Partly allowed

Nanjappa v. Vijayakumar

Karnataka HC28 Oct 2022MFA/757/2020

Case brief

AI extract

What is this about?

In a Motor Vehicles Act appeal, the High Court enhanced the compensation awarded to a motorcycle rider injured in a road accident by the respondent's vehicle. The court increased awards for pain and sufferings and loss of amenities while accepting the claim for medical expenses and loss of income.

What did the court decide?

Compensation enhanced from Rs. 6,18,523/- to Rs. 7,43,523/- to be deposited by the Insurance Company within six weeks with 6% p.a. interest.

Nanjappa Vs Vijayakumar — Motor Accident Claims | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF OCTOBER 2022

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BEFORE

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THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD

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MFA No.757 OF 2020(MV)

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BETWEEN:

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Nanjappa, S/o Late Heerappa, Aged about 58 years, R/o Shivani Railway Station, Post Shivani, Taluk Tarikeri, District Davanageri-577001. … Appellant

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(By Sri.Chandrashekar P Patil, Advocate)

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AND:

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Vijayakumar, S/o M.T. Thippeshappa, Major, R/o M.B. Medhugondanahalli, Channagiri Taluk-577213.

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Sreerama General Insurance Co. Ltd., Shivamogga-577201. ... Respondents

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(By Sri. B.C. Shivanne Gowda, Advocate for R2; Notice to R1 is dispensed with V/o dated: 26.03.2021)

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This MFA is filed under Section 173(1) of MV Act, against the Judgment and Award dated:05.12.2018 passed in MVC No.42/2015 on the file of the Senior Civil Judge and Principal

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JMFC, MAMACT, Tarikere, partly allowing the claim petition for compensation and seeking enhancement of compensation. This MFA, coming on for admission, this day, this Court, delivered the following:

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J U D G M E N T

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This appeal under Section 173(1) of Motor Vehicles

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Act, 1988 (hereinafter referred to as ‘the Act’) has been

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filed by the claimant being aggrieved by the judgment and

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decree dated 05.12.2018 passed by the Senior Civil Judge and MACT at Tarikere in MVC No.42/2015.

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Facts giving rise to the filing of the appeal briefly

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stated are that on 26.07.2014 at about 1.30 p.m. the claimant was proceeding on motorcycle bearing registration No.KA-16/W-8601 near Kanabagatte Narayanapura Circle. At that time, Omni bearing registration No.KA-36/M-8645 being driven by its driver at a high speed and in a rash and negligent manner, dashed to the vehicle of the claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.

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The claimant filed a petition under Section 166

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of the Act seeking compensation. It was pleaded that he spent huge amount towards medical expenses, conveyance, etc. It was further pleaded that the accident occurred purely on account of the rash and negligent driving of the offending vehicle by its driver.

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On service of notice, the respondent No.2 appeared through counsel and filed written statement in which the averments made in the petition were denied. The age, avocation and income of the claimant and the medical expenses are denied. It was pleaded that the petition itself is false and frivolous in the eye of law. It was further pleaded that the accident was due to the rash and negligent riding of the vehicle by the claimant himself. It was further pleaded that the driver of the offending vehicle did not have valid driving licence as on the date of the accident. It was further pleaded that the liability is subject to terms and conditions of the policy. It was further pleaded that the

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quantum of compensation claimed by the claimant is exorbitant. Hence, he sought for dismissal of the petition.

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The respondent No.1 did not appear before the Tribunal inspite of service of notice and was placed exparte.

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On the basis of the pleadings of the parties, the

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Claims Tribunal framed the issues and thereafter recorded the evidence. The claimant himself was examined as PW-1, another witness was examined as PW-2 and Dr.Monappa Naik A. was examined as CW-1 and got exhibited documents namely Ex.P1 to Ex.P36 and C1 to C4. On behalf of the respondents, neither any witness was examined nor got exhibited documents. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the claimant sustained injuries. The Tribunal further held that the claimant is entitled to a compensation of

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Rs.6,18,523/- along with interest @ 6% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. Being aggrieved, this appeal has been filed.

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Sri Chandrashekhar P.Patil, the learned counsel for the claimant has raised the following contentions:

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Firstly, due to the accident the claimant has suffered grievous injuries. He was inpatient for a period 21 days, he has suffered lot of pain during treatment and he has examined the doctor who assessed the disability to particular limb at 33%. But the Tribunal has not awarded any compensation under the head 'loss of future income'.

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Secondly, he has suffered lot of pain during treatment and he has to suffer the disability and unhappiness throughout his life. Considering the same, the compensation granted by the Tribunal under the heads of 'pain and sufferings', 'loss of amenities' and other heads are on the lower side.

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Thirdly, due to the accident the claimant has suffered grievous injuries and he has spent more than Rs.4.00 lakhs for medical expenses. The Tribunal has granted compensation of Rs.2,41,313/- which is on the lower side.

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Fourthly, due to the accidental injuries he has taken leave for 293 days. The compensation awarded by the Tribunal on the basis of the present salary under the head 'loss of income during laid-up period' is on the lower side. Hence, he sought for enhancement of compensation.

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On the other hand, Sri B.C.Shivanne Gowda, the learned counsel for the Insurance Company has raised following counter contentions:

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Firstly, even though the claimant has claimed that he has examined the doctor who has deposed that claimant has suffered 33% disability to particular limb, since he has continued in service he has not suffered any loss of income due to disability. Therefore, the Tribunal has rightly not awarded any compensation under the said head.

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Secondly, considering the injuries suffered by the claimant the Tribunal has rightly awarded compensation under the heads 'pain and sufferings', 'loss of amenities' and other incidental expenses.

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Thirdly, the claimant has produced medical bills for more than Rs.4.00 lakhs, but some of the bills are repeated and some related to advance payment. After considering the documents produced by the claimant the Tribunal has rightly assessed the medical expenses and granted a sum of Rs.2,41,313/-.

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Fourthly, considering the injuries sustained by the claimant and considering the age and avocation of the claimant, the overall compensation awarded by the Tribunal is just and reasonable compensation. Hence, he sought for dismissal of the appeal.

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Heard the learned counsel for the parties and perused the judgment and award and the original records.

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9. It is not in dispute that the claimant has

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sustained injuries in the road traffic accident occurred due to rash and negligent driving of the offending vehicle by its driver.

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Due to the accident the claimant has suffered lacerated wound over left eye, fracture of left neck of femur and shaft of femur, fracture of both bones of left leg, fracture of left ulna. He was treated as inpatient for more than 21 days in the hospital and thereafter, has received further treatment. He has suffered lot of pain during treatment and he has to suffer with the disability and unhappiness throughout his life. Considering the same, I am inclined to enhance the compensation awarded by the Tribunal under the head of 'pain and sufferings' from Rs.60,000/- to Rs.80,000/-, 'loss of amenities' from Rs.5,000/to Rs.70,000/-, ‘food, conveyance and nourishment’ from Rs.10,000/- to Rs.50,000/-.

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Considering the nature of injuries, the compensation awarded by the Tribunal under other heads is just and reasonable.

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Thus, the claimant is entitled to the following compensation:

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Compensation under different Heads	As awarded by the Tribunal (Rs.)	As awarded by this Court (Rs.)
Pain and sufferings	60,000	80,000
Medical expenses	2,41,313	2,41,313
Food, nourishment, conveyance and attendant charges	10,000	50,000
Loss of income during laid up period	2,77,210	2,77,210
Loss of amenities	5,000	70,000
Future medical expenses	25,000	25,000
Total	6,18,523	7,43,523

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In the result, the appeal is allowed in part. The judgment of the Claims Tribunal is modified.

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The claimant is entitled to a total compensation of Rs.7,43,523/- as against Rs.6,18,523/- awarded by the

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Tribunal.

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The Insurance Company is directed to deposit the

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enhanced compensation amount along with interest @ 6% p.a. from the date of filing of the claim petition till the date of realization, within a period of six weeks from the date of receipt of copy of this judgment.

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In view of the order dated 07.04.2021 passed by this Court, the claimant is not entitled to interest for the delayed period of 292 days in filing the appeal.

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Sd/JUDGE

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Cm/-

Nanjappa v. Vijayakumar

Case brief

What is this about?

What did the court decide?

Nanjappa v. Vijayakumar

Case brief

What is this about?

What did the court decide?

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