Karnataka High Court

Mr Ashoka vs Mr B T Jagadeesh on 6 March, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

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                                                            NC: 2024:KHC:9496
                                                        MFA No. 7266 of 2016




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 6TH DAY OF MARCH, 2024

                                             BEFORE
                            THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                   MISCELLANEOUS FIRST APPEAL NO.7266 OF 2016(MV-I)
                   BETWEEN:

                   MR. ASHOKA
                   S/O MR.JAYAPPA,
                   AGED ABOUT 31 YEARS,
                   MOTOR BIKE MECHANIC,
                   MATADAKURUBARAHATTI,
                   CHITRADURGA-577 501.
                                                                 ...APPELLANT
                   (BY SRI. SHASHIKANTH PRASAD., ADVOCATE)

                   AND:

                   1.     MR. B.T.JAGADEESH
                          S/O MR.B.R.THIPPESWAMY,
                          OWNER MOTOR CYCLE (KA-16 EB-2699),
                          2ND CROSS, NEHARUNAGAR,
                          HOLALKERE ROAD,
Digitally signed by       CHITRADURGA-577 501.
THEJASKUMAR N
Location: HIGH
COURT OF            2.    ORIENTAL INSURANCE CO. LTD.,
KARNATAKA                 REP. BY THE BRANCH MANAGER,
                          BRANCH OFFICE, SHARADA COMPLEX,
                          CHITRADURGA-577 501.
                                                               ...RESPONDENTS
                   (R1 - SERVED
                     BY SRI. C.SHANKAR REDDY., 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: 16.10.2015
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                                               NC: 2024:KHC:9496
                                          MFA No. 7266 of 2016




PASSED IN MVC NO.27/2015 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE, CJM, MACT-III, CHITRADURGA.

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

Sri.K.Shashikanth Prasad., learned counsel for the

appellant 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 26th day of

July 2014, he was a pillion rider on the motorcycle bearing

Registration No.KA-16-EB-2699 and was going from K.K.Hatti

towards Chitradurga Town on his personal work, near MLA

Thippareddy's house on B.D.Road, at that point of time, the

rider rode the motorcycle in a rash and negligent manner,

suddenly applied brake and lost control over the same. As a

result of which the vehicle capsized. The claimant fell down and

sustained grievous injuries. Immediately, he was taken to

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Government Hospital, Chitradurga and thereafter he was

shifted to Basaveswara Hospital and admitted as in-patient. He

was subjected to surgery for fracture of tibia and fibula and

screws and plates were implanted and POP was applied. After

the discharged he took follow-up treatment. Contending that

the accident occurred due to the rash and negligent riding of

the motorcycle, 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 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:16.10.2015 partly allowed the

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

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

appeal.

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5. 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

a sum of Rs.40,000/- (Rupees Forty Thousand only) towards

pain and sufferings.

A further submission is made that the Tribunal has erred

in awarding meagre amount under other heads.

Lastly, he submits that viewed from any angle the

Tribunal has erred in awarding meagre compensation.

Therefore, he submits that the award of the Tribunal requires

interference and accordingly, prayed to allow the appeal.

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 with utmost care.

6. The point that would arise for consideration is

whether the Claimant is entitled for enhanced compensation?

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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 rider of the motorcycle.

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.

Similarly, this Court deems it appropriate to award

Rs.34,000/- (Rupees Thirty Four Thousand only) towards loss

of income during treatment and laid up period as against

Rs.28,000/- (Rupees Twenty Eight Thousand only).

The amount of Rs.51,000/- (Rupees Fifty One Thousand

only) towards Treatment expenses; Rs.25,000/- (Rupees

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Twenty Five Thousand only) towards Attendant and

nourishment; Rs.10,000/- (Rupees Ten Thousand only) towards

Conveyance and incidental charges and Rs.25,000/- (Rupees

Twenty Five Thousand only) towards future treatment expenses

including removal of implants awarded by the Tribunal remains

intact.

It is noticed that the Tribunal has awarded compensation

of Rs.1,74,720/- (Rupees One Lakh Seventy Four Thousand

Seven Hundred and Twenty only) towards permanent disability.

It is contended that the claimant was working as Mechanic and

was earning a sum of Rs.25,000/- (Rupees Twenty Five

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 30 years as on the date of

accident, hence the multiplier 17 is to be adopted. It is said

that the claimant has suffered total disability of 13%. Hence,

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the amount towards permanent disability is calculated as

under:

Rs.8,500/- X 12 X 17 X 13/100 = Rs.2,25,420/-

8. Accordingly, this Court re-determines the

compensation as under:-

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

2. Treatment Expenses 51,000 Rs.51,000/-

3. Permanent disability 2,25,420 Rs.2,25,420/-

4. Loss of income during 8,500 X 4 Rs.34,000/-

treatment and laid up period

5. Attendant and 25,000 Rs.25,000/-

nourishment

6. Conveyance and 10,000 Rs.10,000/-

incidental charges

7. Future treatment 25,000 Rs.25,000/-

   expenses        including
   removal of implants
                                             Total:    Rs.4,20,420/-

(Less) Compensation awarded by the -Rs.3,53,720/-

Tribunal:

Enhanced compensation awarded by Rs.66,700/-

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:16.10.2015

passed by the Court of Prl. Senior Civil Judge,

C.J.M., & MACT-III, Chitradurga in M.V.C

No.27/2015 is modified to the extent stated

hereinabove.

2. The claimant is entitled for the enhanced

compensation of Rs.66,700/- (Rupees Sixty Six

Thousand Seven 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 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.