Karnataka High Court
The Manager vs P Ravi on 6 November, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:44915
MFA No. 7592 of 2016
C/W MFA No. 1180 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MFA NO. 7592 OF 2016 C/W
MFA NO. 1180 OF 2018 (MV-I)
IN MFA No. 7592/2016
BETWEEN:
THE MANAGER
M/S THE ORIENTAL INSURNACE
COMPANY LIMITED, DIVISIONAL OFFICE
S S COMPLEX, SUBHASH SQUARE
HASSAN-573 201, THROUGH ITS
REGIONAL OFFICE, 2ND FLOOR
SUMANGALA COMPLEX
LAMINGTON ROAD, HUBLI-580 020
REP. BY ITS REGIONAL MANAGER ...APPELLANT
(BY SRI. B S UMESH., ADV.)
Digitally signed AND:
by KIRAN KUMAR
R 1. P RAVI
Location: HIGH S/O PUTTARAJEGOWDA
COURT OF
KARNATAKA AGED ABOUT 27 YEARS
R/AT PEMMANAHALLI
MALLIPATNA HOBLI
ARKALGUD TALUK
HASSAN DISTRICT
NOW R/AT C/O NAGANNA
9TH CROSS, CHANNAPATNA
EXTENSION WARD NO.34
H.N.PURA ROAD
HASSAN TOWN-573 201
-2-
NC: 2024:KHC:44915
MFA No. 7592 of 2016
C/W MFA No. 1180 of 2018
2. ASHOKA G R
S/O RANGASWAMI
AGE MAJOR, EXACT NOW
KNOWN TO APPELLANT
R/AT #11, D.A.R. POLICE QUARTERS
HOSALINE ROAD, HASSAN-573 201 ...RESPONDENTS
(BY SMT. KAVITHA H C., ADV. FOR R1;
R2 SERVED)
MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 11.07.2016
PASSED IN MVC NO.765/2015 ON THE FILE OF THE 5TH
ADDITIONAL DISTRICT & SESSIONS JUDGE, ADDITIONAL
MACT, HASSAN, AWARDING COMPENSATION OF Rs.8,44,461/-
WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL
PAYMENT.
IN MFA NO. 1180/2018
BETWEEN:
P RAVI
S/O PUTTARAJEGOWDA
AGED ABOUT 28 YEARS
PEMMANAHALLI, HIREHALLI VILLAGE
MALLIPATNA HOBLI, ARKALAGUDU
TALUK HASSAN - 573 201
PRESENTLY R/O P R RAVI
C/O NAGANNA, 9TH CROSS
CHANNAPATNA, EXTENSION
WARD NO 34, H N PURA ROAD
HASSAN - 573 201 ...APPELLANT
(BY SMT. KAVITHA H C., ADV.)
AND:
1. ASHOKA G R
S/O RANGASWAMI , # 11 D A R
POLICE QUARTERS HOSALINE ROAD
-3-
NC: 2024:KHC:44915
MFA No. 7592 of 2016
C/W MFA No. 1180 of 2018
HASSAN - 573 201
(OWNER OF THE TVS STAR
CT BIKE BEARING REGISTRATION
NO KA-13-EC-9312)
2. THE MANAGER
ORIENTAL INSURANCE COMPANY LTD
DIVISIONAL OFFICE, S S COMPLEX
SUBHASH SQUARE, HASSAN - 573 201 ...RESPONDENTS
(BY SRI.B.S.UMESH, ADV. FOR R2;
VIDE ORDER DATED 6.11.2024,
NOTICE TO R1 IS HELD SUFFICIENT)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 11/07/2016
PASSED IN MVC NO.765/2015 ON THE FILE OF THE 5TH ADDL.
DISTRICT AND SESSIONS JUDGE AND ADDL. MACT, HASSAN,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. The claimant as well as the insurer are in appeal.
While the insurer contends that the sums awarded as
compensation are excessive, the claimant contends that
the sums awarded are on the lower side.
2. The occurrence of the accident and the liability of the
insurer to satisfy the compensation are not in dispute.
NC: 2024:KHC:44915
3. The Tribunal has recorded a finding that the claimant
had suffered a fracture to the right femur i.e., supra
condylar and intra condylar. The Doctor who was
examined has stated that the claimant had suffered
disability to the extent of 32% to the right lower limb.
However, the Tribunal has thereafter proceeded to
determine the whole body disability at 32%, which is
obviously incorrect.
4. Since the claimant has suffered a fracture to his
femur at two places, it would be appropriate to treat the
whole body disability at 15% as against 32%.
5. The Tribunal has assessed the notional income of the
claimant at Rs.5,000/- as there was no actual proof of
income. However, learned counsel for the insurer points
out that though the claimant had contended that he was
working in a private company and also carrying on
agricultural activities, he had not produced any document
to indicate that either he had been terminated or had lost
NC: 2024:KHC:44915
his regular source of income and, therefore, the
assessment of income was incorrect.
6. In my view, this argument cannot be accepted. The
claimant did contend in the claim petition that he was
working in a private company and was also carrying
agricultural activities.
7. Merely because the claimant was working in a private
company, that cannot lead to an inference that he would
have records to show that he was engaged in a company.
In cases of this nature, a pragmatic view has to be taken
and when the claimant contended that he was working in a
private company along with carrying on agricultural
activities, it will have to be assumed that he was having an
avocation and earning his livelihood. In that view of the
matter, it would be appropriate to adopt the notional
income determined by the Karnataka State Legal Services
Authority, which, for the accident of year 2015, would be
Rs.9,000/-. The claimant was aged 24 years and
therefore, the multiplier to be adopted would be 18. Thus,
NC: 2024:KHC:44915
the claimant would be entitled to Rs.2,91,600/-
(Rs.9,000/- X 12 X 18 X 15%) towards loss of earning
capacity.
8. The Tribunal has awarded a sum of Rs.50,000/-
towards pain and sufferings and a sum of Rs.50,000/-
towards future prospects. Since the claimant was
hospitalized for more nearly two months, which is borne
out from the discharge summary issued by Janapriya
Hospital on two occasions and by the KMC Hospital,
Manipal, it would be appropriate to award a sum of
Rs.75,000/- towards pain and sufferings and
Rs.75,000/- towards loss of future prospects.
9. The Tribunal has awarded a sum of Rs.10,000/-
towards attendant charges and has not awarded any sums
towards loss of income during laid up period. As already
noticed above, since the claimant was hospitalized for
nearly two months, it would be appropriate to award a
sum of Rs.50,000/- towards conveyance, food,
nourishment and attendant charges and it would also be
NC: 2024:KHC:44915
appropriate to treat the laid up period as four months and
consequently, the claimant would be entitled to
Rs.36,000/- (Rs.9,000/- X 4 months) towards loss of
income during laid up period.
10. The amount of Rs.3,58,861/- awarded towards
medical expenses and Rs.30,000/- awarded towards
future medical expenses, being based on documentary
evidence, are affirmed.
11. Consequently, the award of the Tribunal is modified
and the following sums are awarded as compensation:
As As
awarded awarded
Sl. Compensation
by the by this
No. under different
Tribunal Court
Heads
(Rs.) (Rs.)
1. Pain and sufferings 50,000 75,000
Loss of future 3,45,600 2,91,600
2.
earnings
3. Medical expenses 3,58,861 3,58,861
4. Loss of income Nil 36,000
during the laid up
NC: 2024:KHC:44915
period
Conveyance, 10,000 50,000
5. nourishment and
nutritious food
Loss of future 50,000 75,000
6. prospects/loss of
amenities in life
Future medical 30,000 30,000
7.
expenses
Total 8,44,461 9,16,461
12. Accordingly, the claimant is held entitled for
compensation of Rs.9,16,461/- as against Rs.8,44,461/-
along with interest at the rate of 6% p.a. from the date of
petition till its realisation. However, the claimant would not
be entitled for interest for the delayed period of 481 days.
13. 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.
14. The apportionment of the amount of compensation
shall be in terms of the award of the Tribunal.
NC: 2024:KHC:44915
15. The appeal of the claimant is accordingly allowed in
part.
16. The appeal of the insurer is accordingly disposed of.
The amount in deposit shall be transferred to the Tribunal.
Sd/-
(N S SANJAY GOWDA)
JUDGE
PKS
