Karnataka High Court

Sri V Murthy vs Sri Munikrishna P on 21 March, 2025

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                                                         NC: 2025:KHC:12012
                                                       MFA No. 8851 of 2015




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 21ST DAY OF MARCH, 2025

                                        BEFORE
                 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
            MISCELLANEOUS FIRST APPEAL NO.8851 OF 2015(MV-I)
            BETWEEN:

                  SRI. V. MURTHY,
                  S/O. VENKATESHAPPA,
                  AGED ABOUT 31 YEARS,
                  RESIDING AT
                  MANGASANDRA VILLAGE,
                  KOLAR TALUK AND DISTRICT-563 101.
                                                                ...APPELLANT
            (BY SRI. N. GOPAL KRISHNA, ADVOCATE)

            AND:

            1.    SRI. MUNIKRISHNA P.,
                  S/O. PILLAPPA,
                  MAJOR IN AGE,
                  RESIDING AT NAGALAPURA VILLAGE,
                  ARABHIKOTHANURU POST,
Digitally         KOLAR TALUK AND DISTRICT.
signed by
SUVARNA T
            2.    THE CHOLAMANDALAM,
Location:         GENERAL INSURANCE CO. LTD.,
HIGH              UNIT NO.4, 9TH FLOOR (LEVEL-6),
COURT OF          GOLDEN HEIGHTS COMPLEX,
KARNATAKA         59TH 'C' CROSS, INDUSTRIAL SUBURB,
                  4TH 'M' BLOCK,
                  RAJAJINAGAR,
                  BANGALORE-560 010.
                  REP: BY ITS MANAGER.
                                                             ...RESPONDENTS
            (BY SRI. H.S. LINGARAJ, ADVOCATE FOR R2
                R1 SERVED AND UNPRESENTED)

                 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
            JUDGMENT AND AWARD DATED 10.04.2015 PASSED IN MVC
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                                                NC: 2025:KHC:12012
                                             MFA No. 8851 of 2015




NO.278/2014 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL
JUDGE, MACT, KOLAR, DISMISSING THE CLAIM PETITION FOR
COMPENSATION.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:     HON'BLE SMT. JUSTICE LALITHA KANNEGANTI


                       ORAL JUDGMENT

Aggrieved by the order passed in M.V.C.No.278/2014

dated 10.04.2015 by the I Addl. Senior Civil Judge and Motor

Accident Claims Tribunal, Kolar whereby the Insurance

Company is exonerated from the liability and granted

compensation of an amount of Rs.1,66,400/- to the appellant/

claimant. The claimant/appellant is before this Court seeking

enhancement of the compensation.

2. It is the case of the claimant that on 28.01.2014 at

about 12.45 p.m., the claimant was crossing the main road

near Clock Tower towards KSRTC bus stand at Kolar town.

While he had crossed northern side road and was standing on

open median to cross southern side road, at that time Auto

rickshaw came from Clock Tower side at a high speed and in a

rash and negligent manner, went to the wrong side of the road

and dashed against the claimant. The claimant fell down and

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sustained grievous injuries. It is his case that he had sustained

the disability, as per the evidence of the doctor he had

sustained 36% of disability to the limb and 12% to the whole

body. It is the case of the claimant that he was earning an

amount of Rs.15,000/- per month and the Tribunal had taken

the income at an amount of Rs.4,000/- per month and the

disability at 8%.

3. Basing on the evidence, the Tribunal had granted

the compensation as per the table given below:

                       Heads                 Compensation
                                               Awarded
           1.   Pain and Sufferings      :   Rs.     25,000/-
           2.   Medical Expenses         :   Rs.     65,000/-
           3.   Incidental Charges       :   Rs.       2,000/-
                Loss of income during :
           4.                                Rs.     12,000/-
                laid up period
                Future loss of income :
           5.                                Rs.     61,400/-
                due to disability
           6.   Conveyance               :   Rs.       1,000/-
                       TOTAL             : Rs. 1,66,400/-

4. Altogether the Tribunal had granted compensation

of an amount of Rs.1,66,400/-. Aggrieved thereby the appellant

is before this Court seeking enhancement of the compensation.

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5. When it comes to the liability, the Tribunal had held

that the driver of the offending vehicle did not possess the valid

and effective driving license at the time of accident and insurer

is not liable to pay the compensation. Accordingly, the Tribunal

had fixed the liability on the owner of the vehicle.

6. Learned counsel appearing for the appellant/

claimant submits that even though the driver of the offending

vehicle is not having a valid driving license, the petitioner being

a third party to the policy, the Insurance Company is still liable

to pay the compensation and recover the same from the owner

of the vehicle. He submits that under the head of pain and

sufferings, the amount granted by the Tribunal for the injuries

sustained by the claimant are not reasonable. It is submitted

that towards food, nourishment and attendant charges

reasonable amount is not granted and when it comes to the

income, the accident had taken place in the year 2014, the

Tribunal had taken the income at Rs.4,000/- which is on the

lower side.

7. Learned counsel appearing for respondent No.2/

Insurance Company submits that the Tribunal had granted

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reasonable compensation and rightly held that the Insurance

Company is not liable to pay the compensation and there are

no grounds to interfere with the well considered order passed

by the Tribunal.

8. Having heard the counsels on either side, perused

the material on record. When it comes to the liability, as rightly

argued by the learned counsel appearing for the appellant/

claimant, though there is no valid driving license to the driver

of the offending vehicle, the claimant being a third party, as per

the law laid down by the Hon'ble Apex Court in National

Insurance Company Limited Vs. Swaran Singh and others still

the insurance company is liable to pay the compensation and

recover the same from the owner of the vehicle. Then coming

to the compensation, as per the evidence available on record

he had sustained one grievous injury, in that view of the

matter, this Court is granting an amount of Rs.40,000/-

towards pain and suffering. The Tribunal had granted

amounttowards medical expenses basing on the evidence on

record and no interference is called for. When it comes to food,

nourishment, attendant and conveyance charges as the

(2004) 3 SCC 297

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claimant was in the hospital for 4 days, this Court is granting

an amount of Rs.4,000/-. Then coming to the loss of income

during the laid up period, as this is an accident of the year

2014, this Court is taking the income at an amount of

Rs.8,500/- and for 3 months it would come to an amount of

Rs.25,500/-. Then coming to the future loss of income the

Tribunal without any basis had taken 8% as disability. When

the doctor had opined that there is 36% disability to the limb

and 12% to the whole body, this Court is inclined to take the

income at an amount of Rs.8,500/- per month and 12% as

disability then (Rs.8,500x 12x16x12/100) the loss of future

income would come to an amount of Rs.1,95,840/-.

9. In the light of the law laid down by the Hon'ble

Supreme Court in the case of V.MEKALA vs. M. MALATHI AND

ANOTHER2, the claimant is entitled for an amount of

Rs.10,000/- towards Legal Expenses.

10. The claimant is therefore, entitled to the

compensation under the following heads:

(2014) 11 SCC 178

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Compensation Compensation Heads Awarded by Awarded by Tribunal this Court

1. Pain and Suffering : Rs. 25,000/- 40,000/-

2. Medical Expenses : Rs. 65,000/- 65,000/-

3. Incidental charges : Rs. 2,000/- -

   Loss of income during         :
4.                                 Rs.       12,000/-        25,500/-
   laid up period(8500X3)
   Future loss of income         :
5. due to disability                 Rs.     61,400/-       1,95,840/-
   (8500X12X16X12/100)
   Food, nourishment and
6.                                   Rs.             -        4,000/-
   attendant charges
7. Conveyance                    : Rs.      Rs.1,000/-                 -
8. Legal expenses                     Rs.            -       10,000/-
             TOTAL               :   Rs. 1,66,400/-        3,40,340/-
                      Enhanced   :   Rs.                   1,73,940/-