Karnataka High Court
Sri. Girish. G. V vs Nishara Public School on 6 November, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2024:KHC:44874
MFA No. 8677 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
MISCELLANEOUS FIRST APPEAL NO. 8677 OF 2018
(MV-I)
BETWEEN:
1. SRI. GIRISH. G. V.
S/O. VEERABHADRAIAH,
AGED ABOUT 26 YEARS,
GOTTIGEHALLI POST,
HAROHALLI HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT.
...APPELLANT
(BY SRI. UDAYA KUMAR R L., ADVOCATE)
AND:
1. NISHARA PUBLIC SCHOOL
NO.22/3, KANAKAPURA MAIN ROAD,
NO. 25/1, 6TH MAIN ROAD,
PATTA EDDY PALYA, KAGLIPURA,
Digitally signed BENGALURU-560 082.
by KIRAN KUMAR
R ...RESPONDENT
Location: HIGH (BY SRI. N.GOPALAKIRHSNA., ADVOCATE)
COURT OF
KARNATAKA THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 30/04/2018,
PASSED IN MVC NO.6798/2016, ON THE FILE OF THE XXI
ADDITIONAL SMALL CAUSES JUDGE & XIX ACMM., MEMBER,
MACT, BENGALURU (SCCH-23), PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR AMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2024:KHC:44874
MFA No. 8677 of 2018
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. Being aggrieved by the award of compensation of
Rs.1,50,727/-, the claimant is in appeal.
2. The accident, which occurred on 16.08.2016, is not
in dispute. The liability of the insurer to satisfy the claim
petition is also not in dispute.
3. The Tribunal, on assessment of the evidence, has
awarded the following sums as compensation:
Sl. Amount
Nature of Heads
No. (In Rs.)
1. Pain and suffering 40,000/-
2. Medical expenses 85,727/-
Conveyance, nourishment and
3. 25,000/-
nutritious food
Total 1,50,727/-
4. While awarding the compensation, the Tribunal has
refused to award any sum towards loss of future earnings
on the ground that the claimant was working as an
Accountant and he had not produced any documents to
NC: 2024:KHC:44874
show that as a result of injuries, he has become incapable
of continuing his employment or that he was terminated
from his employment.
5. The Tribunal has, however, recorded a finding that,
as per the wound certificate, discharge summary and
other hospital records, the claimant had suffered a blunt
fracture of the left vertebra and a fracture to the superior
end plate L2, under waist posterior decompression and
stabilization. It has also recorded a finding that he was
hospitalized at Jayanagar Orthopedic center and
underwent surgery.
6. The doctor who was examined stated that as a result
of the injuries, the claimant had suffered disability to the
extent of 15% to the whole body. Though this doctor was
not the treating doctor, in my view, it would be
appropriate to treat the whole body disability at 10%,
having regard to the fact that the claimant had suffered a
fracture to his vertebra and underwent surgery.
NC: 2024:KHC:44874
7. There is no evidence of the actual income earned by
the claimant. Hence, sum of Rs.9,500/- determined by
the Karnataka State Legal Services Authority for the
accident of the year 2016 will have to be adopted. Since
the claimant was aged 24 years, a multiplier of '18' will
have to be applied. Consequently, the claimant would be
entitled to a sum of Rs.2,05,200/- (Rs.9,500/- x 12 x '18'
x 10%) towards loss of future earnings.
8. The Tribunal has awarded a sum of Rs.40,000/-
towards pain and suffering and has not awarded any sums
towards loss of amenities. In my view, it would be
appropriate to award a sum of Rs.50,000/- towards pain
and suffering and Rs.50,000/- towards loss of
amenities.
9. The sum of Rs.85,727/- awarded towards medical
expenses being based on documentary evidence is
confirmed.
NC: 2024:KHC:44874
10. Similarly, sum of Rs.25,000/- awarded towards
conveyance, nourishment and other incidental
expenses being just and proper, is also confirmed.
11. The Tribunal has not awarded any sum towards loss
of income during the laid up period. In my view, it
would be appropriate to treat the laid up period as two
months and award a sum of Rs.19,000/- [Rs.9,500/- x 2].
12. Consequently, the award of the Tribunal is modified
and the claimant would be entitled to the following
compensation:
As awarded As
Sl. by the awarded by
Nature of Heads
No. Tribunal this Court
(In Rs.) (In Rs.)
1. Pain and sufferings 40,000/- 50,000/-
Nil 2,05,200/-
2. Loss of future income (Rs.9,500/- x 12
x '18' x 10%)
3. Medical expenses 85,727/- 85,727/-
Loss of income during Nil 19,000/-
4. [Rs.9,500/- x 2]
the laid up period
Conveyance, food,
5. nourishment, attendant 25,000/- 25,000/-
charges
6. Loss of amenities in life Nil 50,000/-
Total : 1,50,727/- 4,34,927/-
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13. Thus, the claimant is held entitled to the total
compensation of Rs.4,34,927/- as against Rs.1,50,727/-,
along with interest at the rate of six per cent per annum
from the date of petition till its realization.
14. 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.
15. The apportionment, deposit and release of the
enhanced compensation amount shall be made as per the
ratio adopted by the Tribunal.
The appeal is accordingly allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
RK
CT: SN
