The High Court allowed the appeal partly, enhancing compensation awarded to a motor accident claimant. The court increased amounts for pain and suffering, loss of amenities, and future medical expenses, totaling Rs. 4,32,000, and adjusted the interest rate to 6% per annum.
Compensation enhanced to Rs. 4,32,000 with interest at 6% per annum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 1259 OF 2021 (MV)
BETWEEN:
SRI NAGARAJU S/O BASAVEGOWDA AGED ABOUT 50 YEARS R/AT BALLEKERE VILLAGE S R PATNA TALUK MANDYA DISTRICT 571401
…APPELLANT
(BY SRI. MANJUNATH N D.,ADVOCATE)
AND:
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
…RESPONDENTS
(BY SRI.D VIJAYAKUMAR., ADVOCATE FOR R2: NOTICE TO R1 IS D/W V/O DATED: 28.06.2022)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:08.06.2020 PASSED IN MVC NO.1539/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MEMBER, MACT, SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Act, 1988 (hereinafter referred to as ‘the Act’) has been filed by the claimant being aggrieved by the judgment dated 08.06.2020 passed by MACT, Srirangapatna in MVC No.1539/2018.
and dashed to the claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.
and the medical expenses are denied. It was further pleaded that the quantum of compensation claimed by the claimant is exorbitant. Hence, he sought for dismissal of the petition.
The respondent No.1 did not appear before the Tribunal inspite of service of notice and was placed exparte.
a) Firstly, even though the claimant claims that he was doing agricultural work dairy business and earning Rs.20,000/- per month, but the Tribunal has taken the notional income as merely as Rs.8,500/- p.m. b) Secondly, due to the accident, the claimant has sustained grievous injuries. He was treated as inpatient for a period of 6 days. Even after discharge from the hospital, he was not in a position to discharge his regular work. He has suffered lot of pain during treatment. Considering the same, the compensation awarded by the Tribunal under the heads of 'loss of amenities', 'pain and sufferings', ‘future medical expenses’ and other incidental expenses are on the lower side. Hence, he sought for allowing the appeal.
a) Firstly, even though the claimant claims that he was earning Rs.20,000/- per month, he has not produced any documents to establish his income. In the absence of proof of income, the Tribunal has rightly assessed the income of the claimant notionally.
b) Secondly, the injuries suffered by the claimant are minor in nature. Considering the injuries sustained by the claimant and considering the age and avocation of the claimant, the compensation awarded by the Tribunal under the heads of 'loss of amenities', 'pain and sufferings' and other incidental expenses are just and reasonable and it does not call for interference.
c) Lastly, in view of the Division Bench decision of this Court in the case of Ms.Joyeeta Bose and others –vVenkateshan.V and others (MFA 5896/2018 and connected matters disposed of on 24.8.2020), the rate of interest awarded by the Tribunal at 9% p.a. on the
NC: 2023:KHC:42266 MFA No. 1259 of 2021
compensation amount is on the higher side. Hence, he sought for dismissal of the appeal.
fracture of left lateral condyle tibia and lacerated wound over the face measuring 3X2 cm. The Tribunal after taking into consideration the deposition of the doctor and injuries mentioned in the wound certificate, has rightly taken the whole body disability at 11%. The claimant is aged about 47 years at the time of the accident and multiplier applicable to his age group is ‘13’. Thus, the claimant is entitled for compensation of Rs.2,14,500/-
(Rs.12,5001213*11%) on account of 'loss of future income'.
treated as inpatient for more than 6 days in the hospital.
He has suffered lot of pain during treatment and he has to suffer with the disability stated by the doctor 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.30,000/- to Rs.40,000/-
and under the head of 'loss of amenities' from Rs.30,000/to Rs.40,000/- .
Rs.25,000/-.
16. Thus, the claimant is entitled to the following compensation:
| Compensation under different Heads |
As awarded by the Tribunal (Rs.) |
As awarded by this Court (Rs.) |
|---|---|---|
| Pain and sufferings | 30,000 | 40,000 |
| Medical expenses | 69,000 | 69,000 |
| Food, nourishment, conveyance and attendant charges |
6,000 | 6,000 |
| Loss of income during laid up period |
26,000 | 37,500 |
| Loss of amenities | 30,000 | 40,000 |
| Loss of future income | 1,46,000 | 2,14,500 |
| Future medical expenses | 20,000 | 25,000 |
| Total | 3,27,000 | 4,32,000 |
17. In the result, the following order is passed:
ORDER
a) The appeal is allowed in part .
NC: 2023:KHC:42266 MFA No. 1259 of 2021
the date of receipt of copy of this judgment.
Sd/JUDGE
HA
List No.: 3 Sl No.: 38
3 issues framed by the court
Whether the compensation awarded by the Tribunal needs enhancement based on the nature of injuries and loss of amenities.
Whether the rate of interest on compensation should be modified in view of the Division Bench decision.
Whether the claimant's income should be assessed notionally in the absence of documentary proof.
Colour shows how this judgement treated each authority
Ms. Joyeeta Bose and others v. Venkateshan.V and othersRelied on¶38
Ms.Joyeeta Bose and others –vVenkateshan.V and others (MFA 5896/2018 and connected matters disposed of on 24.8.2020)
2 provisions across 1 enactments
SRI NAGARAJU S/O BASAVEGOWDA
DEVARAJU S/O LATE JAVARAGOWDA
RELIANCE GENERAL INSURANCE CO LTD
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
