Karnataka High Court
Sri.Huchappa vs Sri.N.Nagaraja on 21 October, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:42391
MFA No. 8188 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO.8188 OF 2018(MV-I)
BETWEEN:
SRI.HUCHAPPA,
S/O PARASAPPA,
AGRICULTURIST
AND MILK RARING LAVIGE VILLAGE,
SAGARA TALUK,
SHIMOGA DISTRICT.
...APPELLANT
(BY SRI. HARISH BABU K.N., ADVOCATE)
AND:
1. SRI.N.NAGARAJA,
S/O NARAYANA,
AGED ABOUT 41 YEARS,
GANDHINAGAR,
Digitally signed by
KIRAN KUMAR R 4TH CROSS, SAGAR TOWN,
Location: High
Court of Karnataka SHIMOGA DISTRICT.
2. SRI. MALLAPPA,
S/O HUCHAPPA,
AGED ABOUT 57 YEARS,
BARAGOORU VILLAGE,
KASABA HOBLI,
SHIMOGA DISTRICT.
3. BRANCH MANAGER,
SHRI RAM GENERAL INSURANCE
-2-
NC: 2024:KHC:42391
MFA No. 8188 of 2018
COMPANY LTD.,
VANI SERVICE STATION BUILDING,
INDUSTRIAL ESTATE, SAGARA,
SHIMOGA DISTRICT.
...RESPONDENTS
(BY SRI.B.PRADEEP, ADVOCATE FOR R3;
R1 AND R2 ARE SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 05.04.2018 PASSED IN MVC
NO. 371/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JDUGE
& MACT, SAGARA, ALLOWING THE CLAIM PETITION FOR
COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. The claimant is in appeal challenging the dismissal of
the claim petition.
2. The claim petition was filed contending that when the
claimant was riding his motorcycle, a collision had
occurred between the motorcycle and a mini lorry, which
resulted in grievous injuries to him. The Tribunal has,
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however, dismissed the claim petition on the ground that
the eye witnesses were not examined and the mahazar
and the sketch indicated that the width of the road was
only 12 feet, and the negligence on the part of the mini
lorry could not be established.
3. The owner of the lorry as well as the driver were
arraigned as respondents. Though they appeared through
their counsel, they have not been examined to establish
that there was no negligence on their part.
4. It is to be noticed that the police after investigation
have, in fact, laid a charge-sheet against the driver of the
lorry and this, by itself, lead to an inference that the
accident had occurred due to negligence on the part of the
lorry.
5. In light of the charge-sheet that has been laid
against the driver of the lorry and no evidence was lead on
behalf of the driver, the impugned order cannot be
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sustained. Consequently, the order of the Tribunal
dismissing the claim petition is set aside.
6. Since the accident had occurred in the year 2012, it
would not be appropriate to remand the matter for
consideration of claim on merits and hence, the claim for
compensation is also to be determined in this appeal.
7. The claimant has examined the doctor who treated
him and he has stated that the claimant had suffered
disability of 12% to the upper limb and 41% to the lower
limb.
8. In light of the above, it would be appropriate to
determine the whole body disability at 15%. There is no
evidence of the actual income drawn by the claimant at
the time of the accident. Therefore, it would be
appropriate to adopt a sum of Rs.7,000/- per month as
monthly income. Since the accident had occurred in the
year 2012 and the claimant was aged 41 years at the time
of the accident, the appropriate multiplier would be '14'.
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Consequently, 'loss of future income' would be
Rs.1,76,400/- (7,000X 12X14X15%).
9. The claimant was hospitalized on 3 occasions for 40
days. The claimant has produced medical bills indicating a
sum of Rs.15,594/-. Since the claim for medical expenses
is based on documents, a sum of Rs.15,594/- towards
'medical expenses' is awarded.
10. Since the claimant was hospitalized on 3 occasions
for a period of 40 days, the laid up period may be taken as
4 months. Accordingly, a sum of Rs.28,000/- (7,000X4)
is awarded towards 'loss of income during the laid up
period'.
11. Since the claimant was hospitalized on 3 occasions
for a period of 40 days, it would be appropriate to award a
sum of Rs.25,000/- towards 'conveyance, food,
nourishment and attendant charges'.
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12. Having regard to the injuries suffered by the
claimant, the claimant would be entitled to a sum of
Rs.50,000/- towards 'pain and sufferings' and
Rs.50,000/- towards 'loss of happiness'.
13. Thus, the claimant would be entitled to the following
compensation:
Sl.
No. Compensation under (Rs.)
different Heads
1. Loss of future income 1,76,400.00
Loss of income during laid 28,000.00
2.
up period
Conveyance, food, 25,000.00
3. nourishment and attendant
charges
4. Pain and Sufferings 50,000.00
5. Loss of happiness 50,000.00
Total 3,29,400.00
13. Thus, the claimant is entitled to the total
compensation of Rs.3,29,400/- along with interest at the
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rate of 6% 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. Consequently, this appeal is allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
PN
