Allowed

Sri Venkategowda v. Sri Thirumala

Karnataka HC2 Aug 2022MFA.CROB/90/2019

Case brief

AI extract

What is this about?

Single Judge of the High Court of Karnataka reviewed compensation awarded for motor accident injuries. The Court modified the Tribunal's award by recalculating pain and suffering, loss of earning during laid-up period, and loss of future earning capacity based on disability percentage and Supreme Court multipliers, reducing the total from Rs.3,25,334 to Rs.1,60,494.

What did the court decide?

Modification of the impugned judgment and award to grant the claimant a total compensation of Rs.1,60,494/- along with interest at 6% per annum.

Sri Venkategowda Vs Sri Thirumala — Motor Accident Claims | Karnataka HC (2022)

¶1

1 MFA NO.6302/2018 C/W MFA CROB.NO.90/2019

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 2^ND DAY OF AUGUST, 2022

¶4

BEFORE

¶5

THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

¶6

M.F.A.NO.6302/2018 C/W M.F.A.CROB.NO.90/2019 (MV)

¶7

IN MFA NO.6302/2018

¶8

BETWEEN:

¶9

SMT. KEMPAMMA, W/O SUBBANNA, AGED ABOUT 60 YEARS, R/O 171/2, NERALAKERE, ARAKERE HOBLI, S.R.PATNA TALUK, MANDYA-571435.

¶10

… APPELLANT

¶11

(BY SRI.B.M.KENCHEGOWDA, ADVOCATE FOR SRI. V.N.MADHAVA REDDY, ADVOCATE)

¶12

AND:

¶13

VENKATEGOWDA, S/O LATE. HONNEGOWDA, AGED ABOUT 53 YEARS, R/O HULLUKERE KOPPALU VILLAGE, KOTHATHI HOBLI, MANDYA TALUK DISTRICT-571432.

¶14

THIRUMALA, S/O LATE. K.THIMMAIAH, AGED ABOUT 50 YEARS, R/O KULLANAKOPPALU VILLAGE, SOSALE HOBLI,T.NARASIPURA TALUK, MYSORE DISTRICT-571120.

¶15

... RESPONDENTS

¶16

(BY SRI. KUMARA K.G., ADVOCATE FOR R1, R2-SERVED & UNREPRESENTED)

¶17

2 MFA NO.6302/2018 C/W MFA CROB.NO.90/2019

¶18

THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:24/05/2018, PASSED IN MVC NO.749/2015, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE & MACT, MANDYA, AWARDING COMPENSATION OF RS.3,25,334/- ALONG WITH INTEREST @ 6% PER ANNUM UPON IT FROM THE DATE OF PETITION TILL DATE OF DEPOSIT AND ETC.,

¶19

IN MFA CROB.NO.90/2019 BETWEEN

¶20

SRI. VENKATEGOWDA, S/O LATE HONNEGOWDA, AGED 54 YEARS, R/O HULLUKERE KOPPALU VILLAGE, KOTHATHI HOBLI, MANDYA TALUK & DISTRICT-571401. …CROSS OBJECTOR (BY SRI.KUMARA K.G., ADVOCATE)

¶21

AND

¶22

SRI. THIRUMALA, S/O LATE K.THIMMAIAH, AGE 51 YEARS, R/O KULLANAKOPPALU VILLAGE, SOSALE HOBLI, T.NARASIPURA TALUK, MYSORE DISTRICT-571124.

¶23

SMT. KEMPAMMA, W/O SUBBANNA, MAJOR, R/O NO.171/2, NERALAKERE, ARAKERE HOBLI, S.R.PATNA TALUK, MANDYA DISTRICT-571438.

¶24

…RESPONDENTS (BY SRI. V.N.MADHAVA REDDY, ADVOCATE FOR R1 SRI. B.M.KENCHEGOWDA, ADVOCATE FOR R2)

¶25

3 MFA NO.6302/2018 C/W MFA CROB.NO.90/2019

¶26

THIS CROB. IN MFA NO.6302/2018 FILED U/O 41 RULE 22 OF COPC AGAINST THE JUDGMENT AND AWARD DATED:24.05.2018 PASSED IN MVC NO.749/2015 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & CJM, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENAHNCEMENT OF COMPENSATION AND ETC.,

¶27

M.F.A. NO.6302/2018 AND M.F.A CROB.NO.90/2019 IN MFA NO.6302/2018 COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

¶28

J U D G M E N T

¶29

MFA No.6302/2018, is filed under Section-173(1), of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘MV Act’ for brevity) by the appellant – owner of the offending vehicle, challenging the judgment and award dated 24.05.2018, passed in MVC No.749/2015, on the file of Principal Senior Civil Judge and MACT, Mandya (hereinafter referred to as ‘the Tribunal’ for brevity), questioning the quantum of compensation awarded.

¶30

MFA Crob. No.90/2019 is filed by the claimant for seeking enhancement of the quantum of the

¶31

compensation.

¶32

4 MFA NO.6302/2018 C/W MFA CROB.NO.90/2019

¶33

Brief facts:

¶34

On 27.11.2014, at about 3.30 p.m., when the claimant was going on his motor cycle bearing registration No.KA-03/EC-508 from his village towards Mandya and when he was going in front of Kaluve Tumba road near Gowrishankar Kalyana Mantap, Mandya, a goods auto bearing registration No.KA-11/A-1233 came in a rash and negligent manner from opposite direction and dashed against the motor cycle as such the claimant suffered injuries on the dorsal aspect of left forearm and grievous injuries over right knee and fracture of tibia. It is further stated by the claimant that he was admitted as an inpatient at MIMS for three days and has taken treatment as well as undergone follow up treatment.

¶35

Hence, a claim petition was filed by the claimant under Section-166 of the M.V. Act, claiming compensation for the injuries sustained in the accident. The Tribunal on appreciating the materials on record, allowed the petition in part, and awarded a compensation of Rs.3,25,334/along with interest at 6% per annum, from the date of

¶36

5 MFA NO.6302/2018 C/W MFA CROB.NO.90/2019

¶37

petition till the date of deposit. The Tribunal held respondent No.2 – owner of the offending vehicle, is liable to pay the compensation.

¶38

The learned counsel for the appellant – owner of the offending vehicle submitted that the amount of compensation awarded under each head is on higher side and exorbitant and therefore prays for reducing the quantum of compensation. Therefore, prays to allow the appeal filed by the owner of the goods auto rickshaw.

¶39

On the other hand, the learned counsel for the claimant submitted that the compensation awarded under different heads is not correct, which needs interference. Therefore, prays for enhancement of compensation and allow the appeal.

¶40

The Tribunal has awarded compensation under various heads as follows:

¶41

Sl.No	Heads		Compensation
1	Towards pain, shock and sufferings along with discomfort and inconvenience	:	50,000/-
2	Towards Medical Expenses	:	10,234/-
3	Towards food, nourishment,	:	2,000/-

¶42

6 MFA NO.6302/2018 C/W MFA CROB.NO.90/2019

¶43

	medical attendant
4	Towards loss of earning	:	22,500/-
5	Towards transportation	:	3,000/-
6	Loss of future earning capacity	:	2,37,600/-
	Total	:	3,25,334/-

¶44

In the present case, Exhibit-P6 is the Wound

¶45

Certificate and other medical evidences, shows that the claimant having been suffered bycondular fracture of right tibia. Therefore, the compensation awarded by the Tribunal at Rs.50,000/- towards ‘pain and suffering’ is on higher side and accordingly reduced to Rs.30,000/-.

¶46

The Tribunal has awarded a compensation of Rs.10,234/- towards Medical Expenses , which are as per actual medical receipts. Hence, it does not require interference. The Tribunal has awarded Rs.2,000/- towards ‘food, nourishment, and medical attendant charges and Rs.3,000/- towards ‘ transportation charges’, which are found to be proper and hence there is no need to make any modification. The accident was caused in the year 2014, therefore the notional income ought to have been taken at Rs.8,500/- per month as per the chart of Karnataka State Legal Services Authorities.

¶47

7 MFA NO.6302/2018 C/W

¶48

Accordingly, the income of the claimant is assessed as Rs.8,500/- per month and if the laid up period is taken as Three Months, the appellant is entitled for a sum of Rs.25,500/- (Rs.8,500 x 3 months) , under the head ‘Loss Of Earning During Laid Up Period’.

¶49

The Tribunal has awarded loss of earning capacity due to disability by considering the physical disability at 24%. It is argued by the learned counsel for the owner of the offending goods auto that the Tribunal has considered 20% of the disability as whole-body disability, contrary to the evidence of the Doctor, wherein the Doctor – PW-2 has stated that the claimant had suffered 24% of the physical disability towards right lower limb, therefore, considering the percentage of the whole body disability, the disability considered by the Tribunal is correct. Therefore, 1/3^rd of 24% is to be taken into consideration towards whole body disability. Therefore, 8% of disability is taken into consideration as functional disability. Considering the nature of injuries sustained, which is only single fracture. Further, the notional income

¶50

8 MFA NO.6302/2018 C/W MFA CROB.NO.90/2019

¶51

as stated above would be taken at Rs.8,500/- per month. The appropriate multiplier applicable as per the judgment of the Hon’ble Supreme Court, in the case of Smt.Sarla

¶52

Verma & Others. Vs. Delhi Transport Corpn And Another reported in AIR 2009 SC 3104 , is ‘12’. Therefore, the compensation under the head ‘Loss Of Future Earning Capacity’ is recalculated and quantified as follows:

¶53

Rs.8,500 x 8/100 x 11 x 12 = Rs.89,760/-

¶54

Accordingly, the compensation of Rs.89,760/-

¶55

is awarded under the head ‘loss of future earning capacity due to disability’. Therefore, this Court has modified the quantum of the compensation. Hence, the appellant is entitled for a total compensation, under various heads as follows:

¶56

Sl.No	Heads		Compensation
1	Towards pain, shock and sufferings along with discomfort and inconvenience	:	30,000/-
2	Towards Medical Expenses	:	10,234/-
3	Towards food, nourishment, medical attendant	:	2,000/-
4	Towards loss of earning during laid up period (8,500 x 3)	:	25,500/-

¶57

9 MFA NO.6302/2018 C/W MFA CROB.NO.90/2019

¶58

5	Towards transportation	: 3,000/-
6	Loss of future earning capacity (Rs.8,500 x 8/100 x 11 x 12)	: 89,760/-
	Total	: 1,60,494/-

¶59

Therefore, the appellant is awarded a total compensation of Rs.1,60,494/- as against the compensation awarded by the Tribunal at Rs.3,25,334/-, along with interest at 6% per annum from the date of filing of the petition till deposit.

¶60

12. Accordingly, I pass the following: ORDER

¶61

i. MFA No.6302/2018, filed by the owner of the offending vehicle is allowed.

¶62

ii. MFA Crob. No.90/2019 filed by the claimant is dismissed.

¶63

iii. The impugned judgment and award dated 24.05.2018, passed in MVC No.749/2015, on the file of Principal Senior Civil Judge and MACT, Mandya is modified to an extent that the claimant is entitled for a compensation of

¶64

Rs.1,60,494/- (Rupees One Lakh Sixty

¶65

10 MFA NO.6302/2018 C/W MFA CROB.NO.90/2019

¶66

Thousand Four Hundred and Ninety Four Only), along with interest at 6% per annum from the date of filing of the petition till deposit.

¶67

iv. The amount in deposit shall be transmitted to the Tribunal forthwith.

¶68

v. 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.

¶69

vi. Draw award accordingly.

¶70

Sd/-

¶71

JUDGE

¶72

Sri Venkategowda v. Sri Thirumala

Case brief

What is this about?

What did the court decide?

Sri Venkategowda v. Sri Thirumala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Divisional Manager Vs Ashoka

The Divisional Manager Vs Gowramma

The Divisional Manager Vs Eshwar

Mr. Naveen Anjum Vs Sri Mahesh

Mr. Naveen S Vs the Managing Director

Manjunath B Vs the Divisional Manager