Karnataka High Court
Harsha D vs Nagendra on 21 October, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2024:KHC:42080
MFA No. 2899 of 2020
C/W MFA No. 2911 of 2020
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.2899 OF 2020
C/W
MISCELLANEOUS FIRST APPEAL NO.2911 OF 2020(MV-I)
IN MFA NO.2899/2020:
BETWEEN:
1. SURESH A. R.
S/O. RANGEGOWDA
NOW AGED ABOUT 48 YEARS
R/AT ANKAPURA VILLAGE AND POST
KATTAYA HOBLI
HASSAN TALUK AND DISTRICT.
...APPELLANT
(BY SRI RAGHU R., ADVOCATE)
AND:
Digitally
signed by
KIRAN
KUMAR R 1. NAGENDRA
Location: MAJOR
HIGH S/O, CHIKKEGOWDA
COURT OF
KARNATAKA R/AT SATTIGARHALLI KOPPALU KARLE
KATTAYA HOBLI
HASSAN TALUK -573 201.
2. THE MANAGER
HDFC, 2ND FLOOR, NO.25/1, BUILDING NO.2
GENERAL INSURANCE CO. LTD.
SHANKARANARAYANA BUILDING, M. G. ROAD
BENGALURU-560 001.
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MFA No. 2899 of 2020
C/W MFA No. 2911 of 2020
3. HARSHA D.
MAJOR,
S/O. DEVARAJEGOWDA
R/AT HOUSE NO.108
ANKAPURA VILLAGE AND POST
KATTAYA HOBLI, HASSAN TALUK -573 201.
4. THE MANAGER
RELIANCE GENERAL INSURANCE COMPANY LTD.
1ST FLOOR, KRUTHIKA ARCADE
N. R. CIRCLE, H. N. PURA ROAD
HASSAN TALUK-573 201.
...RESPONDENTS
(BY VIDE ORDER DATED 28.06.2023, NOTICE TO R-1 & R-3 IS
DISPENSED WITH;
SRI B. PRADEEP, ADVOCATE FOR R-2;
SRI LAKSHMINARAYAN, ADVOCATE FOR R-4)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 26.02.2019
PASSED IN MVC NO.1488/2017 ON THE FILE OF THE II
ADDITIONAL SENIOR CIVIL JUDGE, MEMBER, MACT, HASSAN,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO.2911/2020:
BETWEEN:
1. HARSHA D.
S/O. DEVARAJEGOWDA
AGED ABOUT 29 YEARS
R/AT ANKAPURA VILLAGE AND POST
KATTAYA HOBLI
HASSAN TALUK AND DISTRICT.
...APPELLANT
(BY SRI RAGHU R., ADVOCATE)
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MFA No. 2899 of 2020
C/W MFA No. 2911 of 2020
AND:
1. NAGENDRA
MAJOR
S/O. CHIKKEGOWDA
R/AT SATTIGARHALLI KOPPALU KARLE
KATTAYA HOBLI
HASSAN TALUK-573 201.
2. THE MANAGER
HDFC, 2ND FLOOR, NO.25/1
BUILDING NO.2, GENERAL INSURANCE CO. LTD.
SHANKARANARAYANA BUILDING M.G. ROAD
BENGALURU-560 001.
...RESPONDENTS
(BY VIDE ORDER DATED 16.02.2023, NOTICE TO R-1 IS
DISPENSED WITH;
SRI B. PRADEEP, ADVOCATE FOR R-2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD DATED
26.02.2019 PASSED IN MVC NO.1489/2017 ON THE FILE
OF THE II ADDITIONAL SENIOR CIVIL JUDGE, MEMBER,
MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEALS, COMING ON FOR FURTHER ORDERS,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
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MFA No. 2899 of 2020
C/W MFA No. 2911 of 2020
ORAL JUDGMENT
1. Being dissatisfied with the award of compensation of
Rs.3,65,000/- and Rs.3,36,940/-, the claimants are in
these appeals seeking enhancement.
2. The occurrence of the accident and the liability to
pay compensation by the Insurer are not in dispute.
3. The Tribunal has come to the conclusion that the
accident which involved two motorcycles, the drivers of
the motor cycle were responsible for the accident and had
contributed equally to the accident and, therefore, the
Tribunal has apportioned the liability on the owners of the
motor cycles equally and, consequently, on the respective
Insurance Companies.
4. One of the claimants is the rider of the motor cycle
i.e., Harsha D and he has preferred an appeal questioning
the finding that he had also contributed equally and is also
seeking enhancement. The pillion rider i.e., A R Suresh
also has preferred an appeal seeking enhancement.
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5. As far as the negligence aspect is concerned, it is
noticed that the Tribunal has come to the conclusion that
both Harsha and the other rider were equally responsible
and it is taken into consideration that a charge-sheet had
been laid against both of them. In my view, since the
Tribunal has found that both of them were responsible,
restriction of the compensation to 50% of Rs.3,36,940/-
cannot be found fault with. However, as regards the
quantum, the amounts awarded to claimant - Harsha will
have to be increased for the following reasons.
6. It is noticed that Harsha had suffered the fracture of
the II, III and IV Metacarpals, and the II and III
Metatarsals, and there was also undisplaced fracture of
malleolus. The doctor who was examined has assessed the
disability to the right lower limb at 15% and to the right
upper limb at 12%. The Tribunal has assessed the whole
body disability at 9%.
7. In my view, having regard to the fact that Harsha
suffered a permanent disability to both the right lower
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limb and to the right upper limb, it would be appropriate
to determine the whole body disability at 12%.
8. The Tribunal has assessed the income of Harsha at
Rs.9,000/-, 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. Consequently, the claimant-
Harsh in MFA No.2911/2020 would be entitled to a sum of
Rs.2,69,280/- (Rs.11,000/- X 12 X 17 X 12%) towards
loss of future earnings.
9. The Tribunal has awarded a sum of Rs.45,000/-
towards pain and sufferings and Rs.30,000/- towards loss
of amenities. In my view, having regard to the injuries
suffered and the disability assessed, it would be
appropriate to enhance the said sums to Rs.75,000/- and
Rs.50,000/- respectively. A sum of Rs.53,700/- awarded
towards medical expenses is based on the documentary
evidence and is affirmed. A sum of Rs.25,000/- awarded
towards food, nourishment, nutritious food and
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conveyance, which is just and proper and is accordingly
affirmed.
10. The Tribunal has taken the laid-up period as 2
months, since the claimant-Harsha was hospitalized for 7
days. It would be appropriate to treat the laid-up period
as 3 months and awarded a sum of Rs.33,000/-.
11. Consequently, the award of the Tribunal is modified
and the following sums are awarded as compensation to
Harsha D:
As As
awarded awarded
Sl. Compensation
by the by this
No. under different
Tribunal Court
Heads
(Rs.) (Rs.)
1. Pain and sufferings 40,000/- 75,000/-
2. Medical expenses 53,700/- 53,700/-
Food, nourishment, 25,000/- 25,000/-
3. nutritious food and
conveyance
4. Loss of income 18,000/- 33,000/-
during the laid up
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period
Loss of future 1,65,240/- 2,69,280/-
5.
earnings
Loss of amenities 30,000/- 50,000/-
6.
in life
Total 3,36,940/- 5,05,980/-
12. Accordingly, the claimant-Harsha D is held entitled to
compensation of Rs.5,05,980/- as against Rs.3,36,940/-
along with interest at the rate of 6% p.a. on the enhanced
compensation. However, the claimant-Harsha D would not be
entitled for interest for 223 days on the enhanced
compensation.
13. Since claimant-Harsha D has contributed to an extent of
50% to the accident, he would be entitled for 50% of said
amount.
14. As far as the claim of A R Suresh is concerned, it is
noticed that he had suffered fractures of tibia and fibula of the
right leg and also had ligament injury to the knee. The doctor
who had examined him has assessed the disability at 30% to
the right lower limb and the Tribunal has assessed the disability
at 10%.
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15. In my view, having regard to the age of the
claimant-A R Suresh and the injuries suffered, it would be
appropriate to assess the disability at 15%.
16. The Tribunal has taken the notional income at
Rs.9,000/-, 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-Suresh at
Rs.11,000/-. Thus, the claimant would be entitled to a
sum of Rs.Rs.2,77,200/- (Rs.11,000/- X 12 X 14 X 15%)
towards 'loss of future earnings'.
17. The Tribunal has awarded a sum of Rs.45,000/-
towards pain and sufferings and Rs.30,000/- towards loss
of amenities. In my view, having regard to the nature of
injuries and disabilities suffered by Suresh, it would be
appropriate to enhance the said sums to Rs.75,000/- and
Rs.50,000/- respectively. The Tribunal has awarded a sum
of Rs.75,800/- awarded towards 'medical expenses' which
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is just and proper and is affirmed. A sum of Rs.25,000/-
awarded towards 'food, nourishment, nutritious food and
conveyance' which is also just and proper and is
accordingly affirmed.
18. The Tribunal has taken the laid up period of 2
months, since the claimant-Suresh had suffered a fracture
of the tibia and fibula, it would be appropriate to take the
laid up period as 3 months and award a sum of
Rs.33,000/- (Rs.11,000/- X 3 months) towards loss of
earnings during laid-up period. The Tribunal has also
awarded a sum of Rs.20,000/- towards future treatment,
which is just and proper.
19. Consequently, the award of the Tribunal is modified
and the following sums are awarded as compensation to
A R Suresh:
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As As
awarded awarded
Sl. Compensation
by the by this
No. under different
Tribunal Court
Heads
(Rs.) (Rs.)
1. Pain and sufferings 45,000/- 75,000/-
2. Medical expenses 75,800/- 75,800/-
Food, nourishment,
3. nutritious food and 25,000/- 25,000/-
conveyance
Loss of income
4. during the laid up 18,000/- 33,000/-
period
Loss of future
5. 1,51,200/- 2,77,200/-
earnings
6. Future treatment 20,000/- 20,000/-
Loss of amenities 30,000/- 50,000/-
7.
in life
Total 3,65,000/- 5,56,000/-
20. Accordingly, the claimant-A R Suresh is held entitled
to compensation of Rs.5,56,000/- as against
Rs.3,65,000/- along with interest at the rate of 6% p.a. on
the enhanced compensation.
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21. Since claimant-A R Suresh has contributed to an
extent of 50% to the accident, he would be entitled to
50% of the said amount.
22. The Insurance Company is directed to deposit the
amount of compensation awarded in both the appeals
within two months from the date of receipt of a certified
copy of this judgment.
23. These appeals are, accordingly, allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
GSR
