Karnataka High Court
Nagaraju vs Pathanna on 21 October, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:42909
MFA No. 286 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. 286 OF 2020 (MV-I)
BETWEEN:
NAGARAJU,
S/O GIRIYAPPA,
NOW AGED ABOUT 41 YEARS,
R/A BYADARAHALLI VILLAGE,
HIRIYUR TALUK,
CHITRADURGA DISTRICT.
...APPELLANT
(BY SRI. RAGHU R., ADVOCATE)
AND:
1. PATHANNA,
S/O. NINGAPPA,
MAJOR,
Digitally
signed by R/A BYADARAHALLI VILLAGE,
KIRAN HIRIYUR TALUK,
KUMAR R
CHITRADURGA DISTRICT - 572 143.
Location:
HIGH
COURT OF 2. THE MANAGER,
KARNATAKA
NATIONAL INS. CO. LTD.,
NO.144, 2ND FLOOR,
SHUBHARAM COMPLEX,
BANGALORE - 01.
...RESPONDENTS
(BY SRI.JANARDHAN REDDY, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH VIDE ORDER
DATED 15.03.2022)
-2-
NC: 2024:KHC:42909
MFA No. 286 of 2020
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 19.11.2018 PASSED IN MVC
NO.496/2017 ON THE FILED OF THE XVI ADDITIONAL JUDGE,
MEMBER, COURT OF SMALL CAUSE, MACT, BENGALURU (SCCH-
14), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
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 questioning reduction of
compensation by 20% and also seeking enhancement.
2. The claimant had initiated claim proceedings
contending that he was a pillion rider on the motorcycle
bearing registration No.KA-16-EC-5977 and that this
motorcycle collided with another motorcycle bearing
registration No.KA-16-ED-3722, as a result of which, the
claimant had suffered grievous injuries.
3. The Tribunal, while holding that the accident had
occurred, has come to the conclusion that the rider of the
motorcycle bearing registration No.KA-16-ED-3722 had
also contributed to the extent of 20% and it therefore,
NC: 2024:KHC:42909
proceeded to apportion the compensation to the extent of
20% against the owner of the motorcycle bearing No. KA-
16-ED-3722 and 80% in respect of the motorcycle, in
which, the claimant was traveling i.e., motorcycle bearing
No. KA-16-EC-5977.
4. It is noticed that the claim petition was filed by the
pillion rider/claimant only against the owner and the
insurer of the motorcycle in which he was traveling i.e.,
motorcycle bearing No. KA-16-EC-5977 and he had not
even arraigned the owner of the other motorcycle i.e., KA-
16-ED-3722 or its insurer as a party.
5. In light of the above, the finding of the Tribunal that
the owner and the insurer of the other motorcycle will
have to be held responsible to an extent of 20% cannot be
sustained. Consequently, this finding is set aside and it is
held that the owner and the insurer of the motorcycle
bearing motorcycle bearing No. KA-16-EC-5977 is alone
responsible for payment of compensation.
NC: 2024:KHC:42909
6. Insofar as the compensation is concerned, the
Tribunal has assessed the whole body disability at 8%,
though the doctor who examined the claimant had stated
that the claimant had suffered disability at 10%.
7. In my view, in light of the medical evidence, the
Tribunal ought to have assessed the disability at 10% and
not at 8%.
8. Insofar as the notational income is concerned, the
Tribunal has assessed the notional income at Rs.7,500/-.
In my view, since there is no evidence to ascertain the
actual income, notional income of Rs.9,500/- has to be
applied as per the determination made by the Karnataka
State Legal Services Authority for accidents of the year
2016.
9. As the claimant was aged 45 years, a multiplier of
'14' will have to be applied. Consequently, the claimant
would be entitled to a sum of Rs.1,59,600/-
NC: 2024:KHC:42909
(Rs.9,500X14X12X10%) towards 'loss of future
income'.
10. The Tribunal has awarded Rs.30,000/- towards pain
and sufferings and Rs.30,000/- towards loss of amenities.
In my view, this should be marginally enhanced to
Rs.50,000/- and Rs.40,000/-, respectively.
11. Since the evidence on record indicates that the
claimant was hospitalized for 20 days, it would be
appropriate to award a sum of Rs.25,000/- towards
'Food, nourishment, conveyance and attendant
charges' as against Rs.15,000/- awarded by the Tribunal.
12. A sum of Rs.14,000/- awarded towards medical
expenses and a sum of Rs.15,000/- awarded towards
future medical expenses is affirmed.
13. The Tribunal has taken the laid-up period as 3
months. In my view, since the income is now taken as
Rs.9,500/-, it would be appropriate to award a sum of
Rs.28,500/- (9,500X3) towards 'loss of income during
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laid up period' as against Rs.22,500/- awarded by the
Tribunal.
14. Consequently, the award of the Tribunal is modified
and the claimant would be entitled to the following
compensation:
As As
awarded awarded
Sl. Compensation under
by the by this
No. different Heads
Tribunal Court
(Rs.) (Rs.)
1. Pain and suffering 30,000 50,000
Food, nourishment, 15,000 25,000
2. conveyance and
attendant charges
3. Medical expenses 14,000 14,000
Loss of income during 22,500 28,500
4.
laid up period
5. Loss of future earnings 1,00,800 1,59,600
6. Loss of amenities 30,000 40,000
7. Future Medical expenses 15,000 15,000
Total 2,27,300 3,32,100
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15. Thus, the claimant is held entitled to a total
compensation of Rs.3,32,100/- as against
Rs.2,27,300/-, along with interest at the rate of 6% per
annum from the date of petition till its realization.
16. 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.
17. The disbursement of the compensation amount shall
be in terms of the award of the Tribunal.
18. This appeal is accordingly allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
PN
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