Karnataka High Court
Sri Danpal N vs Smt Leelavathy J on 3 September, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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MFA No. 8162 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 8162 OF 2018 (MV)
BETWEEN:
SRI DANPAL N
S/O. NARAYANASWAMY
AGED ABOUT 22 YEARS
APPELLANT SINCE ABNORMAL
DUE TO THE ACCIDENT
REP BY THE HIS MOTHER
AND NATURAL GUARDIAN
SMT. SEETHALAKSHMAMMA
W/O. NARAYANASWAMY
AGE 51 YEARS
R/O. NO. 114, MARIAYAMMA TEMPLE
VENUGOPALANAGAR, BENGALURU SOUTH
BENGALURU 7.
...APPELLANT
(BY SRI. JAGADEESH H T.,ADVOCATE)
Digitally signed by AND:
HEMALATHA A
Location: HIGH
COURT OF 1. SMT LEELAVATHY J
KARNATAKA W/O. JAI CHNDRA REDDY
R/AT NO. 57, RAYAKOTTI ROAD
HOSUR TALUK, KRISHNAGERI DISTRICT
TAMIL NADU-635109.
2. THE MANAGER
RELIANCE GEN INSURANCE CO LTD,
NO. 28,VI FLOOR
CENTENARY BUIDLING
M.G. ROAD,BANGALORE 01
...RESPONDENTS
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MFA No. 8162 of 2018
(BY SRI.LAKSHMINARAYANA C., ADVOCATE FOR R2:
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:12.06.2018
PASSED IN MVC NO.2996/2017 ON THE FILE OF THE XIX
ADDITIONAL SCJ & MACT, BENGALURU [SCCH-17] 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 H.T. NARENDRA PRASAD
ORAL/CAV JUDGMENT
This appeal under Section 173(1) of Motor Vehicles
Act, 1988 (hereinafter referred to as 'the Act') has been
filed by the claimant being aggrieved by the judgment
dated 12.06.2018 passed by the Motor Accident Claims
Tribunal, Bangalore (SCCH-17) (hereinafter referred to as
'the Tribunal') in MVC No.2996/2017.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 19.03.2017 at about 12.45 p.m., when
the claimant was proceeding on motorcycle bearing
registration No.KA-51/EL-3786 near Begur-Koppa main
road, nice road junction, Bengaluru, at that time, a lorry
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MFA No. 8162 of 2018
bearing registration No.TN-68/E-8670 being driven by its
driver at a high speed and in a rash and negligent manner,
dashed to the vehicle of the claimant. As a result of the
aforesaid accident, the claimant sustained grievous
injuries and was hospitalized.
3. The claimant filed a petition under Section 166 of
the Act, seeking compensation. It was pleaded that he
spent significant amount towards medical expenses,
conveyance charges and other related costs. It was further
pleaded that the accident occurred solely on account of
rash and negligent driving of the offending vehicle by its
driver.
4. Upon service of notice, the respondent No.2
appeared through counsel and filed written statement
denying the averments made in the claim petition. The
respondent No.1, despite service of notice, did not appear
before the Tribunal and was placed ex-parte.
5. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter, recorded
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MFA No. 8162 of 2018
the evidence. The claimant, in order to prove the case,
mother of the claimant was examined as PW-1, and
Dr.Ramachandra was examined as PW-2, and got
exhibited documents namely Ex.P1 to Ex.P20. On behalf
of the respondents, neither any witness was examined nor
got exhibited documents. The Claims Tribunal, by the
impugned judgment, inter alia, held that the accident took
place on account of rash and negligent driving of the
offending vehicle by its driver, as a result of which, the
claimant sustained injuries. The Tribunal further held that
the claimant is entitled to a compensation of Rs.4,45,319/-
along with interest at the rate of 7.5% p.a. and directed
the Insurance Company to deposit the compensation
amount along with interest. Being aggrieved, the present
appeal has been filed.
6. The learned counsel for the claimant raised the
following contentions:
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MFA No. 8162 of 2018
(i) Firstly, the Tribunal erred in assuming the monthly
income of the claimant as Rs.9,000/-, despite claiming
that he earned Rs.15,000/- per month.
(ii) Secondly, the claimant has examined the doctor as
PW-2. The Tribunal undervalued the claimant's whole-body
disability at 12%, contradicting the evidence of the doctor
that the claimant suffered 42.1% disability to a particular
limb and 21% to the whole body.
(iii) Lastly, due to the accident, the claimant has
sustained grievous injuries. He was treated as inpatient for
a period of 22 days. Even after discharge from the
hospital, he was not in a position to discharge his regular
work. He has suffered lot of pain during treatment.
Considering the same, the compensation awarded by the
Tribunal under the heads of 'loss of amenities', 'pain and
sufferings' and other incidental expenses are on the lower
side. Hence, he sought to allow the appeal.
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MFA No. 8162 of 2018
7. On the other hand, the learned counsel for the
Insurance Company raised the following counter-
contentions:
(i) Firstly, the assertion of claimant that he was
earning Rs.15,000/- per month, remains unsubstantiated
due to lack of documentary evidence. In the absence of
proof of income, the Tribunal has assessed the income of
the claimant notionally.
(ii) Secondly, the Tribunal considering the injuries
sustained by the claimant and evidence of the doctor, has
rightly assessed the whole body disability at 12%.
(iii) Thirdly, the injuries suffered by the claimant are
minor in nature and he was inpatient for only 22 days.
Considering the injuries sustained by the claimant and
considering the age and avocation of the claimant, the
compensation awarded by the Tribunal under the heads of
'loss of amenities', 'pain and sufferings' and other
incidental expenses are just and reasonable and it does
not warrant interference.
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MFA No. 8162 of 2018
(iv) Lastly, in light of the Division Bench decision of
this Court in the case of Ms.Joyeeta Bose and others -
v- Venkateshan.V and others (MFA 5896/2018 and
connected matters disposed of on 24.8.2020), the
rate of interest awarded by the Tribunal at 7.5% p.a. on
the compensation amount appears excessive. Hence, he
sought to dismiss the appeal.
8. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal.
9. It is not in dispute that the claimant has sustained
injuries in the road traffic accident occurred on 19.03.2017
due to rash and negligent driving of the offending vehicle
by its driver.
10. The claimant claims that he was earning
Rs.15,000/- per month. But he has not produced any
documents to substantiate his claim. Therefore, in the
absence of proof of income, notional income has to be
assessed. According to the guidelines issued by the
Karnataka State Legal Services Authority, for accidents
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MFA No. 8162 of 2018
occurred in the year 2017, notional income shall be taken
at Rs.11,000/- p.m.
11. As per wound certificate, the claimant has
sustained left side femur shaft comminuted fracture, head
injury. The doctor in his evidence has stated that the
claimant has suffered disability of 42.1% to particular
limb and 21% to whole body. Therefore, taking into
consideration the deposition of the doctor and injuries
mentioned in the wound certificate, I am of the opinion
that the whole body disability can be assessed at 21%.
The claimant was aged about 21 years at the time of the
accident and multiplier applicable to his age group is '18'.
Thus, the claimant is entitled for compensation of
Rs.4,98,960/- (Rs.11,000*12*18*21%) on account of
'loss of future income'.
12. The nature of injuries indicates that the claimant
must have been under rest and treatment for a period of 3
months. Consequently, the claimant is entitled for
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compensation of Rs.33,000/- (Rs.11,000*3 months) under
the head 'loss of income during laid up period'.
13. The claimant was hospitalized as an inpatient for
more than 22 days in the hospital and subsequently
received further treatment. Due to the accident, the
claimant has suffered grievous injuries and also undergone
surgery. He has suffered lot of pain during the treatment
period and he has to suffer the disability throughout his
life. Considering the prolonged pain during treatment as
well as the permanent disability certified by the doctor, I
am inclined to enhance the compensation awarded by the
Tribunal under the head of 'pain and sufferings' from
Rs.50,000/- to Rs.60,000/- and under the head of 'loss of
amenities' from Rs.25,000/- to Rs.40,000/-.
14. Considering the nature of injuries, the
compensation awarded by the Tribunal under other heads
is just and reasonable.
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15. Thus, the claimant is entitled to the following
compensation:
As awarded As awarded
by the by this
Compensation under
Tribunal Court
different Heads
(Rs.) (Rs.)
Pain and sufferings 50,000 60,000
Medical expenses 55,039 55,039
Food, nourishment, 30,000 30,000
conveyance and
attendant charges
Loss of income during 27,000 33,000
laid up period
Loss of amenities 25,000 40,000
Loss of future income 2,33,280 4,98,960
Future medical expenses 25,000 25,000
Total 4,45,319 7,41,999
16. In the result, the following order is passed:
ORDER
(i) The appeal is allowed in part.
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(ii) The judgment of the Claims Tribunal is modified.
(iii) The claimant is entitled to a total compensation of
Rs.7,41,999/- as against Rs.4,45,319/- awarded by the
Tribunal.
(iv) Following the judgment of the Division Bench of
this Court in the case of 'MS.JOYEETA BOSE' (supra), the
enhanced compensation shall carry interest at 6% per
annum.
(v) The Insurance Company is directed to deposit the
compensation amount along with interest from the date of
filing of the claim petition till the date of realization, within
a period of six weeks from the date of receipt of a copy of
this judgment. However, interest shall not be applicable to
the compensation awarded under the head of 'future
medical expenses'.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
CM
