Karnataka High Court
Shivakumar M vs The Manager on 21 October, 2024
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NC: 2024:KHC:42212
MFA No. 522 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 522 OF 2022 (MV-I)
BETWEEN:
SHIVAKUMAR M.,
S/O LATE MAHADEVAIAH
@ MAHADEVAPPA
AGED ABOUT 44 YEARS
R/AT NO. 125,
MADARAYAKANAHALLI,
DASANAPURA HOBLI,
MADAVARA,
BANGALORE NORTH TALUK,
BANGALORE - 560 123.
...APPELLANT
(BY SRI. SHRIPAD V. SHASTRI, ADVOCATE)
AND:
Digitally signed by 1. THE MANAGER,
AASEEFA PARVEEN NATIONAL INSURANCE COMPANY LTD.,
Location: HIGH NO. 672, 1ST FLOOR,
COURT OF 11TH MAIN ROAD, 4TH BLOCK
KARNATAKA
JAYANAGAR, BANGALORE - 11.
2. SRIDHAR T R
S/O. T S RAMEGOWDA,
MAJOR, NO. 600, 2ND CROSS,
MAHALAKSHMI LAYOUT,
BENGALURU - 560 086.
...RESPONDENTS
(BY SRI. LAKSHMI NARASAPPA, ADVOCATE FOR
SRI. A.M. VENKATESH, ADVOCATE FOR R1;
V/O. DATED 22.11.2023, NOTICE TO R2 IS D/W)
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NC: 2024:KHC:42212
MFA No. 522 of 2022
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 06.09.2021 PASSED IN
MVC NO.6501/2017 ON THE FILE OF THE IX ADDITIONAL
SMALL CAUSES, MEMBER, MACT-7, BENGALURU SCCH-7,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri.Shripad V Shastri learned counsel for the
appellant as well as Sri.Lakshmi Narasappa learned counsel
who represents Sri.A.M.Venkatesh learned counsel on record
for respondent No.1.
2. On the ground that he sustained grievous injuries in
a road traffic accident, the appellant herein filed an application
claiming compensation of Rs.50,00,000/- in total. The
Additional Motor Accidents Claims Tribunal, Bangalore, which
dealt with the matter as MVC No.6501/2017 rendered orders on
06.09.2021 granting compensation of Rs.15,79,897/-. Being
not satisfied with the sum thus awarded, this appeal is filed by
the claimant.
NC: 2024:KHC:42212
3. Sri.Shripad V Shastri representing the appellant
submits that the appellant sustained grievous head injury due
to the accident and the said injury ultimately resulted in
memory loss. The appellant took extensive treatment for the
damage caused to brain stem and cerebellum. However, the
appellant could not regain the health lost. Learned counsel
submits that sufficient evidence was produced before the
Tribunal to establish the aspects of hospitalization, the nature
of injuries sustained, the treatment taken as inpatient as well
as out patient and the allied facts. However, the Tribunal
granted a meager sum as compensation. Learned counsel also
contends that the wife of the appellant is blind. Thus, there are
none to look after the appellant and the appellant has to
depend upon an attendant to attend his normal pursuits.
Learned counsel ultimately seeks for enhancement of
compensation.
4. The submission that is made by learned counsel for
respondent No.1 on the other hand is that the Tribunal, taking
into consideration the evidence produced, assessing the
disability in respect of whole body as 25% awarded justifiable
NC: 2024:KHC:42212
sum as compensation and therefore, the award needs no
interference.
5. The contents of Ex.P7 wound certificate reveals that
the appellant sustained severe head injury with comminuted
fracture of left temporo parietal bone. The disability was
assessed by PW3 as per the evidence produced. The evidence
of PW3 is that the appellant complained difficulty in speech and
memory loss. PW3 assessed the disability in respect of whole
body as 48% and stated that the said disability is permanent in
nature. However, considering the totality of evidence produced,
the Tribunal assessed the disability in respect of whole body as
25%. The said assessment needs no interference.
6. The Tribunal took monthly income of the appellant
as Rs.16,190/- per month and the said finding is on proper
lines. Also having considered the age of the appellant as
43 years by the date of accident, applied the multiplier '14'
which is appropriate. However, the Tribunal failed to add
future prospects. Having taken the income of the appellant as
Rs.16,190/- per month, considering the age of appellant as
43 years by the date of accident, adding 25% of the earnings
NC: 2024:KHC:42212
as future prospects as per the decision of the Hon'ble Apex
Court in National Insurance Company Limited vs. Pranay Sethi
and Others reported in (2017) 16 SCC 680, applying the
multiplier '14' and the whole body disability as 25% which is
permanent in nature, the loss of future earnings on account of
disability is as under:
Amount
Description
In Rs.
Monthly income 16,190-00
Annual Income (16,190X12) 1,94,280-00
Add 25% towards future 2,42,850-00
prospects
On applying appropriate multiplier 33,99,900-00
'14'
Loss of future earnings, the
permanent physical disability in 8,49,975-00
respect of whole body being 25%
7. Having considered the nature of injuries sustained
and the treatment taken and considering the fact that as per
the evidence produced there was blood clot above the brain
and below the duramater and as it is clearly brought on record
that there may be pressure on brain until evacuation of blood
clot, this Court is of the view that the appellant would not have
attended his normal pursuits and the duty atleast for a period
NC: 2024:KHC:42212
of six months. Thus, loss of earnings during laid up period
comes to Rs.97,140/- (Rs.16,190/- X 6).
8. Taking into consideration the disability in respect of
whole body, the treatment that was taken and the nature of
injuries sustained, this Court is of the view that the appellant is
entitled to compensation under following heads:
Sl Amount
Compensation
No. in Rs.
Compensation for pain and
1 80,000-00
suffering
Medical expenses to the extent of
2 7,84,917-00
proved
Towards extra nourishment, diet,
3 transportation and attendant 25,000-00
charges
Loss of earnings during laid up
4 97,140-00
period
5 Loss of future earnings 8,49,975-00
6 Loss of amenities in life 25,000-00
Total 18,62,032-00
9. Thus, in the light of the foregoing discussion, the
following:
ORDER
(i) The appeal is allowed in part.
NC: 2024:KHC:42212
(ii) The compensation that is awarded by the Additional
Motor Accidents Claims Tribunal, Bengaluru,
through orders in MVC No.6501/2017 dated
06.09.2021 is enhanced from Rs.15,79,897/- to
Rs.18,62,032/-.
(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
DS
