Karnataka High Court

T P Rudresh vs Jamshed Hussain on 5 March, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

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                                                                NC: 2024:KHC:9243
                                                           MFA No. 7409 of 2016




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                               DATED THIS THE 5TH DAY OF MARCH, 2024
                                                BEFORE
                              THE HON'BLE MS. JUSTICE JYOTI MULIMANI

                      MISCELLANEOUS FIRST APPEAL NO.7409 OF 2016(MV-I)

                      BETWEEN:

                      T.P.RUDRESH
                      S/O M.PUTAMADIAH,
                      AGED ABOUT 27 YEARS,
                      R/AT NO.404, NEAR BAILUBASAVANNA TEMPLE,
                      BASAVESHWARANAGAR,
                      KENGERI, BANGALORE-560 060.
                                                                     ...APPELLANT
                      (BY SRI. R.LAKSHMANA., ADVOCATE)

                      AND:

                      1.    JAMSHED HUSSAIN
                            S/O MAHAMMED HUSSIAN,
                            R/AT NO.73, ITAWALI VILLAGE,
                            PAKWARA, MORADABAD,
                            UTTAR PRADESH.
Digitally signed by
THEJASKUMAR N         2.    THE NEW INDIA ASSURANCE CO. LTD.,
Location: HIGH
COURT OF                    REPRESENTED BY ITS MANAGER,
KARNATAKA                   MAHALAKSHMI CHAMBERS,
                            M.G.ROAD, BANGALORE-560 001.
                                                                 ...RESPONDENTS
                      (NOTICE TO R1-DISPENSED WITH V/O DATED:19.11.2021;
                        BY SRI. C.R.RAVISHANKAR., ADVOCATE FOR R2)

                           THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
                      SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, THE
                      JUDGMENT AND AWARD DATED: 10.09.2015 PASSED IN MVC
                      NO.3428/2014 ON THE FILE OF THE MEMBER, MACT, 16TH
                      ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU.
                                     -2-
                                                  NC: 2024:KHC:9243
                                              MFA No. 7409 of 2016




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

Sri.C.R.Ravishankar., learned counsel for respondent

No.2 has appeared in person.

2. Though the appeal is listed today for admission, it is

heard finally.

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

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

4. It is the case of the claimant that on the 5th day of

August 2014 at about 01:30 pm., he was riding his motorcycle

bearing Registration No.KA-50-J-3686 from Kengeri to Bidadi

on Bangalore - Mysore road slowly and cautiously. While

proceeding so, he came near 12th BMTC Bus depot road,

Kengeri and at that time, a Lorry bearing Registration No.UP-

21-AN-8293 driven by its driver came in rash and negligent

manner and hit against the claimant from behind. Due to the

impact, the claimant fell down and sustained fracture of both

bones of left forearm. Immediately, he was taken to

Rajarajeshwari Hospital, Mysore road, wherein first aid was

give and then, he was shifted to Hosmat Hospital, where in he

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was admitted as an in-patient and underwent surgery with

implants. He was discharged on 07.08.2014 with an advice for

regular follow up treatment and bed rest. Contending that the

accident occurred due to rash and negligent driving of the

offending vehicle, the claimant filed claim petition seeking

compensation.

In response to the notice, the first respondent remained

absent before the Tribunal and hence, he was placed ex-parte.

The second respondent Insurance Company appeared through

its counsel and filed statement of objections and denied the

petition averments. Among other grounds, it prayed for

dismissal of the petition.

Based on the above pleadings, the Tribunal framed

Issues, parties led evidence and marked the documents. The

Tribunal vide Judgment dated:10.09.2015 allowed the petition

in part. It is this Judgment that is called into question in this

appeal on several grounds as set-out in the Memorandum of

appeal.

5. Learned counsel for the appellant and respondent

No.2 have urged several contentions. Heard, the contentions

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urged on behalf of the respective parties and perused the

appeal papers with utmost care.

6. The point that would arise for consideration is

whether the claimant is entitled for enhanced compensation.

7. 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 offending vehicle.

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.50,000/- (Rupees Fifty Thousand only) towards pain and

sufferings as against Rs.40,000/- (Rupees Forty Thousand only)

awarded by the Tribunal.

The amount of Rs.60,000/- (Rupees Sixty Thousand only)

towards Medical expenses; Rs.20,000/- (Rupees Twenty

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Thousand only) towards Loss of amenities and Rs.30,000/-

(Rupees Thirty Thousand only) towards Future medical

expensed awarded by the Tribunal remains intact.

This Court deems it appropriate to award Rs.15,000/-

(Rupees Fifteen Thousand only) towards Nourishment,

conveyance and attendant charges as against Rs.10,000/-

(Rupees Ten Thousand only); Rs.25,500/- (Rupees Twenty Five

Thousand Five Hundred only) towards Loss of income during

laid up period as against Rs.21,000/- (Rupees Twenty One

Thousand only).

It is noticed that the Tribunal has awarded compensation

of Rs.1,42,800/- (Rupees One Lakh Forty Two Thousand Eight

Hundred only) towards Loss of future income. It is contended

that the claimant was working as a Coolie and earning a sum of

Rs.12,000/- (Rupees Twelve Thousand only) per month.

However, there is no proof of income. In the absence of any

proof of income, the chart prepared by the Legal Service

Authority must be taken into consideration. As per the chart, if

the accident is occurred in the year 2014, the salary of the

injured must be taken as Rs.8,500/- (Rupees Eight Thousand

Five Hundred only) per month. The age of the claimant was 26

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years as on the date of accident, hence the multiplier 17 is to

be adopted. It is said that the claimant has suffered permanent

disability to an extent of 30% to the left upper limb which is

permanent disability of 10% to whole body. Hence, the amount

towards loss of future income is calculated as under:

Rs.8,500/- X 12 X 17 X 10/100 = Rs.1,73,400/-.

8. Accordingly, this Court re-determines the

compensation as under:-

1. Pain and Sufferings 40,000 + 10,000 Rs.50,000/-

2. Medical expenses 60,000 Rs.60,000/-

3. Nourishment, 10,000 + 5,000 Rs.15,000/-

   conveyance            and
   attendant charges
4. Loss of income during              8,500 X 3        Rs.25,500/-

   laid up period

5. Loss of future income              1,73,400        Rs.1,73,400/-

6. Loss of amenities                   20,000          Rs.20,000/-

7. Future            medical           30,000          Rs.30,000/-
   expenses
                                            Total:    Rs.3,73,900/-

(Less) Compensation awarded by the -Rs.3,23,800/-

Tribunal:

Enhanced compensation awarded by Rs.50,100/-

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.

9. Hence, the following:

ORDER

1. The Miscellaneous First appeal is

allowed and the Judgment dated:10.09.2015

passed by the Motor Vehicles Accident Claims

Tribunal, Bengaluru City (SCCH-14) in M.V.C

No.3428/2014 is modified to the extent stated

hereinabove.

2. The claimant is entitled for the enhanced

compensation of Rs.50,100/- (Rupees Fifty

Thousand One Hundred 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 is directed to deposit the enhanced

compensation amount along with 6% interest

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within a period of two months from the date of

receipt of the certified copy of this Judgment.