Karnataka High Court
Sri.Bharath S/O Megharaj vs Sri.Mahesh R.M.S/O Menji Gouda on 27 May, 2024
Author: S G Pandit
Bench: S G Pandit
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MFA No.104135 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH DAY OF MAY, 2024
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
MISCELLANEOUS FIRST APPEAL NO.104135 OF 2018 (MV-I)
BETWEEN:
SRI BHARATH S/O. MEGHARAJ,
AGE: 21 YEARS, OCC: HE WAS A STUDENT,
NOW HE DISCONTINUED BECAUSE OF
INJURIES IN THE ACCIDENT.
SINCE THE PETITIONER IS
PHYSICALLY AND MENTALLY
DISABLED, FOR WHICH, THE
PETITIONER IS REPRESENTED
BY HIS NATURAL GUARDIAN
AND FATHER SRI MEGHARAJ,
S/O. LATE CHANDRANNA,
Digitally signed AGE: 42 YEARS, OCC.: COOLIE,
by ROHAN
HADIMANI T R/O. DHOBI STREET, BEHIND COWL
Location: HIGH BAZAAR POLICE STATION,
COURT OF COWL BAZAAR, BALLARI-583101.
KARNATAKA - APPELLANT
(BY SRI HANUMANTHAREDDY SAHUKAR, ADVOCATE)
AND:
1. SRI MAHESH R.M. S/O. MENJI GOUDA,
AGE. 28 YEARS, OCC. DRIVER
OF THE LORRY KL-59/B-8757,
R/O. RAKAGHATTA VILLAGE,
WARD NO.1, HASSAN-583201.
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MFA No.104135 of 2018
2. SMT.GIRIJA W/O. MANJU,
AGE:42 YEARS, OCC:OWNER
OF THE LORRY KL-59/B-8757,
R/O. RAILWAY STATION,
RAKAGHATTA VILLAGE,
WARD NO.1 HASSAN-583201.
3. THE DIVISIIONAL MANAGER,
M/S. ORIENTAL INSURANCE COMPANY LIMITED,
2ND FLOOR, SLV TOWER, PARVATHI NAGAR,
MAIN ROAD, BALLARI-583101.
- RESPONDENTS
(BY SRI S.S. KOLIWAD, ADVOCATE FOR R3,
NOTICE TO R1 & R2 IS DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, AGAINST
THE JUDGMENT AND AWARD DATED 31.07.2018 PASSED IN
MVC NO.1326/2016 ON THE FILE OF THE II ADDITIONAL
DISTRICT AND SESSIONS JUDGE AND MEMBER, MOTOR
ACCIDENT CLAIMS TRIBUNAL-XII, BALLARI, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION & ETC.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, G BASAVARAJA, J., DELIVERED THE
FOLLOWING:
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MFA No.104135 of 2018
JUDGMENT
Though this appeal is listed for admission, with consent of
both learned counsel, appeal is taken up for final disposal.
2. The appellant/claimant, represented by his natural
guardian father, is before this Court dissatisfied with the
quantum of compensation under judgment and award dated
31.07.2018 in M.V.C. No. 1326/2016 on the file of the learned
II Addl. Dist. & Sessions Judge and Member, MACT-XII, Ballari
(for short 'Tribunal'), praying for enhancement of
compensation.
3. Heard Sri Hanumanthreddy Sahukar, learned counsel for
appellant/claimant and Sri S.S. Koliwad, learned counsel for
respondent no.3/insurer and perused the appeal papers along
with original records.
4. The appellant/claimant filed a claim petition under
Section 166 of M.V. Act claiming compensation for the injuries
sustained in the road traffic accident that occurred on
16.02.2016 involving lorry bearing registration No. KL-59-B-
8757.
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5. On service of notice, respondents No.1 to 3 appeared
through their respective counsel. Respondents No.1 and 3
have filed their separate written statements so as to resist the
claim petition. Respondent No.3 has specifically contended that
the accident was caused due to the negligent act of the
petitioner himself and not on account of the negligent act of the
first respondent. Third respondent has denied the petition
averments and further contended that the respondent No.1 was
not having valid driving licence to drive the vehicle involved in
the accident at the time of accident. On all these grounds
sought for dismissal of the claim petition.
6. To substantiate the case of the claimant, two witnesses
were examined as PWs.1 and 2 and 71 documents were
marked as Exs.P.1 to P.71 whereas respondents examined one
witness as R1 and got marked copy of the insurance policy as
Ex.R.1. The tribunal on assessment of the entire material on
record, awarded a total compensation of Rs.7,62,440/- with
interest at 7% p.a. from the date of passing the award, failing
which, it shall carry interest at the rate of 9% p.a. from the
date of filing claim petition till its realization, on the following
heads.
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1. For pain and suffering 40,000.00
2. For medical expenses, surgery and 80,200.00
treatment
3. For food, nourishment, conveyance 20,000.00
and attendant charges
4. For loss of income during the period 32,000.00
of hospitalization and treatment
5. For loss of amenities 20,000.00
6. For loss of future income 5,70,240.00
Total 7,62,440.00
7. Not being satisfied with the quantum of compensation,
the claimant is before this Court praying for enhancement of
compensation.
8. Sri Hanumanthreddy Sahukar, learned counsel for the
appellant/ claimant would submit that compensation awarded
by the Tribunal is on the lower side. The Tribunal has not
considered the grievous injuries caused to the petitioner and
also the Tribunal has assessed notional income of the petitioner
only at the rate of Rs.8,000/- per month instead of Rs.25,000/-
per month as the appellant was studying in I.T.I. II Year
(Electrical Branch) at Balaji Technical Institute.
9. The neuro-psychologist examined by the petitioner has
stated that neuro-behavioral and cognitive disabilities at
47.28% and it took three hours for assessment of disability but
the Tribunal has taken only 33% disability which is contrary to
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the medical evidence. The Tribunal has not awarded any
compensation for loss of marriage prospects. On all these
grounds, sought for enhancement of compensation.
10. Sri S.S. Koliwad, learned counsel for respondent no.3-
Insurance Company submits that compensation awarded by the
Tribunal on all the heads are just and proper which needs no
interference. Thus, he prays for dismissal of the appeal.
11. Having heard the learned counsel for the parties and on
perusal of appeal papers along with original records, the only
points that would arise for consideration are:
1) Whether the claimant would be entitled for
enhanced compensation in the facts and circumstances of
the case?
2) What order?
12. Our answers to the above points are as under:
Point no.1 : Partly in the affirmative
Point no.2 : As per final order
REASONS
13. We have carefully examined the materials on record. We
have also perused of Ex.P.10-disability certificate and discharge
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summary-Ex.P.10(a) wherein PW2-Doctor has given final
opinion as under:
Combined neurobehavioral & cognitive disabilities
Cognitive disability = 28%
Neurobehavioral disability = 28%
As per DGHS telescopis cum formula
= a + b (90-a)/90 (where a = 28 and b = 28)
= 28 + 28 (90-28)/90 = 47.28%
Hence the combined neurobehavioral
& cognitive disabilities = 47.28%
14. Considering the evidence placed by the claimant, the
Tribunal has assessed disability at 33% which is quite just and
reasonable and needs no interference in this appeal.
15. With regard to the income of the claimant/injured is
concerned, the Tribunal has assessed income of the petitioner
at Rs.96,000/- per year. At the time of accident, the petitioner
was aged 19 years, studying in I.T.I. II year (electrical branch)
at Balaji Technical Institute. The injured was studying I.T.I.
Certificate course and he was yet to complete his course. No
material is placed on record to show the job opportunities to
I.T.I. Certificate holder. On completion of I.T.I. Course one
would become skilled worker. Considering the age and the
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course that is being studied by the injured it is just and proper
to assess income of the injured at Rs.9,000/- per month. The
Tribunal has properly applied the multiplier of '18' as per the
decision of the Hon'ble Apex Court in the case of Sarla Verma
& Ors vs Delhi Transport Corp. & Anr reported in AIR 2009
SC 3104. Thus, the claimant is entitled for compensation of
Rs.6,41,520/- (Rs.9,000/- x 12 x 18 x 33%) for loss of future
income.
16. The claimant was admitted to VIMS, Ballari as inpatient
from 16.02.2016 to 22.03.2016 and later on shifted to
NIMHANS, Bengaluru and also taken treatment with private
Doctors on account of the grievous injuries sustained in the
accident that occurred on 16.02.2016. Considering the nature
of injuries, period of treatment as inpatient in VIMS, Ballari and
NIMHANS, Bengaluru, we are of the considered opinion that it
is just and proper to enhance the compensation to the injured
on the head of pain and suffering from Rs.40,000/- to
Rs.60,000/-; food, nourishment, conveyance and attendant
charges from Rs.20,000/- to Rs.30,000/-; loss of amenities
from Rs.20,000/- to Rs.50,000/-. As we have re-assessed the
income of the injured at Rs.9,000/- per month, the claimant
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would be entitled for Rs.36,000/- (Rs.9,000/- x 4) instead of
Rs.32,000/- on the head of loss of income during
hospitalization and treatment. The claimant would be entitled
for the following modified compensation.
1. For pain and suffering 60,000.00
2. For medical expenses, surgery and 80,200.00
treatment (as awarded by the
Tribunal)
3. For food, nourishment, conveyance 30,000.00
and attendant charges
4. For loss of income during the period 36,000.00
of hospitalization and treatment
5. For loss of amenities 50,000.00
6. For loss of future income 6,41,520.00
Total 8,97,720.00
17. Thus, the claimant/injured is entitled to total
compensation of Rs.8,97,720/- as against Rs.7,62,440/-
awarded by the Tribunal.
18. In the result, we pass the following order.
ORDER
a) The appeal is allowed in part.
b) The impugned judgment and awarded passed by the
Tribunal is modified to an extent that the claimant
would be entitled to total compensation of
Rs.8,97,720/- as against Rs.7,62,440/- awarded by
the Tribunal.
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c) The enhanced compensation amount shall carry
interest at the rate of 6% per annum from the date of
petition till date of payment;
d) Respondent No.3-insurer shall deposit the enhanced
compensation amount along with accrued interest
before the Tribunal within a period of six weeks from
the date of receipt of certified copy of this judgment.
e) On such deposit, the said amount shall be apportioned
in favour of the claimant as per the award of the
Tribunal.
f) Registry to transmit the records to the tribunal
forthwith.
g) Draw modified award accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
BVV
