The HC allowed the first appeal partly, revising the compensation for motor accident injuries to Rs.3,03,500 by enhancing income assessment, pain and suffering, and adding loss of amenities head.
Compensation enhanced to Rs.3,03,500 with interest at 6% p.a. from date of petition; insurer to deposit within four weeks.
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.
NC: 2023:KHC:23694-DB MFA No. 6193/2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JULY, 2023
PRESENT
THE HON'BLE MRS JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
MISCELLANEOUS FIRST APPEAL No.6193/2021 (MV-I)
BETWEEN:
MRS.SRIMATHI AGED ABOUT 62 YEARS W/O JANARDHAN NAVUDA R/AT NO 281, VIJAYAKRISHNA 6TH CROSS, BEHIND SRINIVASA THEATRE CHIKKAGOWDANAPALYA, SUBRAMANYAPURAM BENGALURU SOUTH - 560 061 ALSO R/AT NAVUDAVAKERI VADERHOBLI, VADERHOBLI VILLAGE KUNDAPURA TALUK AND POST UDUPI DISTRICT 576 201 …APPELLANT
(BY SRI K PRASANNA SHETTY, ADVOCATE)
AND:
Digitally signed by K S RENUKAMBA Location: High Court of Karnataka
(BY SRI RAJENDRA HEGDE MULKHAND, ADVOCATE FOR R2; NOTICE TO R1 DISPENSED WITH V/C/O DATED 06.06.2023)
NC: 2023:KHC:23694-DB MFA No. 6193/2021
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MV ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 31.01.2020 PASSED BY THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT, KUNDAPURA IN MVC NO.423/2018 PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR FINAL HEARING, THIS DAY, K.S.MUDAGAL.J, DELIVERED THE FOLLOWING:
JUDGMENT
“Whether the compensation awarded to the claimant under the impugned award is just”? is the question involved in this case.
Crime No.157/2017 as per Ex.P1 against the driver of the car bearing registration No.KA-02-MG-8853. After investigation, the said police filed charge sheet as per Ex.P3 against the driver of the said car for the offences punishable under Sections 279 and 338 of IPC and Section 134(b) and 187 of the Indian Motor Vehicles Act, 1988. At the relevant time, respondent Nos.1 and 2 were the registered owner and insurer of the car bearing Registration No.KA-02-MG-8853.
injuries suffered by the claimant, her age, occupation, income and disability suffered by her. Respondent No.2 further disputed its liability to pay the compensation.
Rs.2,38,947/- on different heads as per the table below:
| Sl. No. |
Particulars | Compensation awarded in Rs. |
|---|---|---|
| 1. | Loss of income due to disability 9000 x 12 x 7 x 11% |
83,160/- |
| 2. | Towardspain and suffering | 25,000/- |
| 3. | Towards medical expenses | 63,787/- |
| 4. | Towards conveyance, diet and attendant charges |
20,000/- |
| 5. | Towards loss of income during laid up period |
27,000/- |
| 6. | Towards future medical expenses | 20,000/- |
| Total | 2,38,947/- |
The Tribunal fastened the liability to the Insurer/respondent No.2 and awarded interest at 6% per annum.
Analysis
NC: 2023:KHC:23694-DB MFA No. 6193/2021
the disability of the claimant to her left upper limb was partial and upto 22%. He did not speak about the percentage of disability to the whole body. Therefore the Tribunal magnanimously considered the same at 11% which was ½ of the disability spoken by the doctor. Therefore there is no reason to hold that by any stretch of imagination the same is on the lower side.
doing milk vending business and earning Rs.13,000/- per month, except her oral testimony which was disputed, there was no tangible evidence to prove the same. Having regard to the cost of living and wage rates prevailing during the year 2017, the Tribunal should have assessed her income notionally at Rs.11,000/- per month instead of Rs.9,000/per month. The applicable multiplier for her age is 7. Therefore just compensation payable on the head of loss of future earnings is Rs.11,000/- x 12 x 7= 9,24,000/-. The disability assessed is at 11%. Therefore the compensation payable on the head of loss of future earnings comes to Rs.1,01,640/- (Rs.9,24,000/- x 11%).
age. Therefore awarding compensation of Rs.25,000/- on the
head of loss of amenities meets the ends of justice.
The just compensation payable is as follows:
| Sl. No. |
Particulars | Compensation awarded in Rs. |
|---|---|---|
| 1. | Loss of Future earnings | 1,01,640/- |
| 2. | Pain and sufferings | 40,000/- |
| 3. | Medical expenses | 63,787/- |
| 4. | Conveyance, diet and attendant charges |
20,000/- |
| 5. | Loss of income during laid up period |
33,000/- |
| 6. | Future medical expenses | 20,000/- |
| 7. | Loss of amenities | 25,000/- |
| Total | 3,03,427/- rounded to 3,03,500/- |
be allowed in part. Hence the following:
ORDER
The appeal is partly allowed. The impugned award is modified as follows:
(i) The claimant is entitled to compensation of Rs.3,03,500/- with interest thereon at 6% per annum from the date of the petition till its realization.
(ii) Respondent No.2 Insurer shall deposit the same before the Tribunal within four weeks from the date of receipt of copy of this order. On such deposit, the Tribunal shall
release the said amount to the claimant digitally on furnishing required records.
(iii) Registry shall transmit the records to the Tribunal forthwith.
Sd/JUDGE
Sd/JUDGE
KSR List No.: 1 Sl No.: 49
2 issues framed by the court
Whether the compensation awarded to the claimant under the impugned award is just?
Whether the notional income and disability percentage assessed by the Tribunal should be revised
Srimathi AGED ABOUT 62 YEARS W/O JANARDHAN NAVUDA
MS.S.HARSHAVARDHINI AGED ABOUT 41 YEARS D/O SRINIVASA
Universal Sompo General Insurance Co Ltd.
K.S.MUDAGAL
RAMACHANDRA D. HUDDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
