Karnataka High Court
Sri Chandra Shekar M vs Sri Sabikh Ali on 27 June, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:24714
MFA No. 4664 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 4664 OF 2019 (MV-I)
BETWEEN:
SRI. CHANDRA SHEKAR M,
S/O K. MALLESH,
AGED ABOUT 26 YEARS,
R/AT NO.261, NEAR OVER WATER TANK,
NAGONDANAHALLI COLONY,
WHITEFIELD ROAD,
BANGALORE.
...APPELLANT
(BY SRI.A.K.BHAT, ADVOCATE)
AND:
1. SRI. SABIKH ALI,
MAJOR IN AGE,
S/O AHAMMED KUTTY,
NO.18, K. NARAYANAPURA, KOTHANUR POST,
BANGALORE - 77.
Digitally signed by B
2. THE LEGAL MANAGER,
K
MAHENDRAKUMAR
M/ ROYAL SUNDARAM ALLIANCE
Location: HIGH INSURANCE CO., LTD.,
COURT OF
KARNATAKA NO.30, 3RD FLOOR, JNR CITY CENTRE,
RAJARAM MOHAN ROY ROAD,
SAMPANGIRAMA NAGAR, OFF. RICHMOND ROAD,
BENGALURU - 560 027.
...RESPONDENTS
(BY SRI.RAVI S SMPRATHI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH VIDE ORDER
DATED 13.09.2022)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 18/01/2019, PASSED IN MVC
NO.1411/2017, ON THE FILE OF THE VIII ADDITIONAL SMALL
CAUSES JUDGE & XXXIII ACMM., MEMBER, MACT, BENGALURU
-2-
NC: 2024:KHC:24714
MFA No. 4664 of 2019
(SCCH-5), 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 18.01.2019 in MVC No.1411/2017 passed by the learned VIII
Additional Small Causes Judge and the Motor Accident Claims
Tribunal (SCCH-5), Bengaluru.
2. The claimant filed a claim petition under Section 166 of
the MV Act, seeking just and proper compensation for injuries
sustained on 09.12.2016 in a road traffic accident. The Tribunal
awarded a total compensation amount of Rs.31,26,000/- with 9%
interest per annum from the date of the petition until realization.
3. Heard the learned counsels for the parties and
perused the records.
4. The claimant's accidental injuries sustained in a road
traffic accident on 09.12.2016 are not disputed. At the time of the
accident, the claimant was 25 years old. He sustained polytrauma
sequelae, traumatic fracture dislocation T6-T7 and T11-T12 with
spinal cord injury resulting in complete paraplegia, neurogenic
bowel and bladder, multiple rib fractures, and left-sided
hemopneumothorax.
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5. The doctor who examined him as PW.4 assessed the
permanent physical impairment with respect to the whole body at
100%. In his cross-examination, he stated that decompression
stability of the spine has improved but motor function has not. He
stabilized the spine by fixing T3 to L3 with fusion plus
decompression, resulting in complete spinal cord injury. The non-
movement of limbs is due to pain and weakness. He further
admitted that to prevent contracture and spasticity for bladder and
bowel, the patient is still undergoing treatment. There is no direct
damage to the bladder due to the accident. The claimant has no
sensation from the T6 level and below, but he can mobilize using a
wheelchair. There is no difficulty in performing desk work, but at
intervals, an attendant should accompany him. By combining motor
and bladder impairment, the doctor assessed 100% disability.
6. The claimant is a B.Com, MBA graduate and was
working as a Process Executive Trainee at Cognizant Technology
Solutions. The claimant produced Ex.P26/Salary certificate to
substantiate that he was earning Rs.11,418/- per month as take-
home salary after deductions towards PF and ESI, etc. Therefore,
considering the claimant's qualifications and his employment as a
Process Executive Trainee at Cognizant Technology Solutions, the
income of the claimant is assessed at Rs.12,500/- as opposed to
Rs.11,418/-. By adding 40% for future prospects, the total income
is assessed at Rs.17,500/-. Therefore, the claimant is entitled to a
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sum of Rs.37,80,000/- towards earning capacity (i.e.,
17,500*12*18) as opposed to Rs.17,28,000/-.
7. The doctor has opined that the claimant can mobilize
with a wheelchair and requires an attendant due to 100% functional
disability. Therefore, the cost of an attendant is assessed at
Rs.5,000/- per month, amounting to Rs.10,80,000/- (i.e.,
Rs.5000*12*18). The compensation amount awarded under other
heads is just and proper and remains unaltered.
8. The claimant is entitled to a total compensation of
Rs.62,08,000/- as opposed to Rs.31,26,000/- awarded by the
Tribunal. The appeal is allowed in part, and the judgment of the
Claims Tribunal is modified.
9. The enhanced compensation amount of
Rs.30,82,000/- shall carry interest at the rate of 6% per annum
from the date of filing the petition until the date of realization.
Sd/-
JUDGE
RKA
