Partly allowed

Ramappa v. Arun Kumar

Karnataka HC25 Nov 2022MFA/7233/2018

Case brief

AI extract

What is this about?

High Court allowed an appeal under S.173(1) of the Motor Vehicles Act against the Motor Accident Claims Tribunal's award. The Court found the original compensation inadequate, particularly regarding loss of earning capacity due to 25% functional disability and loss of amenities, enhancing the total compensation to Rs. 2,21,740/-.

What did the court decide?

The appeal allowed in part; judgment of Tribunal modified to enhance compensation from Rs.84,340/- to Rs.2,21,740/-.

Ramappa Vs Arun Kumar — Motor Accident Claims | Karnataka HC (2022)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 25^TH DAY OF NOVEMBER, 2022

¶4

BEFORE

¶5

THE HON’BLE MR.JUSTICE HANCHATE SANJEEVKUMAR

¶6

M.F.A.No.7233 OF 2018 (MV-I)

¶7

BETWEEN:

¶8

RAMAPPA S/O. MANJAPPA AGED ABOUT 40 YEARS OCCUPATION AGRICULTURE LOHIYA NAGARA, 3RD CROSS SAGARA TOWN-577 401.

¶9

… APPELLANT

¶10

(BY SRI. HALESHA R.G., ADVOCATE)

¶11

AND:

¶12

ARUN KUMAR S/O. MANJAPPA AGE ABOUT 24 YEARS OCCUPATION MACHNAIC R/O. SHIRUVALA, SAGAR TALUK-577 401.

¶13

DIVISIONAL MANAGER THE NATIONAL INSURANCE COMPANY LIMITED DAKSHA HIRO MOTO CARPS VERTICAL 101/106, BIV HOUSE KANNAGHAT PALACE, NEW DELHI BRANCH OFFICE SITUATED AT J.C. ROAD, SAGAR TOWN-577 401. … RESPONDENTS

¶14

(BY SRI B.A. RAMAKRISHNA, ADV. FOR R2; R1 - SERVED)

¶15

¶16

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.04.2018 PASSED IN MVC NO.1010/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT-9, SAGAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶17

THIS APPEAL COMING ON FOR HEARING ON I.A. THIS DAY, THE COURT DELIVERED THE FOLLOWING:

¶18

JUDGMENT

¶19

This appeal is filed by the claimant under Section 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'MV Act' for short), challenging the judgment and award passed in MVC No.1010/2014 dated 07.04.2018 by the Court of Prl. Senior Civil Judge and MACT, Sagar, seeking enhancement of the compensation.

¶20

The brief facts of the case are that on 22.05.2014, at about 8.10 p.m., the claimant was proceeding as a pedestrian in front of Rama Mandira, at that time, the rider of the motor cycle bearing registration No.KA-51/U-4867 came in high speed in a rash and negligent manner and dashed to the claimant.

¶21

Due to the said impact, the claimant has sustained

¶22

¶23

grievous injuries all over the body. Therefore, the claimant has filed claim petition under Section 166 of the Motor Vehicles Act, seeking compensation.

¶24

The Tribunal after considering the facts and circumstances and evidence on record, has granted compensation of Rs.84,340/- with interest at the rate of 6% per annum from the date of petition till the date of

¶25

realisation, under the following heads:

¶26

Sl.No.	Particulars		Amount (in.Rs.)
1.	Pain and sufferings		50,000-00
2.	Medical expenses		6,340-00
3.	Loss of income treatment period	during	18,000-00
4.	Loss of amenities		10,000-00
	Total		84,340-00

¶27

Being aggrieved by the lesser quantum of

¶28

compensation, the present appeal is filed.

¶29

Heard the arguments of learned counsel for

¶30

the appellant and the learned counsel for the

¶31

¶32

respondent-Insurance Company and perused the

¶33

records.

¶34

Learned counsel for the appellant/claimant submitted that the quantum of compensation awarded by the Tribunal is meager one and prays for enhancement of compensation.

¶35

On the other hand, learned counsel for the respondent-Insurance Company submitted that the compensation awarded by the Tribunal is just and proper and therefore, prays for dismissal of the appeal.

¶36

The medical records proves that the claimant has suffered (i) crush injury to the left foot with fracture of foot bone, (ii) Cut lacerated wound over left forearm (iii) Bruise in the right shoulder with fracture over left clavicle. The claimant is an agriculturist. He has produced the disability certificate as per Ex.P19, but the

¶37

¶38

doctor is not examined. However, the nature of injuries sustained by the claimant is not in dispute. The claimant has suffered 25% functional disability to the lower limb. But the Tribunal has not awarded any compensation under the head 'loss of earning capacity due to disability'. The claimant is an agriculturist, who requires physical strength, particularly, the weight lifting capacity. Therefore, functional disability of 8% is taken into consideration. The accident was occurred in the year 2014. Therefore, the notional income of Rs.8,500/per month is taken as per the chart prepared by the Karnataka State Legal Services Authority. The claimant was aged about 36 years at the time of accident. The appropriate multiplier applicable is '15'. Therefore, 'loss of earning capacity due to disability' is assessed and quantified as Rs.1,22,400/- (Rs.8500x8%x15x12).

¶39

The Tribunal has awarded a sum of

¶40

Rs.10,000/- towards 'loss of amenities, which is on the

¶41

¶42

lesser side. Considering the nature of injuries, discomfort and unhappiness suffered by the claimant due to road

¶43

traffic accident, the same is enhanced to Rs.25,000/-.

¶44

10. The compensation awarded under the head

¶45

'Medical Expenses' is as per the bills produced by the

¶46

claimant. Hence, the same is undisturbed.

¶47

The compensation awarded under other heads

¶48

found to be just and proper and the same is intact.

¶49

Thus, in all, the claimant is entitled for the

¶50

following compensation :

¶51

Sl.No.	Particulars	Compensation awarded (in Rs.)
1.	Pain and sufferings	50,000-00
2.	Medical expenses	6,340-00
3.	Loss of income during the treatment period	18,000-00
4.	Loss of earning capacity due to disability	1,22,400-00
5.	Loss of amenities	25,000-00
	TOTAL	2,21,740-00

¶52

¶53

The Tribunal has awarded the compensation

¶54

of Rs.84,340/-, but the appellant/claimant is entitled to total compensation of Rs.2,21,740/- . Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.1,37,400/- (Rs.2,21,740 - Rs.84,340), along with interest @ 6% p.a., from the date of petition till its realization, in addition to what has been awarded by the Tribunal.

¶55

Accordingly, I proceed to pass the following:

¶56

ORDER

¶57

i. The appeal is allowed-in-part .

¶58

ii. The judgment and award passed by the Tribunal in MVC No.1010/2014 dated 07.04.2018 by the Prl. Senior Civil Judge and Addl. MACT-9, Sagar, is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.1,37,400/- with interest @ 6% p.a., from the

¶59

¶60

date of petition till its realization, in addition to what has been awarded by the Tribunal.

¶61

iii. The appellant/claimant shall not be entitled for interest for the delayed period of 37 days.

¶62

iv. Costs made easy.

¶63

v. Ordered accordingly.

¶64

vi. The amount in deposit is ordered to be transmitted to the Tribunal, forthwith.

¶65

Sd/JUDGE

¶66

Snc

Ramappa v. Arun Kumar

Case brief

What is this about?

What did the court decide?

Ramappa v. Arun Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri Rohith Shetty Vs Sathyanada

Sri. Venkatareddy Vs Mr. Venkatashivareddy

Master Vinod Vs Mr. Venkatashivareddy

The Oriental Insurance Co. Ltd., Vs Sri. Bheemarajaiah

Master Tharun Vs Sri M N Ramachandrashetty

The Branch Manager Vs Smt Gowramma