Karnataka High Court
Sannayya Hebbar vs Town Municipal Council on 5 November, 2024
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NC: 2024:KHC:44484
MFA No. 6353 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.6353 OF 2021(MV-I)
BETWEEN:
SANNAYYA HEBBAR,
AGED ABOUT 74 YEARS,
S/O LATE SHANKAR HEBVBAR,
R/O NEAR SRIDEVI NURSING HOME,
A. K. G. ROAD, VODERHOBLI VILLAGE,
KUNDAPURA-576 201, UDUPI DISTRICT.
...APPELLANT
(BY SRI. VYASA RAO K.S., ADVOCATE)
AND:
1. TOWN MUNICIPAL COUNCIL,
KUNDAPURA,
REPRESENTED BY ITS CHIEF OFFICER,
KUNDAPURA-576 201, UDUPI DISTRICT.
Digitally signed 2. SATHISH,
by AASEEFA AGED ABOUT 59 YEARS,
PARVEEN FATHER NAME NOT KNOW,
Location: HIGH R/O AMBEDKAR COLONY,
COURT OF JLB ROAD, VODERHOBLI VILLAGE,
KARNATAKA KUNDAPURA-576 201.
UDUPI DISTRICT.
3. NATIONAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE,
UDUPI-576 101.
REPRESENTED BY ITS DIVISIONAL MANAGER.
...RESPONDENTS
(BY SRI. K.N. SRINIVASA, ADVOCATE FOR R3; V/O. DTD
20.06.2023, NOTICE TO R1 AND R2 IS DISPENSED WITH)
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NC: 2024:KHC:44484
MFA No. 6353 of 2021
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 29.02.2020 PASSED IN
MVC NO. 150/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Ms.Ananya who represents Sri.Vyasa Rao.K.S,
learned counsel on record for the appellant who appears
physically before this Court. Also heard Sri.K.N.Srinivasa,
learned counsel for respondent No.3 who appears through
video conference.
2. This appeal is the outcome of the order that is
rendered by the Additional Motor Accidents Claims
Tribunal, Kundapura in MVC No.150/2017 dated
29.02.2020. This is a claimant's appeal.
3. The claimant who was admittedly aged about
71 years by the date of accident moved an application
claiming compensation of Rs.10,00,000/- on the ground
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that he sustained injuries in a road traffic accident and
became permanently and completely disabled. The
Tribunal which dealt with the matter awarded a sum of
Rs.1,50,384/- as compensation divided under following
heads:
Sl. Description Amount
No
1 Loss of income due to
39,600
disability
2 Towards pain and suffering 40,000
3 Towards medical expenses 22,784
4 Towards conveyance, diet
15,000
and attendants charges
5 Towards loss of income
18,000
during laid up period
6 Loss of amenities in life 15,000
Total Rs.1,50,384
4. Ms.Ananya, arguing the matter, submits that
the appellant was a teacher by profession and he retired
from service. He was taking tuitions for children and was
earning a sum of Rs.20,000/- p.m. However, the Tribunal
taking the notional income of the appellant as Rs.6,000/-
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p.m. awarded meager sum as compensation. Learned
counsel also states that the sum awarded as compensation
under all other heads is also grossly low.
5. The submission that is made by
Sri.K.N.Srinivasa on the other hand is that the appellant is
still getting pension and thus there is no loss of earnings.
Learned counsel states that the Tribunal having considered
the evidence produced, awarded justifiable sum as
compensation and therefore, the appeal is not
maintainable. However, learned counsel also states that
there may be marginal enhancement.
6. Admittedly, no proof was whatsoever was
produced by the appellant before the Tribunal to show that
by taking tuitions to children he was earning Rs.20,000/-
p.m. as contended. However, having considered the fact
that there is open fracture of terminal phalanx and two
other simple injuries for which the appellant took
treatment including wound debridment and repair of
extended tendon, this Court is of the view that the
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appellant would have taken bed rest at least for a period
of 4 months. Also the sum awarded under the heads
conveyance, diet and attendant charges and loss of
amenities in life is grossly low. Further there is
requirement to enhance the amount awarded under the
head loss of income during laid up period. Therefore, this
Court is of the view that globally, a sum of Rs.65,000/- is
required to be awarded, in addition to the sum that is
granted by the Tribunal, so that the compensation that the
appellant receives would become justifiable.
7. Thus the appeal is disposed of with the
following:
ORDER
(i) The appeal is allowed in part.
(ii) The compensation that is granted by the
Additional Motor Accidents Claims Tribunal,
Kundapura through orders in MVC
No.150/2017 dated 29.02.2020 is
enhanced by Rs.65,000/-.
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(iii) The enhanced sum shall carry interest at
the rate of 6% p.a. from the date of
petition till the date of deposit.
(iv) Respondent No.3 is directed to deposit the
enhanced sum within a period of 8(eight)
weeks from the date of receipt of copy of
this order.
(v) On such deposit, the appellant is permitted
to withdraw the entire amount.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
NS
CT:TSM
