Karnataka High Court
Sri. Rajagopal. N vs Mr. Mohammed Anif on 21 October, 2024
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NC: 2024:KHC:42153
MFA No. 8834 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE C M JOSHI
MISCELLANEOUS FIRST APPEAL NO. 8834 OF 2017 (MV-I)
BETWEEN:
SRI RAJAGOPAL. N,
S/O SRI NANJAMARIYAPPA,
AGED ABOUT 48 YEARS,
OCC: VEGETABLE VENDOR,
R/AT: RAMASANDRA, BYRANAHALLI,
KOLAR DISTRTICT-563 130.
...APPELLANT
(BY SRI SURESH M LATUR, ADVOCATE [V/C])
AND:
1. MR. MOHAMMED ANIF,
S/O MR.RAJA SAB,
Digitally R/AT NO.130, MASJID ROAD,
signed by BAPUDI CIRCLE, KADUGODI VILLAGE,
NANDINI R BENGALURU-560 067.
Location:
High Court
of Karnataka 2. THE MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
5TH AND 6TH FLOOR, KRISHI BHAVAN BUILDING,
NRUPATHUNGA ROAD, HUDSON CIRCLE,
BANGALORE-560 001.
...RESPONDENTS
(BY SRI RAVISH BENNI, ADVOCATE FOR R-2;
NOTICE TO R-1 IS DISPENSED WITH V/O DATED
09.11.2023)
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NC: 2024:KHC:42153
MFA No. 8834 of 2017
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 14.08.2017 PASSED IN MVC
NO.4007/2016 ON THE FILE OF IX ADDITIONAL SMALL CAUSES
JUDGE & XXXIV ACMM, COURT OF SMALL CAUSES, MEMBER,
MACT-7, 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 MR JUSTICE C M JOSHI
ORAL JUDGMENT
Being aggrieved by the judgment and award in MVC
No.4007/2016, dated 14.08.2017 passed by IX Additional
Small Causes Judge and XXXIV ACMM and MACT,
Bangalore, the petitioner is before this Court in appeal
seeking enhancement of the compensation amount.
2. The facts in brief are that, on 23.5.2016 at
about 1.00 p.m., when the petitioner was riding a motor
cycle from K.R. Puram Market towards K.R. Puram Police
Station, the motor cycle bearing No.KA.03.ES.9063 came
from ITI colony towards K.R. Puram and dashed against
the petitioner. He sustained grievous injuries and was
shifted to Bowring Hospital, Bangalore, wherein, he
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underwent treatment as inpatient. He contended that he
was a vegetable vendor using his push cart to sell
vegetables and was earning Rs.20,000/- per month.
Having sustained permanent disablement, has sought for
compensation from the owner and insurer of the offending
motor cycle.
3. On being served with the notice, respondent
No.1 did not appear, but respondent No.2- Insurance
Company appeared and resisted the petition contending
that there is a delay of 18 days in lodging the complaint,
the vehicle has been implicated falsely, the rider of the
motor cycle had violated the conditions of the policy and
also that the compensation claimed is highly exorbitant
and imaginary.
4. The Tribunal framed appropriate issues and
evidence was let in by the parties. After hearing both the
sides, the Tribunal awarded compensation under different
heads as below:
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1. For pain and sufferings, Rs. 60,000.00
mental agony
2. Actual medical expenses Rs. 6,600.00
3. For Special diet and Rs. 10,000.00
Conveyance
4. For loss of earning during Rs. 33,000.00
treatment period
5. Permanent disability Rs. 1,78,200.00
6. Future medical expenses Rs. 20,000.00
Total Rs.3,07,800.00
5. The Tribunal fastened liability on the Insurance
Company and directed it to pay the above compensation
along with interest at 9% p.a. (excluding interest for
future medical expenses).
6. On issuance of notice, respondent No.2
Insurance Company has appeared through its counsel in
this appeal.
7. On admitting the appeal, the Tribunal records
have been secured and the arguments by both the sides
were heard.
8. The learned counsel appearing for the
appellant/petitioner contends that the Tribunal has not
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awarded any compensation under the head of 'loss of
amenities in life'. It is submitted that the compensation
awarded under the other heads are also inadequate and
therefore, the compensation be reassessed.
9. Per contra, learned counsel appearing for
respondent No.2- Insurance company submits that the
Tribunal has taken the notional income at 11,000/- per
month though the guidelines issued by KSLSA prescribe
notional income at Rs.9,500/- per month for the year
2016. Therefore, he contend that the compensation
awarded by the Tribunal is adequate and do not require
any interference.
10. It is relevant to note that the petitioner has
approached this Court contending that the Tribunal has
not awarded any compensation under the head of 'loss of
amenities in life'. No such reason is forthcoming from the
impugned judgment for leaving out the compensation
under the said head. Therefore, it would be proper to
award compensation of Rs.45,000/- under the said head.
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11. The Tribunal has taken notional income of the
petitioner at Rs.11,000/- per month, though there is no
cogent evidence in that regard. The guidelines issued by
KSLSA for settlement of cases before Lok Adalat, prescribe
a notional income of Rs.9,500/- per month for the year
2016. Therefore, by adopting the multiplier of '15', as is
done by the Tribunal, the compensation has to be
assessed.
12. The petitioner had sustained injuries which
according to PW2 has resulted in a disability of 36% to the
left lower limb. The Tribunal has taken the functional
disability at 9%. In the considered opinion of this Court,
the functional disability has to be considered at 10%.
Therefore, the compensation under the head of loss of
income due to permanent disability is calculated as:
Rs.9,500/-x12x15 x 10%= 1,71,000/-. As a consequence,
the compensation under the head of 'loss of earning
during laid up period' also to be re-assessed at Rs.9,500/-
x 4 = 38,000/-.
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13. The compensation awarded by the Tribunal
under the remaining heads do not require any
interference.
14. Hence, the compensation is reassessed at
Rs.3,50,600/- as below:
1. For pain and sufferings, Rs. 60,000.00
mental agony
2. Actual medical expenses Rs. 6,600.00
3. For Special diet and Rs. 10,000.00
Conveyance
4. For loss of earning during Rs. 38,000.00
treatment period
5. Permanent disability Rs. 1,71,000.00
6. Amenities Rs. 45,000.00
7. Future medical expenses Rs. 20,000.00
Total Rs. 3,50,600.00
Less: awarded by Tribunal Rs. 3,07,800.00
Enhancement Rs. 42,800.00
15. Under these circumstances, there shall be an
enhancement of Rs.42,800/-. Therefore, the appeal
deserves to be allowed in part and pass the following:
ORDER
(i) The appeal is allowed in part.
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(ii) The petitioner is entitled for sum of Rs.42,800/-
in addition to the compensation awarded by the Tribunal
along with interest at 6% p.a. from the date of petition till
its deposit before the Tribunal.
(iii) Respondent No.2- Insurance Company is directed
to deposit the compensation within eight weeks from
today.
(iv) Rest of the order passed by the Tribunal remain
unaltered.
Sd/-
(C M JOSHI)
JUDGE
tsn*
