Partly allowed

The Manager v. Maruti M/O Renuka Madar

Karnataka HC5 Oct 2023MFA/102107/2018

Case brief

AI extract

What is this about?

In two miscellaneous first appeals under Section 173(1) of the Motor Vehicles Act, 1988, the High Court modified the tribunal's award in a motor accident case. The court dismissed the insurance company's appeal regarding contributory negligence and partly allowed the claimant's appeal, enhancing the compensation due to discrepancies in disability assessment and future income calculation.

What did the court decide?

Additional compensation of Rs. 1,30,750/- including interest at 6% p.a. granted to the claimant.

The Manager Vs Maruti M/O Renuka Madar — Motor Accident Claims | Karnataka HC (2023)

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NC: 2023:KHC-D:12031 MFA No. 102107 of 2018 C/W MFA No. 103125 of 2018

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 5^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO.102107/2018(MV) C/W MISCELLANEOUS FIRST APPEAL NO.103125/2018(MV)

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IN MFA.NO.102107/2018:

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BETWEEN:

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THE MANAGER, ORIENTAL INSURANCE CO. LTD., NEAR SANGOLLI RAYANNA CIRCLE, JAMKHANDI ROAD, MUDHOL, DIST: BAGALKOTE, REPRESENTED BY AUTHORISED SIGNATORY, THE ORIENTAL INSURANCE CO. LTD., REGINAL OFFICE, LAMINGATON ROAD, HUBBALLI-580023.

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…APPELLANT

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(BY SRI S. V. YAJI, ADVOCATE)

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AND:

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Digitally signed by BHARATHI H M

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MARUTI M/O RENUKA MADAR, AGE: 24 YEARS, OCC: AGRICULTURE, NOW NIL, R/O: KISHORI, TQ: MUDHOL, DIST: BAGALKOTE-587111. 2. THE CHAIRMAN AND M.D. M/S. SRI PRABHULINGESHWAR SUGARS AND CHEMICALS LTD., AGE: 45 YEARS, OCC: SERVICE, AT POST: SIDDAPUR, TQ: JAMAKHANDI, DIST: BAGALKOTE-587301. …RESPONDENTS (BY SRI H.R.LATUR, ADVOCATE FOR R1; SRI M.C.HUKKERI, ADVOCATE FOR R2)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS AND TO

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NC: 2023:KHC-D:12031 MFA No. 102107 of 2018 C/W MFA No. 103125 of 2018

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SET ASIDE THE JUDGMENT AND AWARD DATED 01.02.2018 PASSED BY THE MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL XIV MUDHOL IN MVC NO.540/2016 SADDLING THE LIABILITY AGAINST THE APPELLANT.

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IN MFA.NO.103125/2018:

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BETWEEN:

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MARUTI M/O RENUKA MADAR, AGE: 24 YEARS, OCC: AGRICULTURE, NOW NIL, R/O: KISHORI, PIN: 587 113, TQ: MUDHOL, DIST: BAGALKOTE.

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…APPELLANT

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(BY SRI HANAMANT R. LATUR, ADVOCATE)

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AND:

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THE CHAIRMAN AND M.D. M/S. SRI PRABHULINGESHWAR SUGARS AND CHEMICALS LTD., AGE: 45 YEARS, OCC: SERVICE, AT POST: SIDDAPUR, TQ: JAMAKHANDI, DIST: BAGALKOTE.

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THE BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LTD., NEAR SANGOLLI RAYANNA CIRCLE, JAMKHANDI ROAD, MUDHOL, DIST: BAGALKOT, PIN: 587313.

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…RESPONDENTS

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(BY SRI M.C.HUKKERI, ADVOCATE FOR R1; SRI S.V.YAJI, ADVOCATE FOR R2)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD PASSED BY MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL XIV, MUDHOL, IN MVC NO.540/2016 DATED 01.02.2018, IN THE INTEREST OF JUSTICE AND EQUITY.

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THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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NC: 2023:KHC-D:12031 MFA No. 102107 of 2018 C/W MFA No. 103125 of 2018

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JUDGMENT

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MFA No.102107/2018 is filed by the insurance company challenging the judgment and award dated 01.02.2018 passed by the Motor Vehicle Accident Claims Tribunal-XIV, Mudhol, in M.V.C. No.540/2016, contending that there is contributory negligence on part of the driver of the motorcycle and also for reducing quantum of compensation whereas MFA No.103125/2018 is filed by the claimant for seeking enhancement of compensation.

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The occurrence of accident, injuries sustained

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by the claimant, coverage of insurance are not in dispute.

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Heard the arguments from both sides and perused the records.

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In the present case the accident is between motorcycle bearing registration No.KA-48/R-2849 and Mahindra XYLO vehicle bearing registration No.KA48/1706. The claimant is pillion rider on the motorcycle. The tribunal has fastened entire rashness and negligence on part of the driver of the Mahindra XYLO vehicle as the

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vehicle has hit the motorcycle from backside. Since the claimant is a pillion rider, hence, the claimant cannot be stated that he has contributed his negligence and rashness in the accident. Therefore, the tribunal is correct in holding the entire rashness and negligence on the part of driver of Mahindra XYLO vehicle.

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In the present case, from the medical evidence

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on record it is proved that the claimant had suffered fracture of right femur and fracture of left inferior and superior public ramus.

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The tribunal awarded the compensation under

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various heads as under:

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Sl. No.	Heads.	Amount in (Rs.)
1.	Towards pain and suffering.	5,000
2.	Towards medical expenses.	1,20,802
3.	Towards loss of amenities.	5,000
4.	Towards loss of income during treatment period.	8,000
5.	Towards attendant charges.	1,800
6.	Towards loss of future income.	2,59,200
	Total:	3,99,802

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Considering the nature of injuries sustained, a

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compensation of Rs.50,000/- is awarded towards pain and suffering. Further, a compensation of Rs.30,000/- is awarded towards loss of amenities.

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The doctor has stated that the claimant had suffered 35% to right lower limb and 25% to the left lower limb. Even though the doctor is not a treated doctor, but as a qualified medical practitioner he can assess the percentage of disability. The tribunal has taken 15% as functional disability towards whole body.

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It is canvas by the learned counsel for the insurance company that the fractures are united. Therefore, there is no disability.

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Even though the fractures are united but it cannot be said that there is no functional disability. The claimant has suffered fracture of disability to the pubic ramus to the left side and fracture of femur of right leg certainly affects the rising capacity of the claimant. Therefore, the tribunal is correct in holding the claimant

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has suffered 15% as functional disability towards whole body. Hence, the same is kept intact. The accident is caused in the year 2016. Therefore, notional income of Rs.8,750/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 22 years at the time of accident. Therefore appropriate applicable multiplier is 18. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.2,83,500/- (Rs.8,750 x 15% x 12 x 18).

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The compensation awarded towards medical expenses and hospital charges of Rs.1,20,802/- is as per the actual bills and receipts produced. Therefore, the same is kept intact. Further, a compensation of Rs.20,000/- is awarded towards incidental expenses like food, nourishment, traveling, attendant charges, etc.,. Further, a compensation of Rs.26,250/- is awarded under the head loss of income during laid up period for a period of three

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months. Thus, the claimant is entitled for total

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compensation under various heads as under:

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Sl. No.	Heads.	Amount in (Rs.)
1.	Towards injuries, pain and suffering.	50,000
2.	Towards medical expenses.	1,20,802
3.	Towards loss of amenities.	30,000
4.	Towards loss of income during laid up period and medical treatment period.	26,250
5.	Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,.	20,000
6.	Towards loss of future income due to disability.	2,83,500
	Total:	5,30,552
	Less: Compensation awarded by tribunal:	3,99,802
	Enhanced compensation:	1,30,750

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Therefore, the claimant is entitled for total compensation of Rs.5,30,552/- as against Rs.3,99,802/awarded by the tribunal. The claimant is entitled for an additional compensation of Rs.1,30,750/- (Rs.5,30,552/minus Rs.3,99,802/-), along with interest at the rate of 6% p.a. from the date of filing of the petition till

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NC: 2023:KHC-D:12031 MFA No. 102107 of 2018 C/W MFA No. 103125 of 2018

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realization, in addition to what has been awarded by the Tribunal. The Insurance Company is directed to deposit

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the enhanced compensation within eight weeks from the date of receipt of a certified copy of this judgment.

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In the result, I proceed to pass the following:

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ORDER

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i) The appeal filed by the claimant is allowed in part .

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ii) The appeal filed by the insurance company is dismissed .

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iii) The judgment and award dated 01.02.2018 passed by the Motor Vehicle Accident Claims Tribunal-XIV, Mudhol, in M.V.C. No.540/2016 stands modified to the aforesaid extent.

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iv) The claimant is entitled for additional compensation of Rs.1,30,750/- along with

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NC: 2023:KHC-D:12031 MFA No. 102107 of 2018 C/W MFA No. 103125 of 2018

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interest at 6% p.a. from the date of filing of the petition till realization.

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