Partly allowed

Sri Arun Kumar D K v. Sri Doresha G S

Karnataka HC18 Nov 2022MFA/7176/2018

Case brief

AI extract

What is this about?

In an appeal under Section 173(1) of the Motor Vehicles Act, the High Court of Karnataka modified the Motor Accident Claims Tribunal's award, enhancing total compensation to Rs. 8,76,516/- by reassessing future earning potential and increasing amounts for pain and suffering, medical, and other expenses.

What did the court decide?

Appellant entitled to enhanced total compensation of Rs. 8,76,516/- (increase of Rs. 4,64,516/-) along with 6% interest; impugned award modified.

Sri Arun Kumar D K Vs Sri Doresha G S — Motor Accident Claims | Karnataka HC (2022)

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1 MFA NO.7176/2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH 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.7176/2018 (MV-I)

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BETWEEN:

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SRI ARUN KUMAR D K S/O DODDESHAPPA OCC DELIVERY BOY (CHEF’S BAKERS, BENGALURU) R/AT NO.6/1, KYATHANA KOPPA VILLAGE SUGURU POST, SHIMOGA DIST-577206.

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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 DORESHA G S S/O SHANKREGOWDA NO.203, 2^ND FLOOR NAGAPPAREDDY BUILDING NEAR SHANIMAHATHMA TEMPLE TIRUPALYA, BOMMASANDRA ANEKAL TALUK BANGALORE RURAL DIST-562106.

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2 . THE MANAGER

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ROYAL SUNDARAM ALLIANZ INS CO LTD., NO.30, 3RD FLOOR, JNR CITY CENTRE RAJARAM MOHAN ROY ROAD

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2 MFA NO.7176/2018

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SAMPANGIRAMNAGAR BANGALORE-560027.

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…RESPONDENTS

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(BY SRI. RAVI S. SAMPRATHI, ADVOCATE)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16/04/2018, PASSED IN MVC NO.7526/2016, ON THE FILE OF THE XIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU (SCCH-15), 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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J U D G M E N T

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The present appeal is filed by the appellant/claimant challenging the judgment and award dated 16.04.2018 in MVC.No.7526/2016 passed by the MACT, Bengaluru, for seeking enhancement of compensation.

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2. Brief facts of the case are as under:

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On 15.10.2016 at about 3.10 p.m., when the claimant was riding motor cycle bearing Reg.No.KA03/JG-3281 on Haraluru-Choodasandra Road, when

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3 MFA NO.7176/2018

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he reached in front of sky wood apartments, Bengaluru, at that time, a car bearing Reg.No.KA01/C-7403 came from Choodasandra in a rash and negligent manner and dashed against the claimant’s vehicle. Due to which, the claimant sustained grievous injuries.

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The claimant filed a claim petition under

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Section 166 of M.V.Act., claiming compensation before the Tribunal. The Tribunal has partly allowed the claim petition and awarded compensation of Rs.4,12,000/with interest at 6% p.a., from the date of petition till its realization. Being aggrieved by the same, the present appeal is filed before this Court.

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Heard the arguments from both sides and

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perused the records.

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compensation under various heads as follows:

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4 MFA NO.7176/2018

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Pain and sufferings	Rs. 40,000/-
Loss of laid up period (Rs.8,000/-x 2=Rs.16,000/-)	Rs. 16,000/-
Medical expenditure	Rs. 46,500/-
Future medical expenditure	Rs. 10,000/-
Loss of future income	Rs. 2,59,500/-
Towards diet and conveyance	Rs. 10,000/-
Loss of amenities	Rs. 30,000/-
Total	Rs.4,12,000/-

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as per the wound certificate, discharge

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summary, case sheet coupled with the evidence of doctor P.W.2, it is proved that the claimant sustained the following injuries:

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Closed fracture of left femur

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Type II open (compound) fracture of both bones (tibia and fibula) of left leg

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The above said injuries are grievous in

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nature as the claimant has suffered fracture of femur

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bone, tibia and fibula bones of left leg. The claimant

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was aged 20 years as on the date of the accident and

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was working as a delivery boy.

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5 MFA NO.7176/2018

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The doctor P.W.2 has assessed the

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permanent physical disability at 62.5% towards left limb. Therefore, applying the principles of law laid down by the Hon’ble Supreme Court in the case of

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Raj Kumar Vs. Ajay Kumar and Another¹ , considering the nature of injuries and job of the claimant as he was doing work as a delivery boy was aged about 20 years, accordingly, towards whole body functional disability is to be taken at 22%.

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As per the judgment of this Court in the case of New India Assurance Company Ltd., Vs. Abdul & Others² and judgment of the Hon’ble Supreme Court in the case of National Insurance Co. Ltd. Vs. Pranay Sethi³ , 40% of income is to be added towards future prospects in life. Considering the

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1 (2011) 1 SCC 343

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2 MFA.NO.103807/2016 C/W MFA.NOS.103835/2016 & 103807/2018 DD.27.05.2022

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3 (2017) 16 SCC 680

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6 MFA NO.7176/2018

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year of accident as 2016, the notional income is to be taken at Rs.9,500/- as per the Notional Income Chart as recognized by the Karnataka State Legal Service Authority. As the claimant was aged 20 years, the appropriate multiplier applicable is 18. Accordingly, loss of future earning due to disability/loss of future prospects in life is re-assessed and quantified as follows:

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Rs.9,500/- + Rs.3,800/- (40% of Rs.9,500/-) =Rs.13,300/-

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Rs.13,300/- x 22% x 18 x 12=Rs.6,32,016/-

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Accordingly, Rs.6,32,016/- is awarded under

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the head loss of future earning due to disability/loss of future prospects in life.

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The compensation of Rs.40,000/- awarded under the head pain and suffering is on the lesser side and the same is enhanced to Rs.60,000/-. The Tribunal has awarded compensation of Rs.16,000/under the head loss of income during laid up period

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7 MFA NO.7176/2018

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which is on the lesser side. Taking the notional income at Rs.9,500/- per month for a period of four months, compensation of Rs.38,000/- (Rs.9,500/- p.m., x 4 months) is awarded under the head loss of income during laid up period.

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The compensation amount awarded by the Tribunal under the head medical expenses is as per the actual bills produced, which needs no interference. Hence, it is kept in tact.

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The compensation of Rs.10,000/is

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awarded under the head future medical expenses which is on the lesser side and the same is enhanced

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to Rs.25,000/- .

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The compensation of Rs.10,000/- awarded under the head diet and conveyance is on the lesser side and the same is enhanced to Rs.25,000/- .

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8 MFA NO.7176/2018

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The compensation of Rs.30,000/- awarded under the head loss of amenities is on the lesser side

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and the same is enhanced to Rs.50,000/- .

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Thus, in all, the appellant/claimant is

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entitled to enhanced compensation as follows:

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Pain and sufferings	Rs. 60,000/-
Loss of laid up period (Rs.9,500/- p.m., x 4 months =Rs.16,000/-)	Rs. 38,000/-
Medical expenditure	Rs. 46,500/-	Kept in tact
Future medical expenditure	Rs. 25,000/-
Loss of future income	Rs.6,32,016/-
Towards diet and conveyance	Rs. 25,000/-
Loss of amenities	Rs. 50,000/-
Total	Rs.8,76,516/-

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The Tribunal has awarded compensation of Rs.4,12,000/-, but the appellant/claimant is entitled to total compensation of Rs.8,76,516/- . Hence, the appellant/claimant is entitled to enhanced compensation of Rs.4,64,516/- (Rs.8,76,516/- - Rs.4,12,000/-). Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.4,64,516/- along with interest at the rate of 6% per annum from

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9 MFA NO.7176/2018

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the date of petition till the date of realization, in

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addition to what has been awarded by the Tribunal.

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Accordingly, I proceed to pass the

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following:

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ORDER

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Appeal is allowed-in-part .

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The impugned judgment and award dated 16.04.2018 in MVC.No.7526/2016 passed by the MACT, Bengaluru, is modified to the extent that the appellant/claimant is entitled to enhanced compensation of Rs.4,64,516/- along with the rate of interest at 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by the Tribunal.

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Draw award accordingly.

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No order as to costs.

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10 MFA NO.7176/2018

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The appellant/claimant is not entitled for interest

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for the delay period of 40 days in filing the appeal.

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Sd/-