Partly allowed

Somegowda v. M.R. Lokeshaiah

Karnataka HC8 Nov 2023MFA/3798/2020

Case brief

AI extract

What is this about?

In an appeal against the Claims Tribunal judgment on a motor accident claim, the High Court enhanced the awarded compensation by adding compensation for loss of amenities and revising certain heads due to 32% disability sustained by the claimant.

What did the court decide?

Total compensation enhanced to Rs. 3,14,800 by adding Rs. 40,000 for loss of amenities and increasing specific heads; interest at 6% p.a. directed.

Somegowda Vs M.R. Lokeshaiah — Motor Accident Claims | Karnataka HC (2023)

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1 - NC: 2023:KHC:39836 MFA No. 3798 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 3798 OF 2020 (MV)

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BETWEEN:

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SOMEGOWDA S/O LATE NANJEGOWDA AGED ABOUT 44 YEARS MANDIGANAHALLI VILLAGE SALAGAME HOBLI HASSAN TALUK & DISTRICT-573201

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…APPELLANT

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(BY SMT. SHARADAMBA A R., ADVOCATE)

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AND:

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Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka

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M.R. LOKESHAIAH S/O LATE RAMAIAH MAJOR NITTURU VILLAGE AND POST SALAGAME HOBLI HASSAN TALUK-573201.

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THE MANAGER

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RELIANCE GENERAL INSURANCE COMPANY LIMITED BRANCH OFFICE KRUTHIKA ARCADE IST FLOOR, N R CIRCLE HASSAN-573201.

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…RESPONDENTS

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(BY SRI.D.VIJAYAKUMAR., ADVOCATE FOR R2: NOTICE TO R1 IS DISPENSED WITH V/O DATED: 02.03.2013)

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2 - NC: 2023:KHC:39836 MFA No. 3798 of 2020

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.10.2019 PASSED IN MVC NO.1068/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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JUDGMENT

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This appeal under Section 173(1) of Motor Vehicles

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Act, 1988 (hereinafter referred to as ‘the Act’) has been filed by the claimant being aggrieved by the judgment dated 22.10.2019 passed by MACT, Hassan in MVC No.1068/2018.

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Facts giving rise to the filing of the appeal briefly stated are that on 05.03.2018 at about 10.30 a.m., when the claimant was proceeding on his Honda Shine Motorcycle bearing Registration No.KA.13.EH.3111, on the left side of Kelavathi-Nitturu Road, the driver of the Tempo bearing Registraiotn No.KA.46.1463, came from Kelavathi

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3 - NC: 2023:KHC:39836 MFA No. 3798 of 2020

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side, drove the same in a rash and negligent manner, dashed against the claimant’s Bike. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.

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The claimant filed a petition under Section 166 of the Act seeking compensation. It was pleaded that he spent huge amount towards medical expenses, conveyance charges, etc. It was further pleaded that the accident occurred purely on account of the rash and negligent driving of the offending vehicle by its driver.

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On service of notice, the respondent No.2 appeared through counsel and filed written statement in which the averments made in the petition were denied. It was pleaded that the petition itself is false and frivolous in the eye of law. It was further pleaded that the accident was due to the rash and negligent driving of the vehicle by the claimant himself. The driver of the offending vehicle did not have valid driving licence as on the date of the

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4 - NC: 2023:KHC:39836 MFA No. 3798 of 2020

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accident. The liability is subject to terms and conditions of the policy. The age, avocation and income of the claimant 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.

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The respondent No.1 did not appear before the Tribunal inspite of service of notice and was placed exparte.

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On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter recorded the evidence. The claimant himself was examined as PW-1 and Dr.Lakshmish was examined as PW-2 and got exhibited documents namely Ex.P1 to Ex.P16. On behalf of the respondents, one witness was examined as RW-1 and got exhibited a document namely Ex.R1. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent

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5 - NC: 2023:KHC:39836 MFA No. 3798 of 2020

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driving of the offending vehicle by its driver, as a result of which, the claimant sustained injuries. The Tribunal further held that the claimant is entitled to a compensation of Rs.2,67,000/- along with interest at the rate of ….…% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. Being aggrieved, the present appeal has been filed.

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The learned counsel for the claimant has contended that due to the accident, the claimant has sustained grievous injuries. He was treated as inpatient for a period of 18 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 'pain and sufferings' and other incidental expenses are on the lower side. The Tribunal has failed to grant any compensation under the head of 'loss of amenities'. Hence, he sought for allowing the appeal.

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6 - NC: 2023:KHC:39836 MFA No. 3798 of 2020

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On the other hand, the learned counsel for the Insurance Company has contended that the injuries suffered by the claimant is minor in nature. He was inpatient in the hospital only for a period of 18 days. Considering the injuries sustained by the claimant and considering the age and avocation of the claimant, the overall compensation awarded by the Tribunal is on higher side. Therefore, the claimant is not entitled for any enhancement of compensation. Hence, he sought for dismissal of the appeal.

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Heard the learned counsel for the parties and perused the judgment and award of the Tribunal.

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It is not in dispute that the claimant has sustained

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injuries in the road traffic accident occurred on 05.03.2018 due to rash and negligent driving of the offending vehicle by its driver.

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7 - NC: 2023:KHC:39836 MFA No. 3798 of 2020

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As per wound certificate, the claimant has sustained laceration 10X5X4 cm over lower 1/3^rd of right leg, distal left frontal region, tenderness and deformity and fracture of right tibia and right fibula. The claimant has examined the doctor as PW-2. The doctor in his evidence has stated that the claimant has suffered disability of 32% in respect of right lower limb. 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 ‘food, nourishment, conveyance and attendant charges’ from Rs.16,200/- to Rs.20,000/- and under the head of ‘loss of earning during the treatment and attendant charges’ from Rs.16,000/- to Rs.20,000/-. The claimant is entitled for compensation of Rs.40,000/- under the head of 'loss of amenities'.

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Considering the nature of injuries, the compensation awarded by the Tribunal under other heads is just and reasonable.

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8 - NC: 2023:KHC:39836 MFA No. 3798 of 2020

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12. Thus, the claimant is entitled to the following compensation:

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Compensation under different Heads	As awarded by the Tribunal (Rs.)	As awarded by this Court (Rs.)
Pain and sufferings	40,000	40,000
Medical expenses	10,000	10,000
Food, nourishment, conveyance and attendant charges	16,200	20,000
Loss of income during laid up period	16,000	20,000
Loss of amenities	0	40,000
Loss of future income	1,84,800	1,84,800
Total	2,67,000	3,14,800

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In the result, the following order is passed:

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ORDER

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a) The appeal is allowed in part .

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b) The judgment of the Claims Tribunal is modified.

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9 - NC: 2023:KHC:39836 MFA No. 3798 of 2020

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c) The claimant is entitled to a total compensation of Rs.3,14,800/-.

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d) The Insurance Company is directed to deposit the compensation amount along with interest @ 6% p.a. from the date of filing of the claim petition till the date of realization, within a period of six weeks from the date of receipt of copy of this

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judgment.

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Sd/JUDGE

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List No.: 2 Sl No.: 3

Somegowda v. M.R. Lokeshaiah

Case brief

What is this about?

What did the court decide?

Somegowda v. M.R. Lokeshaiah

Case brief

What is this about?

What did the court decide?

What the court decided

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