Partly allowed

Devaraju v. Girish N T

Karnataka HC12 Sept 2023MFA/4400/2020

Case brief

AI extract

What is this about?

In a first appeal under Section 173(1) of the Motor Vehicles Act, 1988, the High Court enhanced the compensation awarded by the Motor Accident Claims Tribunal. Assessing the victim's injuries and applying specific legal precedents, the court increased the claim amount and awarded additional interest.

What did the court decide?

The appeal is allowed in part; enhanced compensation of Rs. 5,04,700 awarded along with 6% p.a. interest from the date of petition till realization.

Devaraju Vs Girish N T — Motor Accident Claims | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:32967 MFA No. 4400 of 2020

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 12^TH DAY OF SEPTEMBER, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE M.I.ARUN MISCELLANEOUS FIRST APPEAL NO.4400 OF 2020 (MV-I)

¶6

BETWEEN:

¶7

DEVARAJU S/O. BALAGURUYAYAIH AGED ABOUT 43 YEARS NEAR RAILWAY STATIONS RAJAGATTA, HASSAN HASSAN DISTRICT-573 201.

¶8

…APPELLANT

¶9

(BY SRI GIRISH B. BALADARE, ADVOCATE)

¶10

AND:

¶11

Digitally signed by H K HEMA Location: High Court of Karnataka

¶12

GIRISH N.T. LATE THIMMEGOWDA AGED ABOUT 43 YEARS NARAGANAHALLI EREKERURU MAIN ROAD CHIKKAMAGALURU-577 101.

¶13

THE MANAGER UNIVARSEAL SOMPO GENERAL INSURANCE CO. LTD. RIJAD AND CORPORATE OFFICE UNIT 401, 4TH FLOOR SANGAM COMPLEX, 127 ANDHERI, KURLA ROAD ANDHERI, MUMBAI-571 252.

¶14

…RESPONDENTS

¶15

(NOTICE TO R.1 IS DISPENSED WITH VIDE COURT ORDER DATED 17.02.2022;

¶16

¶17

NC: 2023:KHC:32967 MFA No. 4400 of 2020

¶18

BY SRI B. PRADEEP & SRI MALLIKARJUN REDDY N.A., ADVOCATES FOR R.2)

¶19

THIS APPEAL IS FILED UNDER SECTION 173(1) OF M.V.ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 24.10.2019 IN MVC NO.898/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT AT HASSAN AND ENHANCED THE COMPENSATION AS PRAYED WITH 18% INTEREST PER ANNUM IN THE INTEREST OF JUSTICE AND EQUITY.

¶20

THIS APPEAL COMING ON FOR ADMISSION, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT DELIVERED THE FOLLOWING:

¶21

JUDGMENT

¶22

Aggrieved by the judgment and award dated 24.10.2019 passed in MVC No.898/2017 by the Court of

¶23

the II Additional Senior Civil Judge and MACT, Hassan (for short ‘the Tribunal’), the petitioner therein has preferred this appeal.

¶24

For the sake of convenience, the parties are referred

¶25

to herein as per their status before the Tribunal.

¶26

Brief facts of the case are as follows:

¶27

On 01.03.2018 at about 4.30 p.m. the petitioner

¶28

while crossing the road near Gurumaranahalli Tea Stall, Chanarayapatna Taluk, met with an accident with a Maruthi Car bearing registration No.KA-04-MK-6119, being

¶29

3 - NC: 2023:KHC:32967 MFA No. 4400 of 2020

¶30

driven in a rash and negligent manner and duly insured with respondent No.2 - Insurance Company. Because of the said accident, the petitioner suffered head injuries and as a total body disability of 40% with permanent psychological disabilities. The said facts are not in dispute.

¶31

The Tribunal has awarded a compensation of Rs.8,25,100/- along with interest at the rate of 8% p.a. from the date of petition till realization. Not satisfied by the same, the petitioner has preferred this appeal.

¶32

The accident occurred in the year 2018. The petitioner was aged 41 years and he has not established his income before the Tribunal. Hence, it is deemed appropriate to fix his income notionally as per the chart prepared by the Karnataka State Legal Services Authority in consultation with Insurance Companies which will be

¶33

Rs.12,500/- per month. Given his age, a multiplier of '14' is adopted as per the law laid down by the Apex Court in

¶34

¶35

NC: 2023:KHC:32967 MFA No. 4400 of 2020

¶36

SARLA VERMA & ORS V. DELHI TRANSPORT CORP.&

¶37

ANR reported in 2009(6) SCC 121.

¶38

Towards loss of future earnings the Tribunal has awarded a sum of Rs.6,04,800/-. Given the fact that the petitioner has suffered permanent total body disability of 40% and will have permanent psychological disabilities through out his life, it is deemed appropriate to grant loss of future prospects, as determined by the Hon’ble Supreme Court in NATIONAL INSURANCE CO. LTD. V. PRANAY SETHI reported in (2017) 16 SCC 680. Taking the notional income at Rs.12,500/-, multiplier of 14 and whole body disability at 40% and loss towards future prospects at 25%, the petitioner would be entitled to a sum of Rs.10,50,000/- (12,500x12x14+25%x40%) under this head.

¶39

Towards 'medical expenses' based on bills, a sum of Rs.47,300/- is awarded. Towards 'food, conveyance and attendant charges' a sum of Rs.25,000/- is awarded. Towards 'future medical expenses', a sum of Rs.50,000/-

¶40

5 - NC: 2023:KHC:32967 MFA No. 4400 of 2020

¶41

is awarded. Given the nature of injuries, I deem the same to be appropriate.

¶42

Towards pain and suffering a sum of Rs.40,000/- is awarded. Given the nature of injuries, I deem it appropriate to enhance it to Rs.60,000/-.

¶43

Towards loss of amenities, a sum of Rs.40,000/- is awarded. Given the nature of injuries, I deem it appropriate to enhance it to Rs.60,000/-.

¶44

Towards loss of income during laid up period, a sum

¶45

of Rs.18,000/- is awarded. Given the nature of injuries, three months is considered as the laid up period and a sum of Rs.37,500/- (12,500x3) is hereby awarded.

¶46

Thus, the petitioner is entitled to a total

¶47

compensation of Rs.13,29,800/- as against Rs.8,25,100/awarded by the Tribunal. Accordingly, the petitioner is

¶48

entitled to an enhanced compensation of Rs.5,04,700/- (Rs.13,29,800/- minus Rs.8,25,100/-).

¶49

6 - NC: 2023:KHC:32967 MFA No. 4400 of 2020

¶50

Given the bank rate of interest, I deem it appropriate to award interest at the rate of 6% p.a. on the enhanced compensation from the date of petition till realization. Hence, the following:

¶51

ORDER

¶52

(i) The appeal is allowed in part ;

¶53

(ii) The petitioner is entitled to an enhanced compensation of Rs.5,04,700/- along with interest at the rate of 6% p.a. from the date of petition before the Tribunal till realization which shall be over and above what has been awarded by the Tribunal. However, the petitioner is not entitled to interest for a period of 19 days on the enhanced compensation, as there is a delay of 19 days in filing the appeal;

¶54

(iii) Respondent No.2-Insurance company shall

¶55

pay the enhanced compensation within a period of six weeks from the date of

¶56

¶57

NC: 2023:KHC:32967 MFA No. 4400 of 2020

¶58

receipt of the certified copy of the

¶59

judgment and order;

¶60

(iv) Office to draw modified award accordingly.

¶61

SD/JUDGE

¶62

VMB

Devaraju v. Girish N T

Case brief

What is this about?

What did the court decide?

Devaraju v. Girish N T

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

Sri G Vinodkumar Vs the Director

Sri Shivaprasad R Vs Sri H P Devakumar

Smt. Sameema Vs Gurupura Agricultural Co. Operative Society Ltd.

Smt.Hemavathi Vs Mr.Azam

Rajegowda Vs Rangegowda

Amzad Pasha Vs the Manager