Shashidhar @ Shashikumar vs Suresh P K
2024 Latest Caselaw 12690 Kant

Karnataka High Court

Shashidhar @ Shashikumar vs Suresh P K on 6 June, 2024

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

                                                     -1-
                                                                  NC: 2024:KHC:19759
                                                               MFA No. 2355 of 2018




                               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                    DATED THIS THE 6TH DAY OF JUNE, 2024

                                                  BEFORE
                             THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                             MISCELLANEOUS FIRST APPEAL NO. 2355 OF 2018 (MV-I)

                        BETWEEN:

                        SHASHIDHAR @ SHASHIKUMAR
                        S/O KAMBEGOWDA,
                        AGED ABOUT 32 YEARS,
                        BASAVAGATTA VILLAGE,
                        DUDDA HOBLI,
                        HASSAN TALUK AND DISTRICT-573201.
                                                                        ...APPELLANT
                        (BY SMT. KAVITHA H.C., ADVOCATE)

                        AND:

                        1.   SURESH P K
                             S/O KENGEGOWDA,
                             POOMAGAME VILLAGE,
                             HONNAVARA POST
                             HASSAN TALUK AND DISTRICT.
                        2.   THE MANAGER
Digitally signed by B
K
                             THE NEW INDIA ASSURANCE COMPANY LIMITED.,
MAHENDRAKUMAR                CHANDANA COMPLEX, HARSHA MAHAL HOTEL ROAD,
Location: HIGH
COURT OF                     HASSAN-573201.
KARNATAKA                                                            ...RESPONDENTS
                        (BY SMT. GEETHA RAJ, ADVOCATE FOR R-2;
                            V/O DATED 21.07.2022 NOTICE TO R1 IS DISPENCED WITH)

                              THIS MFA IS FILED U/S 173(1) OF MV ACT 1988 AGAINST THE
                        JUDGMENT AND AWARD DATED 23.02.2017 PASSED IN MVC
                        NO.1218/2014 ON THE FILE OF THE 2ND ADDITIONAL SENIOR
                        CIVIL JUDGE & MACT, HASSAN, 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:
                                   -2-
                                                 NC: 2024:KHC:19759
                                             MFA No. 2355 of 2018




                             JUDGMENT

This appeal under Section 173(1) of the Motor Vehicles Act, 1988, challenges the award dated 23rd February 2017 in MVC No. 1218/2014, passed by the learned II Additional Senior Civil Judge and MACT, Hassan.

2. The appellant filed a claim petition under Section 166 of the MV Act, stating that he sustained injuries in a road traffic accident. He was riding his motorcycle when the rider of the offending vehicle, driving in a rash and negligent manner, collided with his bike from the opposite direction. The Tribunal, after evaluating the evidence on record, attributed composite negligence equally (50% each) to the claimant and the rider of the offending vehicle. This conclusion was based on the fact that the charge sheet was filed against both parties. Consequently, the Tribunal awarded a total compensation of Rs.78,000, after deducting 50% due to the claimant's share of the negligence. The claimant has filed this appeal, taking exception to the Tribunal's decision.

3. The parties' learned counsel were heard.

4. The accident occurred in 2013, and at that time, the claimant was 26 years old. In the absence of proof of income, the claimant's notional income is assessed at Rs.8,500 per month, as opposed to the Rs.6,000 per month assessed by the Tribunal. The compensation awarded by the Tribunal is recalculated for loss of future income and other relevant categories, considering the nature

NC: 2024:KHC:19759

of the injuries sustained. The revised compensation amounts are as follows:

Pain and sufferings Rs.70,000/-

Medical expenses, conveyance, Rs.68,000/- food and nourishment charges

Loss of income during laid up Rs.24,000/-

period

Loss of amenities                    Rs.30,000/-

Total Rs.                            Rs.1,92,000/-

Less contributory negligence of Rs.96,000/- as against Rs.78,000/- 50% from the petitioner

5. The petitioner is entitled for total compensation of Rs.96,000/- as against Rs.78,000/- awarded by the Tribunal. The enhanced compensation amount of Rs.18,000/- shall carry interest at 6% p.a. from the date of petition till the actual date of realization.

6. The enhanced compensation amount with interest to be deposited by the respondent - Insurance Company within a period of three months from the date of receipt of certified copy of this order. To this extent, stands modified. Appeal allowed in part.

Sd/-

JUDGE

BKM