Karnataka High Court
Mr. Rangappa vs Kumar. V. H on 5 November, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:44905
MFA No. 7684 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 7684 OF 2018
(MV-I)
BETWEEN:
1. MR. RANGAPPA
S/O. YELLAPPA,
AGED ABOUT 62 YEARS,
AGRICULTURIST AND COOLI,
R/O. SEVA NAGAR,
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT.
...APPELLANT
(BY SRI. K V SATEESHCHANDRA., ADVOCATE)
AND:
1. KUMAR. V. H.
S/O. CHANNABASAPPA,
OWNER OF GITHA ANJANAYA BUS,
Digitally signed
by KIRAN R/O. SHREE GITHA ANJANAYA MOTOR SERVICE,
KUMAR R NO. 3245/2, 11TH MAIN, M.C.C. B-BLOCK,
Location: HIGH DAVANAGERE TOWN, PIN-577 004.
COURT OF
KARNATAKA
2. THE BRANCH MANAGER
NATIONAL INSURANCE CO. LTD.,
SHIVANARADAMUNI PLAZA,
M.C.C. B-BLOCK,
MEDICAL COLLEGE ROAD,
DAVANAGERE DISTRICT,
PIN-577 004.
...RESPONDENTS
(BY SRI.A.M.VENKATESH., ADVOCATE FOR R-2;
SRI.H.B.NAGARAJU., ADVOCATE FOR R-1)
-2-
NC: 2024:KHC:44905
MFA No. 7684 of 2018
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:23.01.2018
PASSED IN MVC NO.479/2016 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND MACT, CHANNAGIRI, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. Being dissatisfied with the award of compensation of
Rs.73,320/-, the claimant, who has travelling as an
inmate of the bus, is in appeal seeking enhancement.
2. The occurrence of the accident and the liability to
pay compensation by the Insurer are not in dispute.
3. The Tribunal has come to the conclusion that the
claimant has suffered disability to the extent of 8%
to the whole body. The doctor who has examined
the claimant has stated that he has suffered fracture
of right femur. In my view, in the light of this
NC: 2024:KHC:44905
evidence, it would be appropriate to treat the whole
body disability at 15% as against 8%.
4. The Tribunal has taken the notional income of the
claimant as Rs.6,000/-, since there was no evidence
to that effect. As the Karnataka State Legal Services
Authority has determined the notional income as
Rs.9,000/- for the accident of the year 2015, it would
be appropriate to determine the notional income of
the claimant at Rs.9,000/-.
5. Since the claimant was aged 65 years, the
appropriate multiplier would be '7'. Consequently,
the claimant would be entitled to a sum of
Rs.1,13,400/- (Rs.9,000/- X 12 X '7' X 15%) towards
'loss of future earnings'.
6. The Tribunal has awarded Rs.15,000/- towards 'pain
and suffering and Rs.10,000/- towards 'loss of
amenities'. Having regard to the nature of injuries
suffered by the claimant, it would be appropriate to
award Rs.75,000/- each under the said heads.
NC: 2024:KHC:44905
7. The Tribunal has not awarded any amount towards
'loss of earnings during laid up period'. Having regard
to the disability suffered by the claimant at 15%, it
would be appropriate to treat the laid-up period as
three months and consequently, the claimant would
be entitled to a sum of Rs.27,000/- (Rs.9,000/- X 3
months) towards 'loss of earnings during laid up
period'.
8. As regards Rs.8,000/- awarded towards medical
expenses, the same being awarded based on
documentary evidence is just and proper and is
accordingly affirmed.
9. Consequently, the award of the Tribunal is modified
and the following sums are awarded as
compensation:
As awarded As awarded
Sl. Compensation under by the by this Court
No. different Heads Tribunal (Rs.)
(Rs.)
1. Pain and sufferings 15,000/- 75,000/-
Loss of future 40,320/- 1,13,400/-
2.
earnings
3. Medical expenses 8,000/- 8,000/-
NC: 2024:KHC:44905
Loss of income during Nil 27,000/-
4.
the laid up period
Loss of amenities in 10,000/- 75,000/-
5.
life
Total 73,320/- 2,98,400/-
10. Accordingly, the claimant is held entitled for
compensation of Rs.2,98,400/- as against
Rs.73,320/- along with interest at the rate of 6%
p.a. from the date of petition till its realisation.
11. The Insurance Company is directed to deposit the
amount of compensation awarded within two months
from the date of receipt of a certified copy of this
judgment.
12. The claimant is entitled to withdraw the entire
compensation amount along with interest accrued
therein.
13. This appeal is accordingly allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
HNM
