Karnataka High Court
Srinivas vs Sudharshanachar. P. H on 4 June, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:19226
MFA No. 3051 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 3051 OF 2019 (MV-I)
BETWEEN:
SRINIVAS,
S/O GANGARAMAIAH,
AGE 38 YEARS, R/AT NO.81/2,
MUTHURAYASWAMY LAYOUT,
IRON FACTORY, SEEGEHALLI,
BANGALORE NORTH, BANGALORE - 560 091.
...APPELLANT
(BY SRI. R. SHASHIDHARA, ADVOCATE)
AND:
1. SUDHARSHANACHAR P.H,
S/O HANUMANTHARAYAPPA,
MAJOR, R/O NO.109/2, 4TH CROSS,
1ST MAIN ROAD, APPANNA
BADAVANE, THUNGANAGAR,
MAGADI ROAD, BANGALORE - 91
Digitally signed by B
K
OWNER OF MOTOR CYCLE,
MAHENDRAKUMAR BEARING NO.KA-02/JC-1613.
Location: HIGH
COURT OF
KARNATAKA
2. THE LEGAL MANAGER,
RELIANCE GENERAL INSURANCE CO. LTD.,
RGIC, 28, EAST WING, 5TH FLOOR,
CENTENARY BUILDING, M.G. ROAD,
BANGALORE - 560 001.
...RESPONDENTS
(BY SRI. H.C. BETSUR, ADVOCATE FOR R2;
VIDE ORDER DATED 23.08.2023 NOTICE TO R1 IS
DISPENSED WITH)
This MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 06/09/2018, PASSED IN MVC
NO.3997/2016, ON THE FILE OF THE XXI ACMM., & XXIII
-2-
NC: 2024:KHC:19226
MFA No. 3051 of 2019
ADDITIONAL SMALL CAUSES JUDGE AND MACT, (SCCH-25),
BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The claimant-appellant, having sustained injuries in a road
traffic accident, filed a claim petition under Section 166 of the Motor
Vehicle Act. The Tribunal, after appreciating the evidence on
record and assessing the physical disability of the claimant to be
12% of the whole body, and taking into account an income of
Rs.8,000 per month, awarded a total compensation of Rs.5,01,000
with interest at the rate of 8% per annum from June 21, 2018, until
the date of deposit of the amount.
2. The learned counsel for the respondent-Insurance
Company contended that the Tribunal ought to have attributed
contributory negligence to the claimant, since the evidence clearly
establishes that the claimant was also negligent in the head-on
collision. Therefore, he submits that the compensation awarded by
the Tribunal is just and proper, and the claimant is not entitled to an
enhancement of compensation.
3. Having considered the submissions made by the
learned counsel for the parties, it is an undisputed fact that the
claimant sustained a comminuted fracture to the right femur shaft
and multiple facial bone fractures in the road traffic accident that
NC: 2024:KHC:19226
occurred on May 31, 2016. At the time of the accident, the claimant
was 34 years old. Although the claimant contended that he was a
tailor by profession, he did not present any evidence to establish
this fact. Consequently, the Tribunal, in the absence of proof of
income, assessed the claimant's income at Rs.8,000 per month,
rather than Rs.9,500 as per the chart issued by the Karnataka
State Legal Services Authority.
4. The doctor, who was examined as PW.2, assessed the
permanent disability of the claimant to be 53% of the whole body.
However, the Tribunal assessed the disability to be 12%. Although
the claimant did not produce any evidence to substantiate that he
was a tailor by occupation, based on the facts and circumstances
of the case, it is inferred that the claimant was employed as a
laborer. Taking into account that the claimant sustained a
permanent disability to an extent of 18% of the whole body and
assessing his income at Rs.9,500, the claimant is entitled to an
enhancement of compensation as follows:
Pain And Suffering : Rs. 60,000/-
Medical Expenses : Rs. 2,00,600/-
Loss of income during laid of period : Rs. 28,500/-
(Rs.9,500 x 3 months)
Loss of future income : Rs. 3,28,320/-
(Rs.9,500 x 12 x 18% x 16)
Loss of future Amenities and : Rs. 30,000/-
happiness
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Attendant, conveyance, food and : Rs. 30,000/-
nourishment charges
Future Medical Expenses : Rs. 20,000/-
TOTAL : Rs. 6,97,420/-
5. In view of the aforementioned, the following:
ORDER
i) The appeal is allowed in part.
ii) The impugned judgment and award dated 06.09.2018
passed by the learned Motor Accident Claims Tribunal, Court of
Small Causes at Bengaluru in M.V.C.No.3997/2016 is modified by
holding that the appellant is entitled for a total compensation of
Rs.6,97,420/- as against Rs.5,01,000/- awarded by the Tribunal.
ii) The enhanced compensation of Rs.1,96,420/-
(6,97,420-5,01,000) shall carry interest at the rate 6% per annum
from the date of 21.06.2018 till the date of depositing the amount.
iii) Respondent Nos.1 and 2 are jointly and severally
liable to pay the enhanced compensation to the appellant-claimant.
iv) The enhanced compensation amount along with
interest shall be deposited within 3 months from the date of receipt
of copy of this order.
Sd/-
JUDGE
LDC
