Partly allowed

Sri Mallappa @ Mallaiah v. Sri Srikanth K N

Karnataka HC3 Nov 2022MFA/7168/2018

Case brief

AI extract

What is this about?

In a motor accident appeal, the High Court of Karnataka set aside the Tribunal's quantum of compensation. The Court enhanced various heads including pain and suffering, future earnings, attendant charges, and amenities based on the claimant's injury severity and disability, totaling Rs. 2,95,000.

What did the court decide?

Allowance of appeal in part; modification of Tribunal's judgment awarded total compensation of Rs. 2,95,000 with interest.

Sri Mallappa @ Mallaiah Vs Sri Srikanth K N — Motor Accident Claims | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF NOVEMBER, 2022

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BEFORE

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THE HON'BLE Mr. JUSTICE HANCHATE SANJEEVKUMAR

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M.F.A.No.7168/2018 (MV-I)

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BETWEEN :

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SRI MALLAPPA @ MALLAIAH S/O. MALLAIAH, AGED ABOUT 70 YEARS OCC: FARMER, R/AT: RAJAPURA VILLAGE, NAGENAHALLI HOBLI, CHANNARAYA PATNA TLAUK, HASSAN DISTRICT - 573 116.

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...APPELLANT

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(BY SRI SURESH M LATUR, ADVOCATE)

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AND:

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1 . SRI SRIKANTH K N S/O. NARASIMHAN K S, No.763, SREE MALOLA NIVASA, 3RD STAGE, 4TH BLOCK, 8TH MAIN,BASAVESHWARANAGAR, BENGALURU - 79.

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2 . THE MANAGER ICICI LOMBARD GENERAL INSURANCE COMPANY LTD, NO. 86, P.V.R COMPLEX, HOSURU MAIN ROAD, MADIVALA,BENGALURU - 560 068.

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...RESPONDENTS

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(BY SRI B PRADEEP, ADVOCATE FOR R2 R1-NOTICE DISPENSED WITH V/O DTD. 27.6.2022)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22.06.2018 PASSED IN MVC No.1206/2017 ON THE FILE OF THE XXI ACMM, & XXIII ASCJ, BENGALURU [SCCH-25], PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS M.F.A. COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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The appeal is filed by the appellant-claimant challenging the judgment and award dated 22.06.2018 passed in MVC No.1206/2017 by the Court of Small Causes and Motor Accident Claims Tribunal, Bengaluru (SCCH-25) seeking enhancement of compensation.

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2. Brief facts of the case are as under:

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On 25.12.2016 at about 12.30 p.m., the appellant-

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claimant was crossing the road on BM Road, NH-75, near Dodderi gate, Hirisave Hobli, Channarayapatna taluk, Hassan District. At that time, a car bearing Reg.No.KA-02-MG-7894 driven by its driver came in a rash and negligent manner dashed against the

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appellant-claimant from behind due to which the appellant-claimant fell down and sustained grievous injuries on all over the body. The appellant-claimant has filed claim petition under Section 166 of Motor Vehicles Act seeking compensation before the Tribunal. The Tribunal has awarded compensation of Rs.1,66,300/- along with interest at 8% p.a. from the date of petition till the date of realization.

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The liability of the respondent-insurance company is not disputed in view of existence of insurance policy.

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Being aggrieved by the insufficiency of quantum of compensation, the appellant has preferred this appeal.

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Learned counsel for the appellant-claimant submitted that the compensation awarded by the Tribunal is on the lower side and seeks to enhance the compensation and prays to allow the appeal.

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6. On the other hand, learned counsel for the

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respondent-insurance company submitted that the judgment and award passed by the Tribunal is just and proper and hence there is no need of interference by this Court. Therefore, he prays for dismissal of the appeal.

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7. The Tribunal has awarded compensation

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under various heads as follows:

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1.	Pain and agony	Rs. 40,000/-
2.	Medical expenses	Rs. 20,300/-
3.	Loss of income during laid up period	Rs. 8,000/-
4.	Loss of future income	Rs. 48,000/-
5.	Loss of future amenities and happiness	Rs. 15,000/-
6.	Attendant, conveyance, food and nourishment charges	Rs. 15,000/-
7.	Future medical expenses	Rs. 20,000/-
	TOTAL	Rs. 1,66,300/-

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As per the wound certificate and other

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medical documents coupled with evidence of PW.2 -

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doctor, it is proved that the appellant-claimant has suffered the following injuries:

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a) incised wound over right leg b) incised wound over left leg c) abrasion over frontal region d) abrasion over the both hands

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The appellant-claimant had suffered

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fracture of right ankle and other injuries all over the body. The fracture of right ankle is grievous in nature and other injuries are simple in nature. Considering the nature of injuries sustained by the appellantclaimant, the Tribunal has granted compensation of Rs.40,000/- under the head 'pain and suffering' which is on the lesser side and the same is enhanced to Rs.50,000/-.

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The medical expenses amounting to Rs.20,300/- is awarded which is as per the actual medical bills produced and the same is kept intact.

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The Tribunal has held the notional income

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of the appellant-claimant at Rs.8,000/- only by taking

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10% permanent disability and awarded compensation of Rs.48,000/- under the head 'loss of earning capacity due to disability. This is found to be on lesser side. The accident is of the year 2016 and the notional income ought to have been taken by the Tribunal at Rs.9,500/p.m. as recognized by Karnataka State Legal Services Authority. PW.2doctor has stated that due to the injuries sustained, the appellant-claimant had suffered 33.7% disability towards right lower limb and 16.85% towards whole body. But the Tribunal has taken only 10% of disability towards whole body. The appellant-claimant is 70 years old and he is a farmer. Thus, the work of agriculture needs some physical strength. The Tribunal has held lesser percentage towards disability. Hence, the Tribunal has not assigned any reasons in holding lesser percentage of disability towards whole body which affects the earning capacity of the appellant-claimant. The appellant-claimant is 70

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years old and the appropriate multiplier to be taken is

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Therefore, the loss of earning capacity due to

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disability to be reassessed and quantified as follows:

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9,500 x16/100x5x12 = Rs.91,200/-

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Due to the injuries suffered, the appellantclaimant at least was not able to attend his work nearly for a period of three months. Accordingly, a sum of Rs.28,500/- (9500x3) is awarded under the

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head 'loss of income during treatment period'.

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The Tribunal has awarded compensation of Rs.15,000/- under the head 'loss of future amenities and happiness' which is on the lesser side and the same is enhanced to Rs.50,000/-.

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The appellant-claimant was admitted to hospital for 21 days and the Tribunal has awarded compensation of Rs.15,000/- which is on the lesser side and the same is enhanced to Rs.25,000/-.

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The Tribunal has awarded compensation of

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Rs.20,000/- under the head 'future medical expenses' which is on the lesser side and the same is enhanced

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to Rs.30,000/-.

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Thus in all, this Court determines the

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compensation under various heads as follows:

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1.	Pain and agony	Rs. 50,000/-
2.	Medical expenses	Rs. 20,300/-
3.	Loss of income during laid up period	Rs. 28,500/-
4.	Loss of future income	Rs. 91,200/-
5.	Loss of future amenities and happiness	Rs. 50,000/-
6.	Attendant, conveyance, food and nourishment charges	Rs. 25,000/-
7.	Future medical expenses	Rs. 30,000/-
	TOTAL	Rs. 2,95,000/-

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Accordingly, the appellant-claimant is entitled for

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total compensation of Rs.2,95,000/- as against Rs.1,66,300/- awarded by the Tribunal and also entitled for additional compensation of Rs.1,28,700/- in addition to what has been awarded by the Tribunal.

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17. Accordingly, I pass the following:

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ORDER

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i. Appeal is allowed in part .

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ii. The judgment and award dated 22.06.2018 passed in MVC No.1206/2017, by the Court of Court of Small Causes and MACT, Bengaluru (SCCH-25) is modified to the above extent.

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iii. The appellant-claimant is entitled to additional compensation of Rs.1,28,700/- along with interest at the rate of 6% per annum from the date of petition till the date of realization.

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iv. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.

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v. costs made easy.

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vi. Draw award accordingly.

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Sd/JUDGE

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SSD

Sri Mallappa @ Mallaiah v. Sri Srikanth K N

Case brief

What is this about?

What did the court decide?

Sri Mallappa @ Mallaiah v. Sri Srikanth K N

Case brief

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What did the court decide?

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