Karnataka High Court

Thammaiah vs A M Nagaraja on 1 March, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

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                                                             NC: 2024:KHC:8765
                                                        MFA No. 6957 of 2016




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 1ST DAY OF MARCH, 2024

                                             BEFORE
                            THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                    MISCELLANEOUS FIRST APPEAL NO.6957 OF 2016(MV-I)
                   BETWEEN:

                   THAMMAIAH S/O VENKATESHA,
                   AGED ABOUT 28 YEARS,
                   AUTO DRIVER,
                   R/A JOGIKOPPALU VILLAGE,
                   KADUR TALUK,
                   CHIKMAGALURU DISTRICT.
                                                                  ...APPELLANT
                   (BY SRI. SHREYAS.N., ADVOCATE FOR
                       SRI. SRIKANTH PATIL.K., ADVOCATE)

                   AND:

                   1.     A.M.NAGARAJA S/O MALLEGOWDA,
                          AGED ABOUT 57 YEARS,
                          R/A BHAVIMANE BEEDHI,
                          MARGADA CAMP, BIRUR TOWN,
Digitally signed by       KADUR TALUK,
THEJASKUMAR N             CHIKMAGALURU DISTRICT - 577 548.
Location: HIGH
COURT OF
KARNATAKA           2.    NATIONAL INSURANCE COMPANY LTD.,
                          SHIMOGGA BRANCH,
                          SHIMOGGA - 577 201.
                          REPRESENTED BY ITS MANAGER.
                                                          ...RESPONDENTS
                   (R1 - SERVED AND UNREPRESENTED
                     BY SRI. S.V.HEGDE MULKHAND., ADVOCATE FOR R2)

                           THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
                   SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
                   AGAINST THE JUDGMENT AND AWARD DATED: 01.01.2016
                                -2-
                                              NC: 2024:KHC:8765
                                          MFA No. 6957 of 2016




PASSED IN MVC NO.74/2012 ON THE FILE OF THE SENIOR
CIVIL JUDGE, JMFC, MACT, KADUR, CHIKMAGALUR DISTRICT.

       THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION,      THIS   DAY,   THE    COURT     DELIVERED     THE
FOLLOWING:
                          JUDGMENT

Sri.Shreyas.N., learned counsel on behalf of Sri.Srikanth

Patil., for the appellant and Sri.S.V.Hegde Mulkhand., learned

counsel for the respondent No.2 have appeared in person.

Notice to respondents was ordered on 07.03.2017. A

perusal of the office note depicts that respondent No.1 is

served and unrepresented. He has neither engaged the services

of an advocate nor conducted the case as party in person.

Though the appeal is listed today for admission, with the

consent of learned counsel for the respective parties, it is heard

finally.

2. For the sake of convenience, the parties shall be

referred to as per their status and rankings before the Tribunal.

3. It is the case of the claimant that on the 14th day of

November 2011, he was traveling in a Auto-rickshaw bearing

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Registration No.KA-18/8757 towards Birur on the left side of

the road. At about 12:00 noon, near Classic Motor Garage in

Kadur on N.H.206, a Maruti Suzuki Dezire Car bearing

Registration No.KA-18-N-3959 driven by the first respondent

came in a rash and negligent manner and hit against a car

bearing Registration No.KA-51-M-802 and then hit the auto-

rickshaw of the claimant. Due to the impact, the claimant

sustained grievous injuries. Immediately, he was shifted to

Mc.Ghan Hospital, Shivamogga and then shifted to Nanjappa

Hospital, Shivamogga and then to PKS Hospital, Birur and took

treatment as an in-patient up to 16.11.2011. He also took

treatment at Vishwamanava Hospital, Birur as an outpatient.

Contending that the accident occurred on account of rash and

negligent driving of the Maruti Suzuki Dezire car, the claimant

filed claim petition seeking compensation.

In response to the notice, the first respondent did not

appear before the Tribunal, hence he was placed ex-parte. The

second respondent - Insurance Company appeared through its

counsel and filed statement of objections and admitted that the

offending car was insured with the second respondent, however

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the liability is subject to the terms and conditions of the policy.

Among other grounds they prayed for dismissal of the petition.

Based on the above pleadings, the Tribunal framed

issues. The parties led evidence. and marked the documents.

The Tribunal vide judgment dated:01.01.2016 partly allowed

the claim petition. It is this Judgment that is called into

question in this appeal on several grounds as set-out in the

Memorandum of Miscellaneous First Appeal.

4. Learned counsel for the appellant submits that the

Judgment of the Tribunal is contrary to the evidence on record

and law.

Next, he submits that the Tribunal has erred in awarding

meagre amount under the different heads.

Lastly, he submits that the Tribunal has erred in awarding

a compensation of Rs.2,03,650/- (Rupees Two lakh Three

Thousand Six Hundred and Fifty only) with interest at 8% per

annum. Therefore, he submits that the award of the Tribunal

requires interference and accordingly, prayed to allow the

appeal.

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Learned counsel for the Insurance Company justified the

Judgment of the Tribunal. He submits that the appeal is devoid

of merits and the same may be dismissed.

Heard, the contentions urged on behalf of the respective

parties and perused the appeal papers and also the records

with utmost care.

5. The point that would arise for consideration is

whether the Claimant is entitled for enhanced compensation?

6. The facts are sufficiently stated and do not require

reiteration. The Claimant's appeal is one for enhancement of

compensation and modification of the judgment. The Tribunal

taking note of the material evidence on record concluded that

the Claimant sustained injuries due to the actionable negligence

on the part of the driver of the Maruti Suzuki Dezire car.

The grounds urged in the present appeal are mainly

relating to the meager compensation awarded under different

heads by the Tribunal. The Claimant has suffered pain and

agony owing to the injuries sustained in the accident in

question. Hence, this Court deems it appropriate to award

Rs.25,000/- (Rupees Twenty Five Thousand only) towards

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Traveling/ Conveyance and Attendant Charges/ nutritious food

as against Rs.15,000/- (Rupees Fifteen Thousand only) and

Rs.20,000/- (Rupees Twenty Thousand only) towards

discomfort and loss of amenities of life as against Rs.15,000/-

(Rupees Fifteen Thousand only) awarded by the Tribunal.

The amount of Rs.50,000/- (Rupees Fifty Thousand only)

towards Pain and Sufferings, Rs.13,578/- (Rupees Thirteen

Thousand Five Hundred and Seventy Eight only) towards

Medical expenses awarded by the Tribunal remains intact.

It is noticed that the Tribunal has awarded Rs.20,000/-

(Rupees Twenty Thousand only) towards loss of income during

period of treatment/ rest. Therefore, this Court deems it

appropriate to award Rs.26,000/- (Rupees Twenty Six

Thousand only) [Rs.6,500/- X 4 months = 26,000] as against

Rs.20,000/- (Rupees Twenty Thousand only).

Similarly, this Court deems it appropriate to award

Rs.1,16,953/- (Rupees One lakh Sixteen Thousand Nine

Hundred and Fifty Three only) [6,500 X 8.33 X 12 X 18/100]

towards loss of future income as against Rs.90,072/- (Rupees

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Ninety Thousand and Seventy Two only) awarded by the

Tribunal.

7. Accordingly, this Court re-determines the

compensation as under:-

1. Pain and Sufferings 50,000 Rs.50,000/-

2. Medical Expenses 13,578 Rs.13,578/-

3. Traveling/ Conveyance 15,000 + 10,000 Rs.25,000/-

   Attendant         Charges/
   Nutritious food
   (10,000 + 5,000)
4. Loss of Income during                6,500 X 4        Rs.26,000/-

   period      of   treatment/

   rest

5. Future loss of income         90,072 + 26,881        Rs.1,16,953/-

6. Towards discomfort and        15,000 + 5,000          Rs.20,000/-
   loss of amenities of life
                                              Total:    Rs.2,51,531/-

     (Less) Compensation awarded by the                 -Rs.2,03,650/-
                                           Tribunal:
      Enhanced compensation awarded by                   Rs.47,881/-
                                          this Court:

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Having regard to the facts and circumstances of the case

and the prevailing rate of interest during the relevant time, this

Court deems it appropriate to award interest at the rate of 6%

per annum on the enhanced compensation amount from the

date of claim petition till realization.

8. Hence, the following:

ORDER

1. The Miscellaneous First appeal is

allowed in part and the Judgment

dated:01.01.2016 passed by the Court of Senior

Civil Judge and M.A.C.T, Kadur, Chikmagalur in

M.V.C No.74/2012 is modified to the extent stated

hereinabove.

2. The claimant is entitled for the enhanced

compensation of Rs.47,881/- (Rupees Forty Seven

Thousand Eight Hundred and Eighty One only) with

interest at the rate of 6% per annum from the date

of the claim petition till the date of realization.

3. The second respondent - Insurance

Company shall deposit the enhanced compensation

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amount along with 6% interest within a period of

two months from the date of receipt of the certified

copy of this Judgment.