Appeal against MACT award for motorcycle-tractor collision. Court reduced claimant's contributory negligence from 50% to 20%, reassessed notional income at Rs.9,500 p.m. and functional disability at 14%, enhanced total compensation to Rs.3,28,678/- (80% of Rs.4,10,847) with 6% interest.
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: 2024:KHC:130 MFA No. 2246 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.2246 OF 2019 (MV-I)
BETWEEN:
SRI. NINGEGOWDA, S/O NANJEGOWDA, AGED ABOUT 56 YEARS, R/AT CHIKKADALURU VILLAGE, DUDDA HOBLI, HASSAN DISTRICT- 573 118
…APPELLANT
(BY SRI. MURALI N., ADVOCATE)
AND:
Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:130 MFA No. 2246 of 2019
DUDDA HOBLI, HASSAN TALUK AND DISTRICT – 573 118
…RESPONDENTS
(BY SRI. K.NAGARAJAIAH, ADVOCATE FOR R2; R1 AND R3- NOTICE SERVED)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 08/08/2018, PASSED IN MVC NO.200/2017, ON THE FILE OF III ADDITIONAL DISTRICT JUDGE AND MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The present appeal is filed by the appellant/claimant challenging the judgment and award dated 08.08.2018 passed in MVC.No.200/2017 by III Addl. District Judge and MACT, Hassan, for seeking enhancement of compensation.
NC: 2024:KHC:130 MFA No. 2246 of 2019
motor cycle, which was being riding by the claimant and tractor. The Tribunal has held that the claimant has contributed 50% of rash and negligence towards the accident on the reason that from Ex.P.6-spot mahazar, it is revealed that the accident is at the middle of the road. But in the charge sheet, it is the opinion of the Investigation Officer that the claimant was riding on his left side, but in the said spot sketch, the spot of accident is at the middle of the road. The Tractor is the bigger vehicle compared to motor cycle. The claimant did not have the driving licence to drive the motor cycle. Therefore, considering the evidence on record on all its preponderance of probability, certainly the claimant has not contributed 50% of rash and negligence towards the accident. Considering these documentary evidence, it can be held that the claimant has contributed 20% of rash and
negligence towards the accident and the driver of the
Tractor has contributed 80% of rash and negligence
towards the accident. Accordingly, the judgment and award passed by the Tribunal is liable to the modified.
claimant sustained the following injuries:
under various heads as follows:
| 1 | Loss of income due disability |
to | Rs. | 1,45,200/- |
|---|---|---|---|---|
| 2 | Loss of income during laid period |
up | Rs. | 11,000/- |
| 3 | Attendant charges | Rs. | 5,000/- | |
| 4 | Pain and suffering | Rs. | 50,000/- | |
| 5 | Medical expenses | Rs. | 96,787/- | |
| 6 | Future medical expenses | Rs. | 30,000/- | |
| 7 | Miscellaneous expenditure | Rs. | 7,013/- | |
| TOTAL | Rs. | 3,45,000/- |
NC: 2024:KHC:130 MFA No. 2246 of 2019
Rs.11,000/- p.m., which is on the higher side. The accident is caused in the year 2016, therefore, the notional income is taken at Rs.9,500/- p.m., as per the Notional Income Chart recognized by the Karnataka State Legal Service Authority. The claimant has sustained fracture of left femur and laceration on left knee. The doctor has stated that the claimant has suffered functional disability at 32% towards left lower limb, but the Tribunal has taken only 10% as functional disability. The claimant is working as an agriculturist and certainly fracture of femur to the left leg hampers the agricultural work. Therefore, it is just and proper to take functional disability as 14% affecting the earning capacity of the claimant. The claimant is aged 54 years as on the date of the accident, therefore, the appropriate multiplier applicable is 11. Therefore, compensation under the head loss of future income due to disability is re-assessed and quantified as follows:
Rs.9,500/- x 14% x 11 x 12 =Rs.1,75,560/-
Accordingly, compensation of Rs.1,75,560/- is
awarded under the head loss of future income due to disability.
under the head injury, pain and suffering as against Rs.50,000/- awarded by the Tribunal.
9. The compensation of Rs.96,787/- awarded by the
Tribunal under the head medical expenses is as per the actual bills produced, which needs no interference. Hence, it is kept in tact.
10. The compensation of Rs.30,000/- awarded by the
Tribunal under the head future medical expenses is found
to be just and proper. Hence, it is kept in tact.
11. Further compensation of Rs.28,500/-
(Rs.9,500/- p.m. x 3 months) is awarded under the head loss of income during laid up period for a period of three months.
12. Further compensation of Rs.20,000/- is awarded
under the head incidental expenses such as food, nourishment, conveyance, attendance charges,
transportation and follow-up treatment etc.
13. Thus, in all, the appellant/claimant is entitled to
total compensation under various heads as follows:
| 1 | Pain and suffering | Rs. | 60,000/- | |
|---|---|---|---|---|
| 2 | Medical expenses | Rs. | 96,787/- | Kept in tact |
| 3 | Loss of income due to disability |
Rs. | 1,75,560/- | |
| 4 | Loss of income during laid up period |
Rs. | 28,500/- | |
| 5 | Future medical expenses | Rs. | 30,000/- | Kept in tact |
| 6 | Incidental expenses such as food, nourishment, conveyance, attendance charges, transportation and follow-up treatment etc |
Rs. | 20,000/- | |
| TOTAL | Rs. | 4,10,847/- |
14. The appellant/claimant has contributed 20% of negligence towards the accident. Hence, the
appellant/claimant is entitled to only 80% of above determined compensation. Thus, the appellant/claimant is entitled to total compensation of Rs.3,28,678/- (80% of Rs.4,10,847/-) as against the compensation amount awarded by the Tribunal along with interest at the rate of 6% p.a., from the date of petition till realization, in addition to what has been awarded by the Tribunal.
15. Accordingly, I proceed to pass the following
ORDER
i. The appeal is allowed in part . ii. The impugned j udgment and award dated 08.08.2018 passed in MVC.No.200/2017 by III Addl. District Judge and MACT, Hassan, is modified.
iii. The appellant/claimant is entitled to total compensation of Rs.3,28,678/- (80% of Rs.4,10,847/-) as against the compensation
NC: 2024:KHC:130 MFA No. 2246 of 2019
amount awarded by the Tribunal along with interest at the rate of 6% p.a., from the date of petition till realization, in addition to what has been awarded by the Tribunal.
Sd/JUDGE
PB
List No.: 2 Sl No.: 74
2 issues framed by the court
Whether the claimant's contributory negligence was 50% as held by the Tribunal or lower, given the spot mahazar, charge sheet and vehicle size.
Whether the compensation awarded by the Tribunal required enhancement, including reassessment of notional income and functional disability.
1 provisions across 1 enactments
Sri. Ningegowda
Sri. Keshavegowda
The Branch Manager United India Insurance Co. Ltd.
Sri. Thimmappa
Hanchate Sanjeevkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
