Partly allowed

Gangadhar S/O Dayanandayya Hallurmath, v. the Managing Director

Karnataka HC4 Aug 2023MFA/20646/2012

Case brief

AI extract

What is this about?

In these motor accident appeals, the High Court enhanced the compensation awarded by the Motor Accident Claims Tribunal. The court increased the loss of amenities, conveyance charges, and loss of income during treatment, and notably reassessed the future loss of income based on a higher functional disability percentage and verified salary details.

What did the court decide?

Respondent ordered to pay enhanced total compensation of Rs. 20,53,000/- with interest at 6% per annum.

Gangadhar S/O Dayanandayya Hallurmath, Vs the… — Motor Accident Claims | Karnataka HC (2023)

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NC: 2023:KHC-D:8375 MFA No. 20646 of 2012 C/W MFA No. 22306 of 2012

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 4^TH DAY OF AUGUST, 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.20646/2012(MV) C/W MISCELLANEOUS FIRST APPEAL NO.22306/2012

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IN MFA NO.20646/2012:

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BETWEEN:

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SRI GANGADHAR S/O. DAYANANDAYYA HALLURMATH, AGE: 29 YEARS, OCC: SERVICE, R/O: CHALAGERI, TQ: RANEBENNUR, DIST: HAVERI.

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…APPELLANT

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(BY SRI VISHWANATH HEGDE, ADVOCATE FOR SRI G.S.HULAMANI, ADVOCATE)

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AND:

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Digitally signed by SUJATA SUJATASUBHASH SUBHASHPAMMAR PAMMAR Date: 2023.11.09 13:17:03 +0530

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THE MANAGING DIRECTOR, NWKRTC, GOKUL ROAD, HOSUR, HUBBALLI.

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…RESPONDENT

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(BY SRI M. K. SOUDAGAR, ADVOCATE)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO CALL FOR RECORDS FROM THE FAST TRACK JUDGE AND MACT, RANEBENNUR IN M.V.C.NO.143/2008 DATED 15.10.2011, FOR SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO.22306/2012:

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BETWEEN:

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NC: 2023:KHC-D:8375 MFA No. 20646 of 2012 C/W MFA No. 22306 of 2012

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THE MANAGING DIRECTOR, NORTH-WEST KRTC, GOKUL ROAD, HOSUR, HUBLI – 580 030, DIST: DHARWAD.

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REPRESENTED BY CHIEF LAW OFFICER, NWKRTC GOKUL ROAD, HUBBALLI – 580 030.

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…APPELLANT

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(BY SRI M.K. SOUDAGAR, ADVOCATE)

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AND:

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SRI GANGADHAR S/O. DAYANANDAYYA HALLURMATH, AGE: 26 YEARS, OCCU: SENIOR ENGINEER, ARYAN REAL TECHNOLOGY ENGINEERING WORKS PVT. LTD., VIKASPUR, NEW DELHI, R/O: CHALAGERI VILLAGE, TQ: RANEBENNUR – 581 110, DIST: HAVERI.

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SRI SOMASHING LAMANI, AGE: MAJOR, (CORRECT AGE NOT KNOWN), OCCU: DRIVER OF THE KSRTC BUS BEARING NO. KA-22/F-1538, R/O: BELAGAVI DEPOT, BELAGAVI – 590 0016.

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…RESPONDENTS (BY SRI VISHWANATH HEGDE, ADVOCATE FOR SRI M.H. PATIL, ADVOCATE FOR R1; R2 IS DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET-ASIDE JUDGMENT AND AWARD DATED 15-10-2011 IN M.V.C.NO.143/2008 PASSED BY THE COURT OF FAST TRACK JUDGE AND MACT, RANEBENNUR AT: RANEBENNUR AND DISMISS THE CLAIM PETITION IN THE INTEREST OF JUSTICE AND EQUITY.

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

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NC: 2023:KHC-D:8375 MFA No. 20646 of 2012 C/W MFA No. 22306 of 2012

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JUDGMENT

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MFA No.20646/2012 is filed by the

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appellant/claimant challenging the judgment and award dated 15.10.2011, in MVC No.143/2008, on the file of the leaned Fast Track Judge & Motor Accident Claims Tribunal, Ranebennur, (for short, hereinafter referred to as 'the Tribunal') seeking enhancement of the compensation whereas MFA No.22306/2012 is filed by the NWKRTC, praying to set aside the impugned judgment.

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Brief factual matrix leading to the case are that on 17.12.2007 at about 5.00 a.m. the claimant was traveling in the NWKRTC Bus bearing registration No.KA22/F-1538 as an authorized passenger from Bangalore to Ranebennur and when the said bus came near Makanur Cross on NH-4 near Harihar at that time the driver of the said bus drove the same in rash and negligent manner dashed to ongoing lorry bearing No.OID-2462 and caused accident. Due to accident the claimant sustained grievous

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injuries. Thereafter, he took treatment at Bapuji Hospital, Davangere, and then at City Central Hospital, Davangere.

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Hence, the claim petition was filed by the

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claimants under Section 166 of the M.V. Act, claiming compensation for the injuries occurred in the accident.

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The Tribunal on appreciating the materials on record, allowed M.V.C.No.143/2008 in part, and awarded a compensation of Rs.7,76,400/- along with interest at 6% per annum within 30 days from the date of order passed by the Tribunal. The Tribunal held that respondents are jointly and severally liable to pay the compensation.

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Heard the arguments advanced by the learned

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counsel for the parties on both sides. Perused the records.

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From the medial evidence on record, it is proved that the claimant sustained comminuted fracture of lower 1/3 of right tibia, fracture of right fibula, fracture of left tibia and other injuries all over the body. The injuries suffered are grievous in nature. The Tribunal has granted compensation under various heads as follows:

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NC: 2023:KHC-D:8375 MFA No. 20646 of 2012 C/W MFA No. 22306 of 2012

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1.	Medical expenses	Rs.50,000/-
2.	Attendant charges	Rs.1,400/-
3.	Loss of income during hospitalization	Rs.7,000/-
4.	Pain and suffering	Rs.50,000/-
5.	Conveyance charges	Rs.10,000/-
6.	Loss of amenities	Rs.10,000/-
7.	Loss of income	Rs.6,48,000/-
	Total	Rs.7,76,400/-

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Further considering the nature of the injury sustained by the claimant a compensation of Rs.50,000/ is awarded for pain and suffering and compensation of Rs.50,000/- is granted towards medical expenses granted by the Tribunal as per actual bills and receipts. Hence, the same are kept intact.

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Further compensation awarded by the Tribunal

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under the head of amenities at Rs.10,000/- is found on the lesser side. Therefore, a sum of Rs.75,000/- is awarded under said head.

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The compensation awarded under the head of

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conveyance expenses like food, nourishment, attendant

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charges etc., at Rs.10,000/- is found on the lesser side. Therefore, a sum of Rs.30,000/- is awarded under the said head.

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The doctor even though has not treated the claimant and has stated that the claimant had suffered 60% of physical disability due to fracture of lower 1/3^rd of right tibia, fracture of right fibula, fracture of left tibia and other injuries all over the body. The Tribunal has considered at 20% as functional disability. The claimant is a Civil Engineer and the nature of work requires roaming in the field and inspecting the earth and civil engineering works. Therefore, the fracture lower 1/3^rd of right tibia, fracture of right fibula, fracture of left tibia and other injuries all over the body certainly causes effect to the future loss of income and also effects future prospects in life. Assessment of functional disability and physical disability are not based on mathematical formula. The functional disability is to be assessed considering the age, nature of injury and disability occurred, the nature of work of the claimant and then how much the said disability is

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affecting the nature of work of the claimant is to be assessed. Therefore, it is always not mathematical formula to be considered. Hence, considering the fact that the claimant had suffered fracture of lower 1/3^rd of right tibia, fracture of right fibula, fracture of left tibia and other injuries all over the body and he is a Civil Engineer by profession, it is just and proper to consider the functional disability at 25% towards the whole body The accident was caused on 17.12.2007. The Tribunal has committed error in holding income of the claimant at Rs.3,000/- per month as the claimant is Diploma in Civil Engineer holder. Ex.P.8 is an appointment letter issued by the company, which shows total salary of the claimant is at Rs.22,000/-. The claimant is a graduate in engineering. Hence, as per Ex.P.8 the income of the claimant is taken at Rs.22,000/-

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per month. The claimant is aged 25 years old. The claimant had sustained significant injuries and disability as above discussed. Therefore, certain income is to be added according to the age of the claimant. According to the age of the claimant, 50% of the income is to be added towards

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‘loss of future prospects in life ' as per the judgment of the division bench of this Court in the case of N ew India

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Assurance Company vs. Abdul S/o Mehaboob

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Tahasildar¹ and the judgment of Hon’ble Supreme Court in the case of Sidram vs. Divisional Manager, United India Insurance Company Limited and anothe r² . The appropriate multiplier applicable as per the judgment of the Hon'ble Supreme Court, in the case of Smt.Sarla Verma & Others –V- Delhi Transport Corpn and Another³ is 18. Therefore, loss of future income due to disability is reassessed and quantified as follows:

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Rs.22,000/- + Rs.11,000/- (50% of Rs.22,000) x 25% x 18 x 12 = Rs.17,82,000/-.

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Further a compensation of Rs.7,000/is

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awarded by the Tribunal towards loss of income during medical treatment and laid up period is found on lesser

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1 MFA.No.103807/2016 C/w MFA Nos.103835/2016 & 103807/2018 dated 27.05.2022

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2 2022 ACJ 2611

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3 AIR 2009 SCC 3104

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NC: 2023:KHC-D:8375 MFA No. 20646 of 2012 C/W MFA No. 22306 of 2012

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side. Therefore, a sum of Rs.66,000/- is awarded under

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the said head.

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Hence, the claimant is entitled for a total

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enhanced compensation, under various heads as follows:

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1.	Towards pain and suffering	Rs.50,000/-
2.	Medical expenses	Rs.50,000/-
3.	Loss of amenities	Rs.75,000/-
4.	Conveyance charges	Rs.30,000/-
5.	Loss of future income due to disability	Rs.17,82,000/-
6.	Loss of income during laid up period	Rs.66,000/-
	Total	Rs.20,53,000/-

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Therefore, the claimant is awarded total

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compensation of Rs.20,53,000/- as against what has been awarded by the tribunal along with interest at the rate of 6% per annum from the date of filing of the petition till deposit.

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NC: 2023:KHC-D:8375 MFA No. 20646 of 2012 C/W MFA No. 22306 of 2012

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ORDER

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i) MFA No.20646/2012 filed by the claimant is allowed in part.

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ii) MFA No.22306/2012 filed by the NWKRTC is dismissed.

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iii) The impugned judgment and award dated 15.10.2011, on the file of the leaned Fast Track Judge & Motor Accident Claims Tribunal, Ranebennur, in MVC No.143/2008 is modified.

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iv) The claimant is entitled total compensation of Rs.20,53,000/- as against what has been awarded by the tribunal along with interest at the rate of 6% per annum from the date of filing of the petition till deposit.

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