Karnataka High Court
Mr L. Praveen Kumar @ L Praveen vs National Insurance Company Ltd on 9 September, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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MFA No. 4842 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 4842 OF 2019 (MV)
BETWEEN:
MR L. PRAVEEN KUMAR @ L PRAVEEN
S/O K.P.LAKSHMINARAYANA
AGED ABOUT 23 YEARS
R/AT NO.172, BSK 1ST STAGE
2ND BLOCK, 15TH MAIN ROAD
OVER APEX BANK, SHRINAGAR
BANGALORE-50
ALSO AT NO.33, THIPPENAHALLI
CHIKKABALLAPUR, KARNATAKA
...APPELLANT
(BY SRI. SHRIPAD V SHASTRI ., ADVOCATE)
AND:
1. NATIONAL INSURANCE COMPANY LTD
NO.144, SHUBHARAM COMPLEX
Digitally signed by M.G.ROAD, BANGALORE-01
HEMALATHA A BY ITS MANAGER.
Location: HIGH
COURT OF
KARNATAKA 2. SUKHALATHA T SHETTY
W/O K. THIMMAPPA SHETTY
PROP. VIJAYALAXMI MOTORS
NO.97, BIMANAKONE ROAD
BEHIND WATER TANK, GANDHINAGAR
SHIMOGA, KARNATAKA-577401.
...RESPONDENTS
(BY SMT. MAMATHA S SHANKAR, ADVOCATE FOR
SMT. E.I. SANMATHI., ADVOCATE FOR R1:
NOTICE TO R2 IS DISPENSED WITH
V/O DATED: 27.05.2024)
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MFA No. 4842 of 2019
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:25.07.2018
PASSED IN MVC NO.1293/2017 ON THE FILE OF THE CHIEF
JUDGE, COURT OF SMALL CAUSES AND MEMBER PRINCIPAL
MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (S.C.C.H.-
1), 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 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 25.07.2018 passed by the Chief Judge, Court of
Small Causes and Member, Principal Motor Accident Claims
Tribunal at Bengaluru (SCCH-1), (hereinafter referred to
as 'the Tribunal') in MVC No.1293/2017.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 25.08.2016 when the claimant was
proceeding in a Swift car bearing registration No.KA-04/D-
0736 from Kolluru, at that time, a bus bearing registration
No.KA-20/C-4319 came from opposite direction, being
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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
the evidence. The claimant, in order to prove the case,
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examined himself as PW-1, and Dr.Santhoshkumar was
examined as PW-2, and got exhibited documents namely
Ex.P1 to Ex.P18. On behalf of the respondents, one
witness was examined as RW-1 and got exhibited
documents namely Ex.R1 to Ex.R3. 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.4,28,800/- along with interest at the rate of 7% p.a.
and directed the Insurance Company to deposit the
compensation amount along with interest with liberty to
recover the same from the owner of the offending vehicle.
Being aggrieved, the present appeal has been filed.
6. The learned counsel for the claimant raised the
following contentions:
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(i) Firstly, the Tribunal erred in assuming the monthly
income of the claimant as Rs.8,000/-, despite claiming
that he earned Rs.11,400/- per month.
(ii) Secondly, due to the accident, the claimant has
sustained grievous injuries. He was treated as inpatient for
a period of 10 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 and he
has to suffer the disability throughout his life. 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.
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.11,400/- per month, remains unsubstantiated
due to lack of documentary evidence. In the absence of
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proof of income, the Tribunal has assessed the income of
the claimant notionally.
(ii) Secondly, the injuries suffered by the claimant
are minor in nature and he was inpatient for only 10 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.
(iii) 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% p.a. on the
compensation amount appears excessive. Hence, he
sought to dismiss the appeal.
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8. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal and the
original records.
9. It is not in dispute that the claimant has sustained
injuries in the road traffic accident occurred on 25.08.2016
due to rash and negligent driving of the offending vehicle
by its driver.
10. The claimant claims that he was earning
Rs.11,400/- per month. Even though he has produced the
salary certificate, but he has not examined the author of
the said document. 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 fracture of femur, fracture of clavicle, fracture of
1 to 5th ribs, facial injuries and other injuries all over the
body. Taking into consideration the deposition of the
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doctor and injuries mentioned in the wound certificate, the
Tribunal has rightly taken the whole body disability at
10%. 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.2,05,200/- (Rs.9,500*12*18*10%) 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
compensation of Rs,28,500/- (Rs.9,500*3 months) under
the head 'loss of income during laid up period'.
13. The claimant was hospitalized as an inpatient for
more than 10 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 and unhappiness
throughout his life. Considering the prolonged pain during
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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.40,000/- to Rs.70,000/- 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.
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 40,000 70,000
Medical expenses 1,40,000 1,40,000
Food, nourishment, 10,000 10,000
conveyance and
attendant charges
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Loss of income during 16,000 28,500
laid up period
Loss of amenities 25,000 40,000
Loss of future income 1,72,800 2,05,200
Future medical expenses 25,000 25,000
Total 4,28,800 5,18,700
16. In the result, the following order is passed:
ORDER
(i) The appeal is allowed in part.
(ii) The judgment of the Claims Tribunal is modified.
(iii) The claimant is entitled to a total compensation of
Rs.5,18,700/- as against Rs.4,28,800/- 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.
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(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 with liberty to recover the same from the
owner of the offending vehicle.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
CM
