A Nagaraju vs Kumara P M
2024 Latest Caselaw 15068 Kant

Citation : 2024 Latest Caselaw 15068 Kant
Judgement Date : 28 June, 2024

Karnataka High Court

A Nagaraju vs Kumara P M on 28 June, 2024

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

                                                     -1-
                                                               NC: 2024:KHC:24192
                                                             MFA No. 3544 of 2020




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                 DATED THIS THE 28TH DAY OF JUNE, 2024

                                                 BEFORE
                           THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                           MISCELLANEOUS FIRST APPEAL NO. 3544 OF 2020 (MV-I)


                      BETWEEN:

                      A. NAGARAJU
                      S/O ADDALA MOORTHY
                      AGED ABOUT 35 YEARS,

                      RESIDING AT: 6-192
                      BOMMAIPALLI, H/W VILLAGE
                      NALAGAMPALLI POST,
                      BANGARUPALEM
                      CHITTOOR, A.P.
                                                                     ...APPELLANT
                      (BY SRI. SREENIVASAIAH A., ADVOCATE)

                      AND:
Digitally signed by   1.     KUMARA P M
R HEMALATHA
Location: HIGH               S/O MUNINANJAPPA
COURT OF                     NO.316, NEAR PANATHUR
KARNATAKA                    RAILWAY STATION
                             BANGALORE SOUTH
                             BANGALORE-560 103.

                      2.   THE MANAGER
                           RELIANCE GENERAL INSURANCE COMPANY LTD.,
                           5TH FLOOR, CENTENARY BUILDING
                           NO.28, M.G. ROAD
                           BANGALORE-560 001.
                                                                    ...RESPONDENTS
                      (BY SRI. P. VIJAYAKUMAR, ADVOCATE FOR R-2;
                          V/O DATED 12/07/2022 NOTICE TO R1 IS D/W)
                                  -2-
                                               NC: 2024:KHC:24192
                                            MFA No. 3544 of 2020




     THIS MFA IS FILED U/S. 173(1) OF THE MV ACT, AGAINST
THE JUDGMENT AND AWARD DATED 01.10.2019 PASSED IN MVC
NO.2930/2018 ON THE FILE OF THE             VIII ADDITIONAL
JUDGE AND ACMM, MEMBER, MACT, BENGALURU (SCCH-5),
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

This appeal under Section 173(1) of the M.V. Act has been filed by the claimant challenging the judgment and award dated 1.10.2019 passed by the VIII Additional Small Causes Judge and MACT, (SCCH-5) Bangalore in MVC No.2930/2018.

2. The appellant/claimant, who sustained injuries in a road traffic accident on 04.04.2018, filed a claim petition under Section 166 of Motor Vehicles Act, 1989 to award just and proper compensation. The Tribunal awarded total compensation of Rs.3,49,000/- with interest at the rate of 9% p.a. Being dissatisfied with the quantum of compensation, the claimant is before this Court.

3. Heard the learned counsel for the appellant and the respondent - Insurance Company.

4. The accident is of the year 2018 and the claimant was aged 33 years as on the date of the accident. In the absence of proof of income, the notional income is assessed at Rs.12,500/- p.m, according to the chart prepared by the Karnataka

NC: 2024:KHC:24192

Legal Services Authority, as opposed to Rs.9,000/- assessed by the Tribunal.

5. The doctor who was examined as P.W.4 assessed the permanent physical disability to the whole body at 18%, and total disability of the right lower limb at 54%. However, the Tribunal without any basis assessed the permanent physical disability to the whole body at 12%.

6. The claimant admittedly sustained subtrochanteric fracture of right femur.

7. Given the nature of injuries sustained by the claimant and in the absence of proof of income, the income of the appellant is assessed at Rs.12,500/- as opposed to Rs.9,000/- assessed by the Tribunal. Therefore, the appellant is entitled for the enhanced compensation under the following heads:

Awarded by the Awarded by this Court Tribunal Rs.

Rs.

Loss     of    income
                               37,500/-                      -
during laid up period
Pain and suffering             75,000/-                   75,000/-
Loss      of     future      3,60,000/-                 2,07,000/-
earning capacity        (12500x15/100x12x16)       (9,000x12% x 12 x 16)
Food, nourishment             30,000/-                   16,400/-
&            attendant
charges, medicines
conveyance
Loss of amenities             40,000/-                    25,000/-
Future         Medical        40,000/-                    25,000/-
expenses
Total                       5,82,500/-                  3,48,400/-

                                                  NC: 2024:KHC:24192





      8.     In all, the appellant/claimant is entitled for the      total
compensation of Rs.5,82,500/- as opposed to                Rs.3,48,400/-

awarded by the Tribunal. The enhanced compensation is Rs.2,34,100/-.

9. To this extent, the award passed by the Tribunal stands modified. The enhanced compensation of Rs.2,34,100/-

shall carry interest at the rate of 6% p.a. from the date of petition till the date of actual realization.

10. The enhanced amount 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. The entire enhanced compensation amount to be released in favour of the appellant/claimant.

Sd/-

JUDGE