In this motor accident appeal, the High Court of Karnataka enhanced the compensation awarded to an injured claimant against KSRTC. The court adjusted notional income and increased awards for loss of amenities and loss of income during the laid-up period.
Total compensation enhanced to Rs. 3,60,080. Interest on enhanced amount at 6% p.a.
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 16TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 5143 OF 2020 (MV)
BETWEEN:
RAJANNA C S/O CHIKKABASAVAIAH AGED ABOUT 50 YEARS R/AT AMBEDKAR STREET YARIYUR VILLAGE, YALANDUR TALUK CHMARAJANAGARA DISTRICT NOW R/AT C/O RAMAIAH ARAKERE VILLAGE SRIRANGAPATNA TALUK MANDYA DISTRICT - 571 438 …APPELLANT
(BY SRI. SREENIVASAN M Y.,ADVOCATE)
AND:
Digitally signed DIVISIONAL CONTROLLER by OWNER CUM CUSTODIAN OF DHANALAKSHMI MURTHY INTERNAL INSURANCE OF KSRTC Location: High K H DOUBLE ROAD, SHANTHINAGAR Court of BANGALORE - 560 027. …RESPONDENT Karnataka
(BY SRI.F.S. DABALI., ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 14.07.2020, PASSED IN MVC NO.202/2018, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, MACT, SRIRANGAPATANA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
NC: 2023:KHC:40908 MFA No. 5143 of 2020
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Section 173(1) of the Motor
Vehicles Act, 1988 (hereinafter referred to as ‘the Act’, for short) has been filed by the claimant being aggrieved by the judgment dated 14.07.2020 passed by the Prl. Senior Civil Judge and Motor Accident Claims Tribunal, Srirangapatana (for short, ‘the Tribunal’) in MVC No.202/2018.
aforesaid accident, the claimant fell down, sustained grievous injuries and was hospitalized.
and Dr.Srinivas as CW1 and got exhibited documents namely Ex.P1 to Ex.P9 and C1 to C4. On behalf of the respondents, one witness was examined as RW1 and no documents were got exhibited. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent 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.2,78,000/along with interest at the rate of 9% p.a. and directed the Corporation to deposit the compensation amount along with interest. Being aggrieved, this appeal has been filed.
(i) Firstly, even though the claimant claims that he was earning Rs.15,000/- per month, but the Tribunal has taken the notional income as only Rs.8,000/- per month.
(ii) Secondly, due to the accident, the claimant has sustained grievous injuries. He suffered lot of pain during treatment and he has to suffer the disability and
unhappiness throughout his life. Considering the same, the compensation granted by the Tribunal under the heads of 'loss of amenities', 'pain and sufferings' and other incidental expenses are on the lower side. Hence, he sought for allowing the appeal.
Corporation has raised the following contentions:
(i) Firstly, even though the claimant claims that he was earning Rs.15,000/- per month, he has not produced any documents to establish his income. Therefore, the Tribunal has rightly assessed the income of the claimant notionally.
(ii) Secondly, the injuries suffered by the claimant are minor in nature. He has taken treatment as only outpatient. Considering the evidence of the doctor and the injuries suffered by the claimant, the overall compensation awarded by the Tribunal is just and reasonable.
(iii) Thirdly, in view of the Division Bench decision of this Court in the case of MS.JOYEETA BOSE AND
OTHERS vs. VENKATESHAN.V AND OTHERS (MFA
5896/2018 and connected matters disposed of on
24.8.2020), the interest granted by the Tribunal at the rate of 9% p.a. is on the higher side and the same has to be reduced to 6% p.a. Hence, he sought for dismissal of the appeal.
Perused the judgment and award.
the injuries suffered by the claimant, the Tribunal has rightly assessed the whole body disability at 13%. The claimant was aged about 48 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.2,23,080/- (Rs.11,000121313%) on account of 'loss of future income'. Due to the accident, the claimant has suffered grievous injuries, he has suffered lot of pain during treatment and he has to suffer with the disability and unhappiness throughout his life. Considering the same, I am inclined to enhance the compensation awarded by the Tribunal under the head of 'loss of amenities' from Rs.25,000/- to Rs.40,000/-. In view of rise in the monthly income from Rs.8,000/- to Rs.11,000/-, the claimant is entitled to compensation of Rs.22,000/(Rs.11,0002) under the head 'loss of income during laid-up period'. The compensation awarded by the Tribunal under other heads is just and reasonable.
| Compensation under different Heads |
As awarded by the Tribunal (Rs.) |
As awarded by this Court (Rs.) |
|---|---|---|
| Pain and sufferings | 65,000 | 65,000 |
| Medical expenses | 10,000 | 10,000 |
| Loss of income during laid up period |
16,000 | 22,000 |
| Loss of amenities | 25,000 | 40,000 |
| Loss of future income | 1,62,000 | 2,23,080 |
| Total | 2,78,000 | 3,60,080 |
(i) The appeal is allowed in part.
(ii) The judgment of the claims Tribunal is modified.
The claimant is entitled to a total compensation of Rs.3,60,080/- in place of Rs.2,78,000/- awarded by the Tribunal.
(iii) The Corporation is directed to deposit the compensation amount along with interest from the date of filing of the claim petition till the date of realization, within
NC: 2023:KHC:40908 MFA No. 5143 of 2020
a period of six weeks from the date of receipt of copy of
this judgment.
(iv) The enhanced compensation carries interest @
6% p.a.
Sd/JUDGE
CM
List No.: 3 Sl No.: 56
Colour shows how this judgement treated each authority
MS.Joeyeta Bose and Others vs. Venkateshan.V and OthersReferred¶36
MS.JOYEETA BOSE AND OTHERS vs. VENKATESHAN.V AND OTHERS (MFA 5896/2018 and connected matters disposed of on 24.8.2020)
2 provisions across 1 enactments
Rajanna C S/o Chikkabasavaiah
Digitally signed DIVISIONAL CONTROLLER by OWNER CUM CUSTODIAN OF DHANALAKSHMI MURTHY INTERNAL INSURANCE OF KSRTC
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
