Karnataka High Court
Sri Murthy N vs Liberty Videocon on 21 November, 2024
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NC: 2024:KHC:47330
MFA No. 1081 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.1081 OF 2022(MV-I)
BETWEEN:
SRI. MURTHY N.,
S/O. NAGARAJ,
AGED ABOUT 42 YEARS,
R/AT NO.760, KASTHURI BADAVANE
PIPE LINE ROAD, KAMALANAGAR,
BASAVESHWARANAGAR,
BENGALURU-560079
...APPELLANT
(BY SRI. SUPREETH B.P.,ADVOCATE(VC))
AND:
1. LIBERTY VIDEOCON
GENERAL INSURANCE CO.LTD.
OFFICE NO.1, OLD NO.28,
Digitally signed by NEW NO.23, ALYSSA,
AASEEFA 1ST FLOOR, RICHMOND ROAD,
PARVEEN BENGALURU-560025.
Location: HIGH REP BY ITS MANAGER.
COURT OF
KARNATAKA 2. SRI. BYRE GOWDA,
S/O BYRAPPA,
R/AT BOLAMARANAHALLI VILLAGE,
MANDIGERE POST,NELAMANGALA TALUK,
BENGALURU RURAL DISTRICT,
PIN-5612123.
...RESPONDENTS
(BY SRI. MALLIKARJUN REDDY, ADVOCATE FOR
SRI. B. PRADEEP, ADVOCATE FOR R1;
R2 - SERVED UNREPRESENTED)
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NC: 2024:KHC:47330
MFA No. 1081 of 2022
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01.12.2020 PASSED IN MVC
NO. 2837/2019 ON THE FILE OF THE VIII ADDITIONAL SMALL
CAUSES JUDGE AND THE MOTOR ACCIDENT CLAIMS TRIBUNAL
(SCCH-5), BENGALURU, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri.Raghu R. who appears through video
conference and represents Sri.Supreeth B.P., learned counsel
on record for the appellant. Also heard Sri.Mallikarjuna Reddy,
who appears physically before this Court and represents
Sri.B.Pradeep, learned counsel on record for respondent No.1.
2. This appeal is the outcome of the order that is
rendered by the Motor Accidents Claims Tribunal, Bengaluru, in
MVC No.2837/2019 dated 01.12.2020. This is a claimant's
appeal.
3. As against the claim for Rs.10,00,000/- in total, the
Tribunal through the impugned order awarded a sum of
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Rs.2,15,000/- as compensation and aggrieved by the same the
present appeal is filed.
4. Learned counsel for appellant contends that the
appellant sustained multiple grievous injuries in a road traffic
accident and he was treated as inpatient for a considerable
period. During the course of treatment he underwent a surgery
also. PW5 deposed that the disability in respect of the left hand
is 20% and in respect of whole body is 7%. The Tribunal took
the disability in respect of whole body as 5%, which is
unjustifiable. Learned counsel also contends that the Tribunal
did not take the exact earnings of the appellant by the date of
accident. Learned counsel states that the appellant by doing
coolie work was earning Rs.15,000/- per month. But the
Tribunal took the notional income as Rs.10,000/- per month.
Learned counsel also submits that the accident occurred in the
year 2019 and for the relevant period even the Karnataka State
Legal Services Authority is taking the notional income as
Rs.14,000/- per month and atleast the said figure should have
been considered by the Tribunal. Learned counsel thereby
seeks to enhance the compensation by allowing the appeal.
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5. Sri.Mallikarjuna Reddy, learned counsel for
respondent No.1 on the other hand states that the appellant
failed to produce any evidence with regard to his occupation
and earnings by the date of accident. Learned counsel also
states that though the compensation granted by the Tribunal is
fair enough, yet in case the Court intends, there may be
marginal enhancement only.
6. It is not in dispute that the appellant sustained
fractures of 3rd and 5th metacarpal bones, fracture of proximal
phalanx of little finger left and fracture of 2nd, 3rd, 4th
metatarsal bones left. Also through all the evidence produced,
the appellant succeeded in establishing that he underwent a
surgery during the course of treatment. However, considering
the totality of evidence, the Tribunal took the disability in
respect of whole body as 5%, which is justifiable.
7. Coming to occupation and earnings of the appellant
by the date of accident, as per his version he was working as
coolie and earning Rs.15,000/- per month. However, no proof
in respect of the same is produced. Therefore, having
considered the submission that is made by learned counsel for
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the appellant, this Court considers desirable to take the
notional income of the appellant as Rs.14,000/- per month.
Thus, without disturbing the other parameters i.e. application
of multiplier '15' and disability in respect of whole body as 5%,
the loss of earnings due to permanent physical disability in
respect of whole body will be Rs.1,26,000/- (14,000/- x
12x15x5%).
8. The Tribunal through the impugned order granted a
sum of Rs.90,000/- only under the head 'loss of future
earnings'. By the foregoing discussion it is clear that the
appellant is entitled to a sum of Rs.1,26,000/-. Thus, the
appellant is entitled to a sum of Rs.36,000/- more
(Rs.1,26,000/- - Rs.90,000/-).
9. Coming to loss of income during laid up period,
the Tribunal awarded a sum of Rs.10,000/- only under the
said head. However, having considered the nature of
injuries sustained and the treatment taken, this Court is of
the view that the appellant would have taken bed rest
atleast for a period of three months. Thus, the amount
which the appellant is entitled to under the head loss of
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income during laid up period will be Rs.42,000/-
(Rs.14,000/- x 3).
10. The Tribunal through the impugned order
awarded a sum of Rs.10,000/- under the said head. Thus,
the enhancement will be Rs.32,000/- (Rs.42,000/- -
Rs.10,000/-).
11. The Tribunal did not award justifiable sum as
compensation for the food, extra nourishment, diet,
conveyance and attendant charges which the appellant
would have incurred during the course of treatment and
for recovery. This Court considers desirable to grant a sum
of Rs.10,000/- in addition to the sum that is granted by
the Tribunal for the said purpose. Thus, the total
enhancement would be Rs.78,000/- (Rs.36,000/- +
Rs.32,000/- + Rs.10,000/-).
12. Therefore, the appeal is disposed of with the
following
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ORDER
i) The appeal is allowed in part.
ii) The compensation that is granted by the Motor
Accidents Claims Tribunal, Bengaluru, through orders in MVC
No.2837/2019 dated 01.12.2020 is enhanced by Rs.78,000/-.
iii) The enhanced sum shall carry interest at the rate of
6% per annum from the date of petition till the date of deposit.
iv) Respondent No.1 is directed to deposit the enhanced
sum within a period of 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
AP
CT:TSM
