Karnataka High Court
Mallikarjuna R vs Suresh B on 4 September, 2024
-1-
NC: 2024:KHC:36457
MFA No. 961 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 961 OF 2022 (MV-I)
BETWEEN:
MALLIKARJUNA R.,
S/O REVANNA
AGED ABOUT 38 YEARS,
R/AT NO. 689, 8TH CROSS,
HAMPINAGAR, VIJAYANAGAR,
BENGALURU-40.
...APPELLANT
(BY SRI. PAVAN KUMAR Y N., ADVOCATE)
AND:
1. SURESH B.,
S/O LATE BALAIAH,
AGED IN MAJOR,
R/AT NO.55, 3RD MAIN,
PATTAGARPALYA,
Digitally BENGALURU-2372.
signed by
YAMUNA K L 2. UNITED INSURANCE CO.LTD.,
Location: REGIONAL OFFICE,
High Court of MOTOR THIRD PARTY CLAIMS HUB,
Karnataka 5TH AND 6TH FLOOR,
KRUSHI BHAVAN,
HUDSON CIRCLE,
BENGALURU-560 001,
BY ITS MANAGER
...RESPONDENTS
(BY SRI. G.S. MARULAIAH, ADVOCATE FOR R2;
V/O DATED:20.03.2021, NOTICE TO R1 IS D/W)
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NC: 2024:KHC:36457
MFA No. 961 of 2022
THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED.27.10.2021 IN MVC
NO.4092/2019 ON THE FILE OF THE XVI ADDITIONAL JUDGE,
COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU CITY,
(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 DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri.Pavan Kumar Y.N., learned Counsel for the
appellant as well as Sri.G.S.Marulaiah, learned Counsel for
respondent No.2.
2. The claimant is before this Court seeking
enhancement of compensation. He disputes the findings
given by the Motor Accidents Claims Tribunal, Bangalore,
in MVC No.4092/2019 dated 27.10.2021. The Tribunal
through the impugned order awarded a sum of
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Rs.7,76,000/- as compensation divided under the following
heads:
Heads Amount in Rs.
Towards Pain and suffering 20,000-00
Towards Food and 10,000-00
Nourishment, conveyance
and attendant charges
Towards medical expenses 4,36,000-00
Towards loss of income 10,000-00
during the period of
treatment
Towards loss of future 2,70,000-00
earnings
Towards loss of amenities 20,000-00
Towards future medical 10,000-00
expenses
Total 7,76,000-00
3. Arguing the matter, Sri Pavan Kumar Y.N., for the
appellant submits that appellant sustained grievous
injuries due to the accident and became permanently
disabled. Learned Counsel states that appellant through
the evidence of P.W.2 established that the permanent
disability in respect of right upper limb is 46% and in
respect of right lower limb is 40% and whole body
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disability is 22%. However, the Tribunal took the disability
in respect of whole body as 15% which is unjustifiable.
4. Learned Counsel also contends that the appellant
as a driver was earning Rs.20,000/- per month by the date
of accident but the Tribunal took the notional income of
the deceased as Rs.10,000/- per month which is improper.
Learned Counsel Shri Pavan Kumar.Y.N., also contends
that accident occurred in the year 2019 and for the
relevant period, even the Karnataka State Legal Services
Authority is taking the notional income as Rs.14,000/- per
month and at least the said figure should have been
considered by the Tribunal.
5. The contention of Shri G.S.Marulaiah for
respondent No.2 on the otherhand is that the amount that
is awarded as compensation under all heads is justifiable,
however, the submission that is made by learned Counsel
for the appellant regarding notional income to be taken as
Rs.14,000/- per month may be considered.
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6. It is not in dispute that appellant sustained fracture
of right tibia and fibula and fracture of right humerus
which are grievous in nature. As rightly contended, P.W.2
assessed the disability in respect of whole body as 22%.
However, this Court does not find any ground to interfere
with the findings given by the Tribunal regarding
permanent functional disability and that for the
assessment of compensation under the head of loss of
future earnings, disability in respect of whole body is to be
taken as 15%. Also this Court considers desirable to
take notional income as Rs.14,000/- per month.
7. Admittedly appellant was aged about 37 years by
the date of accident. Thus, 40% of the actual earnings are
required to be added towards future aspects 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. Also the appropriate multiplier to be
applied is '15 'as per the decision of Hon'ble Apex Court in
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Sarla Verma and Others vs. Delhi Transport Corporation
and Another reported in 2009 SAR (Civ) 592.
8. Thus, loss of future earnings due to permanent
physical disability, if calculated will be as under:
Heads Amount in Rs.
Notional monthly income 14,000-00
Annual income 1,68,000-00
Add 40% towards future 2,35,200-00
prospects
Apply appropriate multiplier 35,28,000-00
'15'
Loss of future earnings due 5,29,200-00
to permanent physical
disability being 15%
9. Coming to medical expenses, the Tribunal through
the impugned order granted a sum of Rs.4,36,000/-
towards medical expenses. However, the Tribunal at para
18 of the impugned order, discussed about the medical
expenses that are required to be awarded and came to a
conclusion that medical expenses comes to Rs.4,63,000/-.
Therefore, compensation to be awarded under the head
medical expenses is Rs.4,63,000/-. Also having
considered the nature of injuries sustained, this Court is of
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the view that the appellant is entitled to a sum of
Rs.40,000/- under the head pain and suffering. Also, a
sum of Rs.15,000/- is required to be granted under the
head food, nourishment, conveyance and attendant
charges.
10. The appellant admittedly sustained two grievous
injuries and took treatment as in-patient. Therefore, this
Court is of the view that the appellant would not have
attended his normal pursuits at least for a period of three
months. Thus, the loss of earnings during the laid up
period comes to Rs.42,000/- (Rs.14,000x3).
11. Thus, the compensation to which the appellant is
entitled to is as under:
Towards Pain and suffering 40,000-00
Towards Food, nourishment, 15,000-00
conveyance and attendant
charges
Towards medical expenses 4,63,000-00
Towards loss of income during 42,000-00
laid up period
Towards loss of future 5,29,200-00
earnings due to permanent
physical disability
Towards loss of amenities 20,000-00
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Towards future medical 10,000-00
expenses
Total 11,19,200-00
12. In the light of the foregoing findings, the appeal
is disposed of with the following:-
ORDER
i. The appeal is allowed in part.
ii. The compensation that is awarded by the Motor
Accidents Claims Tribunal, Bangalore, through orders
in M.V.C. No.4092/2019 dated 27.10.2021 is
enhanced from Rs.7,76,000/- to Rs.11,19,200/-.
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. The second respondent is directed to deposit the
enhanced sum within a period of eight weeks from
the date of receipt of copy of this order.
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v. On such deposit, the appellant is permitted to
withdraw the entire amount.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
YN
