Partly allowed

Smt. Gayathramma v. Chethan H. N. S/O Nagaraja H.S.

Karnataka HC8 Jun 2022MFA/8171/2017

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the appeal filed by a motor accident claimant against the Motor Accidents Claims Tribunal. The Court enhanced the compensation from Rs.1,18,831 to Rs.2,53,851 by increasing amounts for pain and sufferings, conveyance charges, and loss of future income, and by granting a new head of loss of amenities.

What did the court decide?

Enhanced compensation of Rs.1,35,020/- awarded in addition to Tribunal's award, along with interest at 6% p.a.

Smt. Gayathramma Vs Chethan H. N. S/O Nagaraja H.S. — 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 08^TH DAY OF JUNE, 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.8171/2017 (MV-I)

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BETWEEN :

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SMT. GAYATHRAMMA, W/O M. CHANDRASHEKARAPPA, AGE:56 YEARS, OCC:BUSINESS, R/O LIG-27-28-29, VEERABHADRESHWARA NILAYA, OPP. K.H.B. COLONY, GOPALA, SHIVAMOGGA-577205.

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… APPELLANT

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(BY SMT. MANJULADEVI R. KAMADALLI, ADVOCATE)

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AND :

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CHETHAN H.N. S/O NAGARAJA H.S. AGED ABOUT 37 YEARS,

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6^TH CROSS, VINOOBHA NAGARA, SHIVAMOGGA-577209. (DRIVER OF INDIA VISTA Z STD-1 CAR BEARING REG.NO.KA:14/A-8711),

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SATHISHA K. S/O KRISHNAPPA, AGED ABOUT 52 YEARS, R/O GIDDAMMA NILAYA, 7^TH CROSS, VINOBHA NAGARA, OPP. OLD MGM SCHOOL, SHIVAMOGGA-577209.

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(R.C. OWNER OF INDIA VISTA Z STD-I CAR BEARING REG.NO.KA;14/A-8711),

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UNITED INDIA INSURANCE COMPANY LTD., REGISTERED AND HEAD OFFICE, NO.24, WHITES ROAD, CHENNAI-600014. (POLICY NO.2404003115P112712382, 24/01/2016 TO 23/06/2017)

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... RESPONDENTS

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(BY SRI.KRISHNA KISHORE S., ADVOCATE FOR R3, R2-SERVED AND UNREPRESENTED, NOTICE TO R1-DISPENSED WITH V/O DTD-10/08/2021)

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THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:12.07.2017 PASSED IN MVC NO.288/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC, TARIKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.,

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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

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appellant/claimant challenging the judgment and award dated 12.07.2017 passed in MVC.No.288/2016 by the Senior Civil Judge and MACT, Tarikere. The

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claim petition was filed by the appellant/claimant seeking compensation. The Tribunal has partly allowed the claim petition and awarded compensation of Rs.1,18,831/- with interest at 6% p.a., from the date of petition till the date of deposit. Being aggrieved by the same, the present appeal is filed before this Court.

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2. Brief facts of the case are as under:

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On 05.03.2016 the claimant was traveling with

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other passengers in a Maruthi Car bearing No.KA/P-5806 from Shivamogga towards Tarikere and the said vehicle was driven by one Parameshwarappa in slow manner on the left side of the road by observing all the traffic rules and regulations. When the vehicle was proceeding near Belenahalli Village, on NH-206 in Tarikere Taluk, at about 11.35 a.m., respondent No.1 being the driver of Indica Car bearing No.KA:14/8711 drove the same in a rash and negligent manner with excessive speed without

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observing traffic rules and regulations and came from opposite direction and dashed to their Maruthi Car. Due to the said accident, the claimant sustained injuries. Immediately, after the accident, she was shifted to Government Hospital, Tarikere and thereafter to Sahyadri Narayana Multi Speciality Hospital, Shivamogga and was admitted as an inpatient for a period of one week.

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Learned counsel for the appellant submitted that the compensation awarded under each head is not sufficient. Therefore, prays for enhancement of compensation.

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Learned counsel for respondent No.3Insurance Company submitted that the compensation awarded under each head is proper. Hence, there is no need to make any interference. Therefore, prays for dismissal of the appeal.

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5. The Tribunal has awarded the

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compensation under various heads as follows:

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Pain and sufferings	Rs.30,000.00
Medical expenditure	Rs.15,651.00
Conveyance, food, attendant charges	Rs.10,000.00
Loss of future income	Rs.63,180.00
(Rs.4,500/-x 12 x 13 x 9%)
Total	Rs.1,18,831.00

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The appellant had suffered fracture of right

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leg and left leg and other parts of the body. Therefore, Rs.30,000/- awarded under the head “pain and sufferings” is not sufficient. Therefore, compensation of Rs.50,000/- is awarded under the head “pain and sufferings”. Further Rs.10,000/- awarded under the head “conveyance, food and attendant charges” is not sufficient. Hence, Rs.20,000/- is awarded under the head “conveyance, food and attendant charges”.

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Further, the Tribunal has held the monthly

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notional income of Rs.4,500/-, which is on the lesser side. The appellant is a home worker and considering the year of accident as 2016, the notional income

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ought to have been taken at Rs.9,500/- per month considering the notional income recognized by the Karnataka State Legal Service Authority. Therefore, the compensation under the head “loss of future income” is calculated and quantified as follows: Rs.9,500/- x 10% x 13 x 12 = Rs.1,48,200/-

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Further the compensation awarded at Rs.15,651/- towards “medical expenses” is as per the requirements. Therefore, there is no need to make interference in this regard. Further, the Tribunal has not awarded any compensation under the head “loss of amenities”. But the appellant is a home worker and being a women definitely she might have suffered pain and mental agony. Therefore, the compensation is required to be granted under the head “loss of amenities”. Hence, Rs.20,000/- is awarded under the head “loss of amenities”.

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9. The appellant/claimant is entitled to the

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compensation as follows:

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Pain and sufferings	Rs.50,000.00
Medical expenditure	Rs.15,651.00
Conveyance, food, attendant charges	Rs.20,000.00
Loss of future income
(Rs.4,500/-x 12 x 13 x 9%)	Rs.1,48,200.00
Loss of amenities	Rs.20,000.00
Total	Rs.2,53,851.00

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The Tribunal has awarded the compensation of Rs.1,18,831/-, but the appellant/claimant is entitled to total compensation of Rs.2,53,851/-. Hence, the appellant is entitled to enhanced compensation of Rs.1,35,020/- (Rs.2,53,851/Rs.1,18,831/-). Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.1,35,020/- along with interest at the rate of 6% per annum from the date of petition till the date of deposit.

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Accordingly, I pass the following:

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ORDER

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Appeal is allowed in part .

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The appellant/claimant is entitled to enhanced compensation of Rs.1,35,020/- along with the rate of interest at 6% per annum from the date of petition till the date of deposit, 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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Sd/JUDGE

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Smt. Gayathramma v. Chethan H. N. S/O Nagaraja H.S.

Case brief

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Smt. Gayathramma v. Chethan H. N. S/O Nagaraja H.S.

Case brief

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What did the court decide?

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