident took

place on account of rash and negligent driving of the

offending vehicle by its driver, as a result of which, the

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claimant sustained injuries. The Tribunal further held that

the claimant is entitled to a compensation of Rs.278,150/-

along with interest at the rate of 9% p.a. and directed the

KSRTC to deposit the compensation amount along with

interest. Being aggrieved, the present appeal has been

filed.

6. The learned counsel for the claimant has raised the

following contentions:

a) Firstly, the claimant asserts that he was earning

Rs.15,000/- per month by working as a mason. However,

the Tribunal has erred in taking the income as merely as

Rs.6,500/- per month.

b) Secondly, the claimant has examined the doctor as

PW-2. The Tribunal undervalued the claimant's whole-body

disability at 15%, contradicting the evidence of the doctor

that the claimant suffered 45% disability to particular

limb.

c) Lastly, due to the accident, the claimant has

sustained grievous injuries. He was treated as inpatient for

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a period of 13 days. Even after discharge from the

hospital, he was not in a position to discharge his regular

work. He has suffered lot of pain during treatment.

Considering the same, the compensation awarded by the

Tribunal under the heads of 'loss of amenities', 'pain and

sufferings', 'future medical expenses' and other incidental

expenses are on the lower side.

With the above contentions, learned counsel for the

appellant sought to allow the appeal.

7. On the other hand, the learned counsel for the

KSRTC has raised the following counter-contentions:

a) Firstly, the assertion of claimant that he was earning

Rs.15,000/- per month, remains unsubstantiated due to

lack of documentary evidence. In the absence of proof of

income, the Tribunal has assessed the income of the

claimant notionally.

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b) Secondly, the Tribunal considering the injuries

sustained by the claimant and evidence of the doctor, has

rightly assessed the whole body disability at 15%.

c) Thirdly, considering the injuries sustained by the

claimant and considering the age and avocation of the

claimant, the compensation awarded by the Tribunal under

the heads of 'loss of amenities', 'pain and sufferings' and

other incidental expenses are just and reasonable and it

does not warrant interference.

d) Lastly, in light of the Division Bench decision of this

Court in the case of Ms.Joyeeta Bose and others -v-

Venkateshan.V and others (MFA 5896/2018 and

connected matters disposed of on 24.8.2020), the

rate of interest awarded by the Tribunal at 9% p.a. on the

compensation amount appears excessive.

With the above contentions, learned counsel for the

KSRTC sought to dismiss the appeal.

8. Heard the learned counsel for the parties and

perused the judgment and award of the Tribunal.

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9. It is not in dispute that the claimant has sustained

injuries in the road traffic accident occurred on 19.08.2016

due to rash and negligent driving of the offending vehicle

by its driver.

10. The claimant claims that he was earning Rs.15,000/-

per month. But he has not produced any documents to

substantiate his claim. Therefore, in the absence of proof

of income, notional income has to be assessed. According

to the guidelines issued by the Karnataka State Legal

Services Authority, for accidents occurred in the year

2016, notional income shall be taken at Rs.9,500/- p.m.

11. As per wound certificate, the claimant has sustained

a small cut wound over the left leg and another small

wound beside left haemotoma present and swelling over

the calf muscles present. The doctor in his evidence has

stated that the claimant has suffered disability of 45% to

particular limb. Therefore, taking into consideration the

deposition of the doctor and injuries mentioned in the

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wound certificate, the Tribunal has rightly taken the whole

body disability at 15%. The claimant is aged about 29

years at the time of the accident and multiplier

applicable to his age group is '17'. Thus, the claimant is

entitled for compensation of Rs.290,700/-

(Rs.9,500*12*17*15%) on account of 'loss of future

income'.

12. The nature of injuries indicates that the claimant

must have been under rest and treatment for a period of3

months. Consequently, the claimant is entitled for

compensation of Rs.28,500/- (Rs.9,500.*3 months)

under the head 'loss of income during laid up period'.

13. The claimant was hospitalized as an inpatient for

more than 13 days in the hospital and subsequently

received further treatment. Due to the accident, the

claimant has suffered grievous injuries and also undergone

surgery. Considering the prolonged pain during treatment

as well as the permanent disability certified by the doctor,

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I am inclined to enhance the compensation awarded by

the Tribunal under the head of 'pain and sufferings' from

Rs.30,000/- to Rs.40,000/- and under the head of 'loss

of amenities' from Rs.15,000/- to Rs.40,000/-.

14. Although the evidence of the doctor suggests that

the claimant requires to undergo surgery removal of

implants, the claimant has not provided an estimate for

future surgery. Considering the nature of the injuries and

the evidence of the doctor, I am inclined to enhance the

compensation awarded by the Tribunal under the head of

'future medical expenses' from Rs.5,000/- to

Rs.10,000/-.

15. Considering the nature of injuries, the compensation

awarded by the Tribunal under other heads is just and

reasonable.

16. Thus, the claimant is entitled to the following

compensation:

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                                As awarded         As awarded
                                  by the             by this
      Compensation under
                                 Tribunal             Court
        different Heads
                                        (Rs.)         (Rs.)

     Pain and sufferings                  30,000         40,000

     Medical expenses                      3,250          3,250

     Food, nourishment,                   13,000         13,000
     conveyance and
     attendant charges

     Loss of income during                13,000         28,500
     laid up period

     Loss of amenities                    15,000         40,000

     Loss of future income               198,900        290,700

     Future medical expenses               5,000         10,000

                   Total                278,150        425,450