Karnataka High Court
Mr Ramesh vs Sri Hanumanthaiah on 12 November, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:45988
MFA No. 2011 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO.2011 OF 2020(MV-I)
BETWEEN:
1. MR. RAMESH
S/O. SRINIVAS
AGED ABOUT 38 YEARS
R/OF NO.841, KHB COLONY
KENGERI UPANAGARA
KENGERI, BENGALURU-560 060.
...APPELLANT
(BY SRI B. CHANDRASHEKARAIAH, ADVOCATE)
AND:
1. SRI HANUMANTHAIAH
S/O. LATE THIBBAIAH
MAJOR
(AGE NOT KNOW TO APPELLANT)
Digitally signed R/OF BILIDEALAYA VILLAGE
by KIRAN KASABA HOBLI, KUNIGAL TALUK
KUMAR R
TUMKUR DISTRICT.
Location: HIGH
COURT OF
KARNATAKA 2. THE UNITED INDIA INSURANCE CO. LTD.
D.O.6TH FLOOR, KRUSHI BHAVAN
NRUPATHUNGA ROAD
HUDSON CIRCLE
BENGALURU-560 001.
...RESPONDENTS
(BY SMT. MANJULA N. TEJASWI, ADVOCATE FOR R-2;
VIDE ORDER DATED 11.04.2022, NOTICE TO R-1
IS DISPENSED WITH)
-2-
NC: 2024:KHC:45988
MFA No. 2011 of 2020
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 04.06.2019
PASSED IN MVC NO. 6842/2017 ON THE FILE OF THE MEMBER,
MACT, XVIII, ADDITIONAL JUDGE, COURT OF SMALL CAUSES,
MACT, BENGALURU, (SCCH-4), PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS MFA, COMING ON FOR ADMISSION, 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.6,66,000/-, the claimant 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 evidence on record indicates that the claimant
had suffered a fracture of metacarpal head right 2nd,
supra condylar fracture of right femur, fracture of
right tibial condyle and fracture of patella. The
doctor who was examined though not the treated
doctor, has stated that the claimant had suffered
NC: 2024:KHC:45988
50% disability to right lower limb and 25% to the
whole body. In light of the medical evidence that the
claimant had suffered three major fractures to the
lower limb, it would be appropriate to treat the whole
body disability at 20%.
4. The Tribunal has taken the notional income of the
claimant as Rs.10,000/-, since there was no evidence
to that effect. As the Karnataka State Legal Services
Authority has determined the notional income as
Rs.11,000/- for the accident of the year 2017, it
would be appropriate to determine the notional
income of the claimant at Rs.11,000/-.
5. Since the claimant was aged 37 years and the
disability suffered is 20%, 40% is to be added
towards future prospects to determine monthly
income of the claimant for awarding compensation
towards 'loss of future income' which comes to
Rs.15,400/-.
NC: 2024:KHC:45988
6. Consequently, the claimant would be entitled to a
sum of Rs.5,54,500/- (Rs.15,400/- X 12 X '15' X
20%) towards 'loss of future earnings'.
7. The Tribunal has awarded Rs.50,000/- towards 'pain
and sufferings', Rs.50,000/- towards 'food,
conveyance, nourishment and attendant charges'
and Rs.40,000/- towards 'loss of amenities'. In my
view, the same are just and proper and are,
therefore, affirmed.
8. The Tribunal has awarded a sum of 1,60,000/-
towards 'medical expenses', and Rs.20,000/- towards
'future medical expenses' based on documentary
evidence. The same are just and proper, and are
accordingly affirmed.
9. The Tribunal has taken the laid-up period as four
months. Since the monthly income is now taken as
Rs.11,000/- and the claimant had suffered three
fractures, the laid-up period is treated as six months
NC: 2024:KHC:45988
and hence, the claimant is entitled to Rs.66,000/-
towards 'loss of income during laid-up period'.
10. Consequently, the award of the Tribunal is modified
and the following sums are awarded as
compensation:
As awarded As awarded
Sl. by the by this
Compensation under Tribunal Court
No. different Heads
(Rs.) (Rs.)
1. Pain and sufferings 50,000/- 50,000/-
Loss of future 3,06,000/- 5,54,500/-
2.
earnings
3. Medical expenses 1,60,000/- 1,60,000/-
Loss of income 40,000/- 66,000/-
4. during the laid up
period
Conveyance, 50,000/- 50,000/-
5. nourishment and
nutritious food
Loss of amenities in 40,000/- 40,000/-
6.
life
7. Future medical 20,000/- 20,000/-
expenses
Total 6,66,000/- 9,40,500/-
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11. Accordingly, the claimant is held entitled for
compensation of Rs.9,40,500/- as against
Rs.6,66,000/- along with interest at the rate of 6%
p.a. from the date of petition till its realisation.
12. 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.
13. The other aspects of the Award of the Tribunal
remain undisturbed.
14. This appeal is, accordingly, allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
HNM
