Karnataka High Court
Shashanka vs Nagaraju P on 12 March, 2025
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2025:KHC:10528
MFA No. 1939 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO. 1939 OF 2024 (MV-I)
BETWEEN:
SHASHANKA
S/O VASANTHA
AGED ABOUT 28 YEARS,
R/AT VINAYAKA NAGARA,
KOTE,
ARAKALGUD TOWN,
HASSAN DISTRICT
...APPELLANT
(BY SRI. SHRIPAD V SHASTRI.,ADVOCATE)
AND:
1. NAGARAJU P
S/O PUTTASWAMYGOWDA,
AGED ABOUT 43 YEARS,
R/AT 402, BANDIPALYA,
G S ASHRAMA
MYSURU WEST
2. THE MANAGER
Digitally signed EDELWEISS GENERAL INSURANCE
by (ZUNO GENERAL INSURANCE )
GAVRIBIDANUR
SUBRAMANYA 5TH FLOOR, TOWERS 3
GUPTA KOHINOOR CITY MALL
SREENATH
Location: HIGH KIROL ROAD,
COURT OF KURLA (WEST)
KARNATAKA
MUMBAI - 400 070
...RESPONDENTS
(BY SRI.B.PRADEEP.,ADVOCATE FOR R-2;
NOTICE TO R-1 IS DISPENSED WITH V.O.D 11.03.2025)
THIS MISCELLANEOUS FIRST APPEAL IS FILED
U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD
DT.14.02.2024 PASSED IN MVC NO.1412/2022 ON THE FILE OF
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MFA No. 1939 of 2024
THE SENIOR CIVIL JUDGE AND MACT, ARAKALAGUD, 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 PRADEEP SINGH YERUR
ORAL JUDGMENT
This appeal is preferred by the appellant-claimant
challenging the judgment and award dated 14.02.2024
passed in MVC.No.1412/2022 by the Senior Civil Judge
and MACT, Arakalagud (for short 'the tribunal'). This
appeal is founded on the premise of inadequate and
meager compensation awarded by the tribunal.
2. Though this matter is listed for admission, with
consent of learned counsels for parties, it is taken up for
final disposal.
3. Parties to the appeal shall be referred to as per
their status before the tribunal.
4. Brief facts of the case are as under:
On 10.03.2022, when the claimant was proceeding
as a rider on his Royal Enfield motorcycle bearing
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registration No.KA-13/ER-5177 on the left side of the
road, the driver of Mahindra Xylo car bearing registration
No.KA-09/Z-2061 drove the same in a rash and negligent
manner, suddenly stopped the vehicle and took reverse
direction and dashed against the motor cycle of the
claimant.
4.1 Due to occurrence of accident on the negligence
of the driver of the offending vehicle, the claimant
sustained injuries. He was immediately shifted to Sparsh
Hospital, Hassan, where he took treatment as an inpatient
for 20 days and spent more than Rs.3,00,000/- toward his
treatment for the injuries sustained in the road traffic
accident. Due to the injuries sustained and the
expenditure meted out for treatment, he filed a claim
petition seeking compensation against the respondents.
4.2 Respondent No.1 did not appear before the
tribunal and was placed ex parte. Respondent No.2-
Insurance Company has filed written statement denying
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the claim of the claimant and sought for dismissal of the
claim petition.
4.3 On the basis of material evidence produced by
the parties, both oral and documentary, the tribunal
awarded total compensation of Rs.5,57,820/- along with
interest @ 6% p.a. and held that respondent Nos.1 and 2
are jointly and severally liable and directed respondent
No.2-Insurance Company to pay the compensation within
a period of two months.
4.4 Being aggrieved by the inadequate compensation
awarded by the tribunal, the claimant is before this Court
seeking enhancement.
5. It is the contention of learner counsel for
appellant-claimant that the tribunal has erred in assessing
the income at Rs.11,000/- p.m., which is on the lower
side, whereas the income ought to have been taken at
Rs.15,500/-. It is also contended that the compensation
awarded under all other heads is meagre and the same
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requires to be enhanced. Hence, he seeks to allow the
appeal.
6. Per contra, learned counsel for Insurance
Company sustains the impugned judgment and award
passed by the tribunal, which is on the basis of materials
placed on record. He further contends that there is no
material placed on record by the claimant with regard to
proof of income. Therefore, the income taken by the
tribunal so also the compensation awarded under other
heads are justified. Hence, he seeks dismissal of this
appeal.
7. I have heard learned counsel for appellant-
claimant and learned counsel for respondent-Insurance
Company and perused the impugned judgment and award
and the records. The occurrence of accident, involvement
of vehicle and injuries sustained by the claimant are
proved and established by production of Exs.P1 to P53.
Therefore, the negligence is attributed against the driver
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of the offending car, which is not questioned or
challenged.
8. Now coming to the question of age, avocation,
income, multiplier and disability for awarding
compensation, it is seen that the claimant was aged 25
years as on date of occurrence of accident, the appropriate
multiplier applicable is '18', which is correctly applied by
the tribunal and the same does not call for interference.
The Doctors have been examined as CWs.1 and 2 and they
have deposed the disability to an extent of 23.3% to a
particular limb. However, the tribunal has taken 1/3rd of
the same i.e. 7% to the whole body, which also does not
call for interference and the same is retained. I am in
agreement with learned counsel for appellant-claimant
that the income assessed by the tribunal is on the lower
side. The notional income chart of the Legal Services
Authority prescribes the income of Rs.15,500/- per month
for the accident of the year 2022. Hence, the income is
taken as Rs.15,500/- per month as against Rs.11,000/-
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taken by the tribunal. Therefore, the claimant is entitled
to Rs.2,34,360/- (Rs.15,500/- x 12 x 18 x 7%) towards
loss of future income due to permanent disability as
against Rs.1,66,320/- awarded by the tribunal.
9. The tribunal awarded a sum of Rs.2,54,500/-
towards medical expenses, which does not call for
interference and the same is retained.
10. The tribunal awarded a sum of Rs.30,000/-
towards pain, shock and agony. However, this Court
deems it appropriate to award Rs.60,000/- under this
head.
11. The tribunal awarded a sum of Rs.22,000/-
towards loss of income during treatment period. In view of
this Court enhancing the income from Rs.11,000/- to
Rs.15,500/- and the claimant would require atleast three
months period to recuperate and to get back to his normal
day to day activities, he is entitled to Rs.46,500/-
(Rs.15,500/- x 3) under this head.
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12. The tribunal awarded Rs.10,000/- towards
disappointment, discomfort and loss of amenities.
However, this Court deems it appropriate award
Rs.40,000/- under this head.
13. The tribunal awarded Rs.20,000/- towards food,
diet, attendant, nourishment, conveyance and other
incidental expenses; Rs.30,000/- towards future medical
expenses and Rs.25,000/- towards motorcycle repair
expenses, which do not call for interference and the same
are retained.
14. In view of the above, the claimant is entitled to
total compensation of Rs.7,10,360/- as against
Rs.5,57,820/- awarded by the tribunal, as mentioned in
the table below:
Sl. Amount of
No. Head of compensation compensation
awarded
1 Pain, shock and agony 60,000-00
2 Medical expenses 2,54,500-00
3 Food, diet, attendant, nourishment,
conveyance and other incidental 20,000-00
expenses
4 Future medical expenses 30,000-00
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5 Loss of income during treatment 46,500-00
period
6 Loss of future income due to 2,34,360-00
permanent disability
7 Disappointment, discomfort and 40,000-00
loss of amenities
8 Motor cycle repair expenses 25,000-00
TOTAL 7,10,360-00
15. Accordingly, I pass the following:
ORDER
i) The appeal is allowed-in-part;
ii) The impugned judgment and award dated
14.02.2024 passed in MVC.No.1412/2022 by
the Senior Civil Judge and MACT, Arakalagud,
is modified;
iii) The appellant-claimant is entitled to total
compensation of Rs.7,10,360/- as against
Rs.5,57,820/- awarded by the tribunal along
with interest at 6% per annum.
iv) The enhanced compensation amount shall be
paid by the respondent-Insurance Company
within a period of four weeks from the date of
receipt of copy of this judgment.
v) The compensation amount shall be released in
favour of the appellant-claimant as per the
terms of the tribunal by electronic transfer to
the claimant upon furnishing the required
bank details/upon proper identification.
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vi) All other terms and conditions stipulated by
the tribunal shall stand intact.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
LB
