Partly allowed

Kiran Kumar N v. M/S Cipl Easy Transport Solution Pvt. Ltd.

Karnataka HC16 Jan 2023MFA/5331/2016

Case brief

AI extract

What is this about?

This judgment enhances the compensation awarded to two motor accident claimants. The High Court modified the Tribunal's awards by increasing amounts for pain, agony, loss of amenities, and future medical expenses, while partially allowing claims for loss of income. Interest for the appeal delay was denied.

What did the court decide?

Enhanced compensation awarded: Rs. 1,68,880/- for the first appellant and Rs. 1,24,580/- for the second appellant, with interest at 6% p.a.

Kiran Kumar N Vs M/S Cipl Easy Transport Solution… — Motor Accident Claims | Karnataka HC (2023)

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MFA No. 5331 of 2016 C/W. MFA No.5330/2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF JANUARY, 2023 BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO.5331/2016 (MV-I)

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C/W

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MISCELLANEOUS FIRST APPEAL NO.5330/2016 (MV-I)

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IN MFA NO.5331/2016:

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BETWEEN:

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KIRAN KUMAR N S/O NARASIMAIAH N AGED 24 YEARS, R/AT VIJAYALAKSHMI LAYOUT, ABBIGERE MAIN ROAD, CHIKKABANAVARA POST, BANGALORE-90

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…APPELLANT

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(BY SRI. KALPANA P V, ADVOCATE)

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AND:

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Digitally signed by JAI JYOTHI J Location: High Court of Karnataka

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M/S CIPL EASY TRANSPORT SOLUTION PVT LTD NO.12/10, 1ST FLOOR, ABOVE VIJAYA BANK, MSR MAIN ROAD, GOKULA, BANGALORE-560054.

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THE MANAGER RELIANCE GENERAL INSURANCE CO.LTD., REGIONAL OFFICE, EUDIRAN TOWERS,

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MFA No. 5331 of 2016 C/W. MFA No.5330/2016

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NO.60/4, HOSUR MAIN ROAD, ELECTRONIC CITY, BANGALORE, NOW SHIFTED TO THE MANAGER RELIANCE GENERAL INSURANCE CO.LTD., CENTENARY BUILDING, 5TH FLOOR, M.G.ROAD, BANGALORE-560001.

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…RESPONDENTS

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(BY SRI. H.C. BETSUR, ADVOCATE FOR R2, NOTICE TO R1 D/W V/C/O. DATED 25.02.2022)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.10.2013 PASSED IN MVC NO.7773/2011 ON THE FILE OF THE VI ADDITIONAL SMALL CAUSES JUDGE AND XXXI ACMM, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO.5330/2016:

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MR NAGABHUSHAN S S/O SRINIVASA N AGED ABOUT 24 YEARS, R/AT NO.131, ABBIGERE BEHIND GANESH TEMPLE CHIKKABANAVARA POST, BANGALORE-90

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…APPELLANT

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(BY SRI. KALPANA P V., ADVOCATE)

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AND:

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M/S CIPL EASY TRANSPORT SOLUTION PVT LTD

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3 - MFA No. 5331 of 2016 C/W. MFA No.5330/2016

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NO.12/10, 1ST FLOOR, ABOVE VIJAYA BANK, MSR MAIN ROAD, GOKULA BANGALORE-560054.

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THE MANAGER RELIANCE GENERAL INSURANCE CO LTD REGIONAL OFFICE, EUDIRA TOWERS NO.60/4, HOSUR MAIN ROAD, ELECTRONIC CITY, BANGALORE NOW SHIFTED TO CENTENARY BUILDING 5TH FLOOR, MG ROAD, BANGALORE-560001.

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…RESPONDENTS

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(BY SRI. H.C. BETSUR, ADVOCATE FOR R2, NOTICE TO R1 D/W V/C/O. DATED 25.02.2022)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.10.2013 PASSED IN MVC NO.7772/2011 ON THE FILE OF THE VI ADDITIONAL SMALL CAUSES JUDGE AND XXXI ACMM, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THESE APPEALS, COMING ON FOR HEARING ON I.A., THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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These appeals are arising out of the same accident,

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which occurred on 05.10.2011. The appellants/claimants

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MFA No. 5331 of 2016 C/W. MFA No.5330/2016

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have filed these appeals, seeking enhancement of the

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compensation.

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The brief facts of the case are that on

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05.10.2011 at about 8.15 p.m., the claimants Nagabhushan S. and Kiran Kumar N. were proceeding in a motor cycle bearing registration No.KA-04-EP-8479, on the left side of Kammagondanahalli Cross, Jalahalli West, K.G. Halli Main Road, from South to North direction, at that time, the driver of a car bearing registration No.KA04-C-2840 came at high speed in a rash and negligent manner, dashed against the motor cycle of the claimants. As a result, both the claimants/rider and pillion rider fell down and sustained grievous injuries. Therefore, the claimants have filed claim petitions, seeking compensation.

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Heard the arguments of learned counsel for the appellants and the learned counsel for the respondentInsurance Company and perused the records.

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MFA No. 5331 of 2016 C/W. MFA No.5330/2016

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IN MFA NO.5331/2016

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The Tribunal after considering the facts and circumstances and evidence on record, has awarded compensation of Rs.3,22,100/- with interest at the rate of 8% per annum from the date of petition till the date of realization, under the following heads:

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SL.NO.	PARTICULARS	AMOUNT (IN.RS.)
1.	Pain and agony	Rs.30,000-00
2.	Medical expenses, attendant, food, diet, nourishment, conveyance, etc.,	1,96,500-00
3.	Loss of income during treatment period	14,000-000
4.	Loss of future income on account of disability	76,600-00
5.	Discomfort, disappointment, fun and loss of amenities	5,000-00
	Total	3,22,100-00

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Being aggrieved by the lesser quantum of

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compensation, the present appeal is filed.

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In the present case, the claimant was aged about 18 years at the time of accident, working as a

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MFA No. 5331 of 2016 C/W. MFA No.5330/2016

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Computer Instructor at Gnana Vahini Institute and earning a sum of Rs.8,000/- per month. The medical records reveals that the appellant/claimant has sustained head injury, diffused axonal injury, posterior, dislocation of right hip, undisplaced fracture medical malleolus right ankle, compound dislocation first torso meta joint right foot, which are grievous in nature, he has taken treatment in ICU for 8 days. PW4-doctor has stated the claimant is slow to react and stammering while talking. ON examination, the claimant found to have diffused tenderness over foot and ankle movement of right hip restricted by 30% and right ankle by 39%. X-ray showed united fractured foot with secondary charges at 1st tarso metatarsal joint, united fracture medial mallole and normal appearance of right hip. PW4 advised to take neurologist opinion. He has assessed disability of 34% to the limb and 12% disability to the whole body. The Tribunal has taken disability at 10% to the whole body. Looking to the injuries sustained and disabilities suffered

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MFA No. 5331 of 2016 C/W. MFA No.5330/2016

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by the claimant. It is appropriate to consider the percentage of disability to the whole body at 12% as opined by the doctor-PW4. The accident is of the year 2011. The Tribunal has taken the notional income of the claimant as Rs.3,500/- per month, which is on the lower side. The notional income of the claimant is to be taken at Rs.6,500/- per month, as recognized by the Karnataka State Legal Services Authorities. The appropriate multiplier applicable is '18'. Therefore, 'loss of earning capacity on account of disability' is re-assessed and quantified as Rs.1,68,480/- (Rs.6,500x12%x18x12).

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The compensation of Rs.30,000/- awarded by the Tribunal under the head 'Pain and Agony' is on the lesser side. The same is enhanced to Rs.50,000/-.

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The Tribunal has awarded a compensation of Rs.1,96,500/- under the head 'Medical Expenses, attendant charges, food, diet, nourishment,

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MFA No. 5331 of 2016 C/W. MFA No.5330/2016

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conveyance etc.,' which is just and proper and the same

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is kept intact.

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The Tribunal has awarded a sum of Rs.14,000/-

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under the head 'Loss of income during treatment period', which is meager one. The appellant/claimant must not have attended the work at least for a period of four months. Therefore, it is just and proper to award a sum of Rs.26,000/- (Rs.6,500x4 months) under the head 'Loss

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of income during treatment period' .

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The compensation of Rs.5,000/- awarded under

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the head 'Loss of amenities' is on the lesser side and the same is enhanced to Rs.30,000/-.

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The Tribunal has not awarded any compensation under the head 'Future Medical Expenses' . Hence, a sum of Rs.20,000/- is awarded under the said head.

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MFA No. 5331 of 2016 C/W. MFA No.5330/2016

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Thus, in all, the claimant is entitled for the

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following compensation :

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SL.NO.	PARTICULARS	AMOUNT (IN.RS.)
1.	Pain and agony	Rs.50,000-00
2.	Medical expenses, attendant, food, diet, nourishment, conveyance, etc.,	1,96,500-00
3.	Loss of income during treatment period	26,000-000
4.	Loss of future income on account of disability	1,68,480-00
5.	Discomfort, disappointment, fun and loss of amenities	30,000-00
6.	Future Medical Expenses	20,000-00
	Total	4,90,980-00

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The Tribunal has awarded the compensation of Rs.3,22,100/-, but the appellant/claimant is entitled to total compensation of Rs.4,90,980/- . Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.1,68,880/- (Rs.4,90,980 - Rs.3,22,100) with interest at the rate of 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by the Tribunal.

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MFA No. 5331 of 2016 C/W. MFA No.5330/2016

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However, the appellant/claimant is not entitled for interest for the delayed period of 923 days in filing the appeal. Even though, the sufficient reasons are found for condonation of delay, but not for grant of interest for the delayed period. Hence, the appellant/claimant is not entitled for interest for the delayed period of 923 days in filing the appeal.

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IN MFA NO.5330/2016

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The Tribunal after considering the facts and circumstances and evidence on record, has awarded compensation of Rs.2,14,400/- with interest at the rate of 8% per annum from the date of petition till the date of

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realization, under the following heads:

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SL.NO.	PARTICULARS	AMOUNT (IN.RS.)
1.	Pain and agony	Rs.30,000-00
2.	Medical expenses, attendant, food, diet, nourishment, conveyance, etc.,	61,000-00
3.	Future medical expenses	20,000-00
4.	Loss of income during treatment period	12,000-000

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MFA No. 5331 of 2016 C/W. MFA No.5330/2016

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4.	Loss of future income on account of disability	86,400-00
5.	Discomfort, disappointment, fun and loss of amenities	5,000-00
	Total	2,14,400-00

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Being aggrieved by the lesser quantum of

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compensation, the present appeal is filed.

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In the present case, the claimant was aged

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about 20 years at the time of accident, working as an Electrician at Sri Vinayaka Electricals and earning a sum of Rs.9,500/- per month. The wound certificate-Ex.P6 reveals that the appellant/claimant has sustained small abrasion over the right leg, over tibial shin from ankle joint, lacerated wound over the dorsum of right foot, small abrasion over the occipital region of scalp, right foot and right leg lower end deformity present, swelling present, tenderness present. X-ray reveals fracture of both bones distal end. The doctor has opined that injury numbers 1 to

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3 are simple in nature and injury No.4 is grievous in

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MFA No. 5331 of 2016 C/W. MFA No.5330/2016

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nature. PW3-doctor has stated that the appellant/claimant

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has suffered fracture of both bones of right leg distal third shaft, he underwent operation with closed reduction internal fixation with interlocking nailing. On clinical examination, the doctor has stated that the appellant/claimant was having tenderness over the old fractured area, limb was shortened by 1 cm., knee flexion terminal restricted by 20 degrees, ankle Dorsiflexion and Plantar flexion terminal restricted by 10 degree, inversion and eversion movements are restricted by 30% and are painful, there is wasting of muscle. He further stated that

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the appellant/claimant need one more surgery to remove the implants, he has assessed the disability to the right lower limb at 45% and disability to the whole body at 12%. The Tribunal has taken disability at 10% to the whole body. Looking to the injuries sustained and disabilities suffered by the claimant, it is appropriate to consider the percentage of disability to the whole body at 12% as opined by the doctor-PW4. The accident is of the

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MFA No. 5331 of 2016 C/W. MFA No.5330/2016

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year 2011. The Tribunal has taken the notional income of

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the claimant as Rs.4,000/- per month, which is on the lower side. The notional income of the claimant is to be taken at Rs.6,500/- per month as recognized by the Karnataka State Legal Services Authorities. The appropriate multiplier applicable is '18'. Therefore, 'loss of earning capacity on account of disability' is reassessed and quantified as Rs.1,68,480/- (Rs.6,500x12%x18x12).

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The compensation of Rs.30,000/- awarded by the Tribunal under the head 'Pain and Agony' is on the lesser side. The same is enhanced to Rs.40,000/-.

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The Tribunal has awarded a compensation of Rs.61,000/- under the head 'Medical Expenses, attendant charges, food, diet, nourishment, conveyance etc.,' which is just and proper and the same is kept intact.

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MFA No. 5331 of 2016 C/W. MFA No.5330/2016

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The Tribunal has awarded a sum of Rs.12,000/-

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under the head 'Loss of income during treatment period'. The appellant/claimant must not have attended the work at least for a period of three months. Therefore, it is just and proper to award a sum of Rs.19,500/- (Rs.6,500x3 months) under the head 'Loss of income during treatment period' .

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The compensation of Rs.5,000/- awarded under the head 'Loss of amenities' is on the lesser side and the same is enhanced to Rs.30,000/-.

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The Tribunal has awarded a sum of Rs.20,000/-

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under the head 'Future Medical Expenses' . The same is undisturbed.

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Thus, in all, the claimant is entitled for the following compensation :

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15 - MFA No. 5331 of 2016 C/W. MFA No.5330/2016

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SL.NO.	PARTICULARS	AMOUNT (IN.RS.)
1.	Pain and agony	Rs.40,000-00
2.	Medical expenses, attendant, food, diet, nourishment, conveyance, etc.,	61,000-00
3.	Loss of income during treatment period	19,500-000
4.	Loss of future income on account of disability	1,68,480-00
5.	Discomfort, disappointment, fun and loss of amenities	30,000-00
6.	Future Medical Expenses	20,000-00
	Total	3,38,980-00

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The Tribunal has awarded the compensation of

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Rs.2,14,400/-, but the appellant/claimant is entitled to total compensation of Rs.3,38,980/- . Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.1,24,580/- (Rs.3,38,980 - Rs.2,14,400) with interest at the rate of 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by the Tribunal.

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MFA No. 5331 of 2016 C/W. MFA No.5330/2016

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Accordingly, I proceed to pass the following:

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ORDER

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i. Both the appeals are allowed-in-part .

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ii. The judgment and award passed by the Tribunal in MVC No.7773/2011 dated 01.10.2013 by the VI Addl. Judge, Court of Small Causes and MACT, Bengaluru, is hereby modified holding the claimant is entitled for enhanced compensation of Rs.1,68,880/- along with interest @ 6% p.a., from the date of petition till its realization, in addition to what has been awarded by the Tribunal.

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iii. The judgment and award passed by the Tribunal in MVC No.7772/2011 dated 01.10.2013 by the VI Addl. Judge, Court of Small Causes and MACT, Bengaluru, is hereby modified holding the claimant is entitled for enhanced compensation of

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Rs.1,24,580/- along with interest @ 6% p.a., from

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MFA No. 5331 of 2016 C/W. MFA No.5330/2016

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the date of petition till its realization, in addition to

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what has been awarded by the Tribunal.

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iv. Both the appellants/claimants are not entitled for interest for the delayed period of 923 days in filing the appeal.

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v. Costs made easy.

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vi. Ordered accordingly.

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vii. The other observations and findings of the Tribunal are kept in tact.

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SNC

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Sd/JUDGE

Kiran Kumar N v. M/S Cipl Easy Transport Solution Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Kiran Kumar N v. M/S Cipl Easy Transport Solution Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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