Karnataka High Court
Sri Suresh @ Chaluvaraju @ Chaluvaraju ... vs Mr. Shivaramegowda on 22 October, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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MFA No. 2511 of 2020
C/W MFA No. 4343 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO.2511 OF 2020
C/W
MISCELLANEOUS FIRST APPEAL NO.4343 OF 2020(MV-I)
IN MFA NO.2511/2020:
BETWEEN:
1. SRI GOVINDARAJU
S/O. GIRIGOWDA
AGED ABOUT 32 YEARS
R/AT DEVEERAMMANADODDI VILLAGE
CHIKKALAHALLI POST, SATHANUR HOBLI
KANAKAPURA TALUK
RAMANAGARA DISTRICT- 562 117.
...APPELLANT
(BY SRI GIRIMALLAIAH, ADVOCATE)
Digitally
AND:
signed by
KIRAN
KUMAR R 1. MR. SHIVARAMEGOWDA
Location: SINCE DEAD BY LRS
HIGH
COURT OF
KARNATAKA 1(a) SMT. SAROJAMMA
W/O. LATE SHIVARAMEGOWDA
AGED ABOUT 65 YEARS
1(b) SRI SHREENIVAS
S/O. LATE SHIVARAMEGOWDA
AGED ABOUT 40 YEARS
1(c) SRI RAMEGOWDA
S/O. LATE SHIVARAMEGOWDA
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MFA No. 2511 of 2020
C/W MFA No. 4343 of 2020
AGED ABOUT 36 YEARS
1(d) SRI MUTHURAJ
S/O. LATE SHIVARAMEGOWDA
AGED ABOUT 34 YEARS
ALL ARE RESIDING AT:
NAYAKANAHALLI VILLAGE
CHIKKALAHALLI POST
UYYAMBALLI HOBLI
KANAKAPURA TALUK
RAMANAGARA DISTRICT-562 117.
AMENDMENT CARRIED OUT AS PER
ORDER DATED 22.10.2024.
2. THE MANAGER
THE NEW INDIA INSURANCE COMPANY LTD.,
NO.2241/4, GIRIYAMMA SHAMBUGOWDA COMPLEX
CHURCH ROAD, CHANNAPATNA
RAMANAGARA DISTRICT - 562 117.
...RESPONDENTS
(BY SRI Y. K. SHESHAGIRI RAO, ADVOCATE FOR R-2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND
AWARD DATED 15.07.2019 PASSED IN MVC NO.15/2017 ON
THE FILE OF THE SENIOR CIVIL JUDGE AND MACT,
KANAKAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
IN MFA NO.4343/2020:
BETWEEN:
1. SRI SURESH @ CHALUVARAJU @ CHALUVARAJU M. C.
S/O. LATE CHALUVAIAH
AGED ABOUT 34 YEARS
R/AT MAHIMANAHALLI VILLAGE
YADAMARANAHALLI POST
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MFA No. 2511 of 2020
C/W MFA No. 4343 of 2020
UYYAMBALLI HOBLI, KANAKAPURA TALUK
RAMANAGARA DISTRICT-572 112.
...APPELLANT
(BY SRI. GIRIMALLAIAH, ADVOCATE)
AND:
1. MR. SHIVARAMEGOWDA
SINCE DEAD BY LRS
1(a) SMT. SAROJAMMA
W/O. LATE SHIVARAMEGOWDA
AGED ABOUT 65 YEARS
1(b) SRI SHREENIVAS
S/O. LATE SHIVARAMEGOWDA
AGED ABOUT 40 YEARS
1(c) SRI RAMEGOWDA
S/O. LATE SHIVARAMEGOWDA
AGED ABOUT 36 YEARS
1(d) SRI MUTHURAJ
S/O. LATE SHIVARAMEGOWDA
AGED ABOUT 34 YEARS
ALL ARE RESIDING AT:
NAYAKANAHALLI VILLAGE
CHIKKALAHALLI POST
UYYAMBALLI HOBLI
KANAKAPURA TALUK
RAMANAGARA DISTRICT-562 117.
AMENDMENT CARRIED OUT AS PER
ORDER DATED 22.10.2024.
2. THE MANAGER
THE NEW INDIA INSURANCE COMPANY LTD.,
NO.2241/4, GIRIYAMMA SHAMBUGOWDA COMPLEX
-4-
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MFA No. 2511 of 2020
C/W MFA No. 4343 of 2020
CHURCH ROAD, CHANNAPATNA
RAMANAGARA DISTRICT - 572 112.
...RESPONDENTS
(BY SRI Y. K. SHESHAGIRI RAO, ADVOCATE FOR R-2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 15.07.2019 PASSED IN
MVC NO.488/2016 ON THE FILE OF THE SENIOR CIVIL
JUDGE, MACT, KANAKAPURA, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. The claimants is in these appeals are dissatisfied with
the compensation of Rs.9,49,400/- and Rs.3,83,100/-
awarded by the Tribunal. The Tribunal has also held that
the insurer would be liable to pay the compensation and
thereafter, can recover the same from the owner of the
offending vehicle. This portion of the order has been
accepted by the insurer.
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2. It is the case of the claimant-Govindaraju that the
adoption of the notional income at Rs.7,000/- is on the
lower side. It is also argued that the assessment of
disability at 20% is incorrect. In my view, the assessment
of disability at 20% by the Tribunal cannot be found fault
with. However, since there was no actual proof of income,
a sum of Rs.8,500/- as determined by Karnataka State
Legal Services Authority for the accident of the year 2014
would have to be adopted. Consequently, the claimant
would be entitled to a sum of Rs.3,46,800/- (Rs.8,500 X
12 X 17 X 20%) towards loss of future earnings.
3. The Tribunal has awarded a sum of Rs.5,38,800/-
towards medical expenses and a sum of Rs.15,000/-
towards future medical expenses. In my view, the amount
of Rs.5,38,800/- awarded towards medical expenses is
based on documentary evidence will have to be accepted.
The Tribunal has awarded only a sum of Rs.15,000/-
towards future medical expenses, as against the evidence
of PW.3 who stated that a sum of Rs.50,000/- would be
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required for removal of implants. Since the claimant has
spent Rs.5,38,800/-, which is acknowledged by the
Tribunal, the Tribunal ought to have awarded a sum of
Rs.50,000/- assessed by PW.3 Consequently, the award of
future medical expenses enhanced from Rs.15,000/- to
Rs.50,000/-.
4. The Tribunal has awarded a sum of Rs.50,000/-
towards pain and sufferings and Rs.50,000/- towards loss
of amenities. In my view, having regard to the injuries
suffered, length of hospitalization and the percentage of
disability, it would be appropriate enhance it to
Rs.75,000/- each.
5. The Tribunal has awarded only a sum Rs.10,000/-
towards attendant charges and diet. Since the evidence on
record indicates that the claimant was hospitalized for 68
days, it would be appropriate to award a sum Rs.50,000/-
towards attendant charges and diet. The Tribunal has not
awarded any sums towards loss of income during the laid
up period. Since the claimant-Govindaraju was
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hospitalized for 68 days, it would be appropriate to take
the laid up period as 3 months. Hence, the claimant-
Govindaraju would be entitled for a sum of Rs.25,500/-
(8,500 X 3 months) towards loss of income during the laid
up period.
6. Consequently, the claimant-Govindaraju would be
entitled to the following sums:
As As awarded
awarded by this
Sl. Compensation
by the Court
No. under
Tribunal
different (Rs.)
Heads (Rs.)
Towards loss of 2,85,600/- 3,46,800/-
1. future income
due to disability
Towards 10,000/- 50,000/-
2. attendant
charges and diet
Towards medical 5,38,800/- 5,38,800/-
3.
expenses
Towards pain and 50,000/- 75,000/-
4.
sufferings
5. Towards loss of 50,000/- 75,000/-
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amenities
Towards future 15,000/- 50,000/-
6.
medical expenses
7. Towards loss of Nil 25,500/-
income during
laid up period
Total 9,49,400/- 11,61,100/-
7. Accordingly, the claimant-Govindaraju is held entitled
to a compensation of Rs.11,61,100/- as against
Rs.9,49,400/- along with interest at the rate of 6% p.a.
from the date of petition till its realisation.
8. In the case of the claimant-Suresh, the Tribunal has
assessed the income at Rs.7,000/- and the disability at
10%. As already held above, since there was no proof of
actual income, a sum of Rs.8,500/- will have to be
adopted as notional income.
9. The disability assessed by the tribunal is based on
the evidence of the doctor and, therefore, cannot be
interfered with. Consequently, towards loss of future
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earnings, the claimant-Suresh would be entitled for a sum
of Rs.1,73,400/- (Rs.8,500/- X 12 X 17 X 10%).
10. The Tribunal has awarded sum of Rs.1,15,300/-
towards medical expenses, which is based on documentary
evidence and, hence, it is affirmed. The Tribunal has
awarded a sum of Rs.10,000/- towards attendant charges
and diet, since the claimant was hospitalized only for 6
days and this award is also just and proper. A sum of
Rs.50,000/- awarded towards pain and suffering and a
sum of Rs.50,000/- awarded towards loss of amenities is
also just in proper and is accordingly affirmed. The
Tribunal has awarded a sum of Rs.15,000/- towards future
medical expenses, though the evidence of the doctor PW.2
was to the effect that the claimant-Suresh would require a
sum of Rs.45,000/- towards future medical expenses. In
my view, in light of the doctor's evidence, the future
medical expenses ought to have been awarded
Rs.45,000/-. Accordingly, a sum of Rs.15,000 is enhanced
to Rs.40,000/-. Having regard to the disability suffered by
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the claimant-Suresh at 10%, it would be appropriate to
take the laid up period as 3 months and, consequently, the
claimant would be entitled to a sum of Rs.25,500/-
(Rs.8,500/- X 3 months) towards loss of earnings during
the laid up period.
11. Consequently, the claimant-Suresh would be entitled
to the following sums:
As As awarded
awarded by this
Sl. Compensation
by the Court
No. under
Tribunal
different (Rs.)
Heads (Rs.)
Towards loss of 1,42,800/- 1,73,400/-
1. future income
due to disability
Towards 10,000/- 10,000/-
2. attendant
charges and diet
Towards medical 1,15,300/- 1,15,300/-
3.
expenses
Towards pain and 50,000/- 50,000/-
4.
sufferings
5. Towards loss of 50,000/- 50,000/-
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amenities
Towards future 15,000/- 40,000/-
6.
medical expenses
7. Towards loss of Nil 25,500/-
income during
laid up period
Total 3,83,100/- 4,64,200/-
12. Accordingly, the claimant-Govindaraju is held entitled
to a compensation of Rs.4,64,200/- as against
Rs.3,83,100/- along with interest at the rate of 6% p.a.
from the date of petition till its realisation.
13. 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.
14. These appeals are accordingly allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
