Sri Thippanna vs Mr Mudasir Pasha
2024 Latest Caselaw 22596 Kant

Karnataka High Court

Sri Thippanna vs Mr Mudasir Pasha on 5 September, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

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                                                           NC: 2024:KHC:36323
                                                         MFA No. 7621 of 2018




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 5TH DAY OF SEPTEMBER, 2024

                                                BEFORE
                           THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                      MISCELLANEOUS FIRST APPEAL NO. 7621 OF 2018 (MV)
                      BETWEEN:
                      SRI THIPPANNA
                      S/O MALLAPPA
                      OCC: MASSON
                      R/AT ARAKERE K VILLAGE
                      RAMASAMUDRA POST
                      YADGIR DISTRICT-585 321
                                                                 ...APPELLANT
                      (BY SMT. SMITHA, ADVOCATE FOR
                      SRI. SURESH M LATUR.,ADVOCATE)
                      AND:
                      1. MR MUDASIR PASHA
                         S/O AMJAD PASHA
                         NO.467/6, 15TH CROSS
                         OLD GUDDADAHALLI
                         BENGALURU-560 026.

                      2.    THE REGIONAL MANAGER
Digitally signed by
HEMALATHA A                 UNITED INDIA INSURANCE COMPANY LTD.,
Location: HIGH              REGIONAL OFFICE, 5TH & 6TH FLOOR
COURT OF                    KRISHI BHAVAN NRUPATHUNGA ROAD
KARNATAKA
                            HUDSON CIRCLE, BENGALURU-560 002.
                                                               ...RESPONDENTS
                      (BY SRI.RAVISH BENNI., 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: 28/06/2018,
                      PASSED IN MVC NO.6251/2016, ON THE FILE OF THE II
                      ADDITIONAL JUDGE & XXVIII ACMM., COURT OF SMALL
                      CAUSES & MACT, BENGALURU, (SCCH-13), PARTLY ALLOWING
                             -2-
                                        NC: 2024:KHC:36323
                                      MFA No. 7621 of 2018




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 JUDGMENT

1. This appeal under Section 173(1) of Motor Vehicles

Act, 1988 (hereinafter referred to as 'the Act') has been

filed by the claimant challenging by the judgment dated

28.06.2018 passed by MACT, Bengaluru in MVC

No.6251/2016.

2. Facts giving rise to the filing of the appeal briefly

stated are that on 08.07.2016 when the claimant was

traveling in tempo traveler bearing registration No.KA-23-

6085 on NH-75, Bengaluru-Kolar road, infront of Avalahalli

Police Station, Bengaluru, at that time, car bearing

registration No.KA-51-Z-9773 being driven by its driver at

a high speed and in a rash and negligent manner, dashed

to the tempo. As a result of the aforesaid accident, the

claimant sustained grievous injuries and was hospitalized.

NC: 2024:KHC:36323

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 respondents appeared

through counsel and filed written statements denying the

averments made in the claim petition.

5. On the basis of the pleadings of the parties, the

Claims Tribunal framed the issues and thereafter, recorded

the evidence. The Tribunal, by impugned judgment and

award has partly allowed the claim petition and held that

the claimant is entitled to a compensation of Rs.713,123/-

along with interest at the rate of 6% p.a. and directed the

Insurance Company to deposit the compensation amount

along with interest. Being aggrieved, the present appeal

has been filed.

NC: 2024:KHC:36323

6. The learned counsel for the claimant has raised the

following contentions:

a) Firstly, the claimant asserts that he was earning

Rs.21,000/- per month by working as Mason. However,

the Tribunal has erred in taking the income as merely as

Rs.8,000/- per month.

b) Secondly, the claimant has examined the doctor as

PW-2. He has stated that the claimant has suffered 47%

disability to particular limb and 24% to whole body. Due to

the accident, the claimant has sustained grievous injuries.

He was treated as inpatient for a period of 72 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. The Tribunal has failed to grant any

compensation towards 'loss of income during laid-up

period'. Considering the injuries, 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.

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With the above contentions, the learned counsel

sought to allow the appeal.

7. On the other hand, the learned counsel for the

Insurance Company has raised the following counter-

contentions:

a) Firstly, the assertion of claimant that he was earning

Rs.21,000/- 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.

b) Secondly, 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.

With the above contentions, the learned counsel

sought to dismiss the appeal.

NC: 2024:KHC:36323

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 08.07.2016

due to rash and negligent driving of the offending vehicle

by its driver.

10. The claimant claims that he was earning Rs.21,000/-

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 occurred in the year

2016, notional income shall be taken at Rs.9,500/- p.m.

11. As per wound certificate, the claimant has sustained

lacerated wound, fracture of left tibia. The doctor in his

evidence has stated that the claimant has suffered

disability of 47% to particular limb and 24% to whole

NC: 2024:KHC:36323

body. Therefore, taking into consideration the deposition

of the doctor and injuries mentioned in the wound

certificate, the Tribunal has rightly taken the whole body

disability at 24%. The claimant is aged about 29 years at

the time of the accident and multiplier applicable to his

age group is '17'. Thus, the claimant is entitled for

compensation of Rs.465,120/- (Rs.9,500*12*17*24%)

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 5

months. Consequently, the claimant is entitled for

compensation of Rs.47,500/- (Rs.9,500*5 months) under

the head 'loss of income during laid up period'.

13. The claimant was hospitalized as an inpatient for

more than 72 days in the hospital and subsequently

received further treatment. Due to the accident, the

claimant has suffered grievous injuries and also undergone

surgery. Considering the prolonged pain during treatment

NC: 2024:KHC:36323

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/-.

14. Considering the nature of injuries, the compensation

awarded by the Tribunal under other heads is just and

reasonable.

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                   81,443         81,443

 Food, nourishment,                 70,000         70,000
 conveyance and
 attendant charges

 Loss of income during                    0        47,500
 laid up period

                                                    NC: 2024:KHC:36323





     Loss of amenities                     100,000           100,000

     Loss of future income                 391,680           465,120

     Future medical expenses                20,000            20,000

                         Total             713,123           844,063

16. In the result, the following order is passed:

ORDER

a) The appeal is allowed in part.

b) The judgment of the Claims Tribunal is modified.

c) The claimant is entitled to a total compensation of

Rs.844,063/-.

d) The Insurance Company is directed to deposit the

compensation amount along with interest

@ 6% p.a. 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 copy of this

judgment.

Sd/-

(H.T. NARENDRA PRASAD) JUDGE DM