Claimant injured in a car accident sought enhancement of compensation. Court raised notional income to Rs.12,500 per month, functional disability to 17%, and enhanced various heads, awarding Rs.6,34,801 against Rs.4,01,000 by the Tribunal, payable with 6% interest by the insurer.
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:9083 MFA No. 2431 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2024 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 2431 OF 2020 (MV-I)
BETWEEN:
VASANTHA K A W/O D NANJAIAH, AGED ABOUT 57 YEARS, R/AT BYLANJANEYA TEMPLE, IST CROSS, HANUMANTHAPURA, TUMKUR TALUK-572 101
…APPELLANT
(BY SRI. SHANTHARAJ K.,ADVOCATE)
AND:
Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH
Location: HIGH COURT OF KARNATAKA
…RESPONDENTS (BY SRI.E.I.SANMATHI .,ADVOCATE FOR R-2; NOTICE TO R-1 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT & AWARD DATED 04.11.2019 PASSED BY THE
NC: 2024:KHC:9083 MFA No. 2431 of 2020
LEARNED II ADDL.DISTRICT AND SESSIONS JUDGE AND MACT, TUMAKURU IN MVC NO.698/2018 WITH A PRAYER FOR ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred by the appellant – claimant challenging the judgment and award dated 4th November, 2019 passed in MVC No.698/2018 by the Court of II Additional District Judge and MACT, Tumakuru (for short ‘ the Tribunal’ ). This appeal is founded on the premise of inadequate and meager compensation awarded by the Tribunal.
their status before the Tribunal.
On 23.1.2018 when the claimant – Vasanth K.A. was travelling in the car bearing Registration No.KA-06-P7363, the driver of the car (his son), in order to avoid a
dog crossing the road, suddenly took the car towards right side and lost control over the vehicle and thereby dashed
against the divider causing injuries to claimant and other inmates of the car. Immediately, the claimant was shifted to Adichunchanagiri hospital and thereafter to Siddaganga hospital for better treatment. Due to the occurrence of the accident and the injuries suffered, the claimant is permanently disabled and lost future earning capacity and expended lakhs of rupees towards treatment. Hence, she filed the claim petition seeking compensation.
3.1 On service of notice, Respondent No.1 remained
absent and he was placed exparte before the Tribunal. Respondent No.2 filed the written statement denying the
averments made in the claim petition including age, avocation and income and negligence attributed against driver of the offending car. It is also pleaded that driver of the car was not holding the valid and effective Driving Licence as on the date of occurrence of the accident. On these grounds sought for dismissal of the claim petition.
3.2 Based on the pleadings, the Tribunal framed the relevant issues for consideration.
NC: 2024:KHC:9083 MFA No. 2431 of 2020
3.3 In order to substantiate the issues and establish the case, the claimant examined himself as PW.1 and other two witnesses as PWs.2 and 3 and got marked Ex.P1 to Ex.P16. On the other hand, respondents did not examine any witness, but 2nd respondent got marked Ex.R1/insurance policy.
3.4 On the basis of the material evidence, both oral and documentary and after hearing learned counsel for the parties, the Tribunal awarded total compensation of Rs.4,01,000/- alongwith interest at 6% per annum and directed the respondent No.2/insurer to deposit the compensation amount within a period of two months.
3.5 Being aggrieved by the meager and inadequate compensation awarded by the Tribunal, the claimant is before this Court seeking enhancement of compensation.
is not in accordance with the material on record. Therefore, he seeks to allow the appeal and enhance the compensation.
and perused the material on record, it is seen that the claimant has produced the documents as per Exs.P1 to P16, out of which, Ex.P1 to Ex.P6 are the Police records, which clearly depict registration of the FIR and laying of charge sheet against the driver of the car and same have
not been challenged or controverted. Therefore, the tribunal rightly attributed the negligence against the driver
NC: 2024:KHC:9083 MFA No. 2431 of 2020
of the offending vehicle. Ex.P7 to Ex.P16 are the medical records, which clearly depict the injuries sustained by the claimant in the accident.
NC: 2024:KHC:9083 MFA No. 2431 of 2020
fracture of L-1 vertebra and she underwent surgery with fixation of dorsolumbar spine and opined whole body disability to be 33%. However, the Tribunal taken the whole body disability to be 11%. Learned counsel for the claimant contends that the same is on the lower side and in fact because of the permanent disability suffered, the claimant cannot continue the tailoring work and her earning capacity completely diminished and therefore functional disability to be taken at 100%. I am in partial agreement with the learned counsel for the appellant. In the present case, the claimant suffered fracture of L-1 vertebra and she underwent surgery with fixation of dorsolumbar spine and therefore, it would not be easy for the claimant to continue tailoring work as she was doing prior to the accident. Therefore, the disability taken by the Tribunal is on the lower side. On appreciation of evidence of the doctor and considering the age, avocation and nature of injuries sustained by the claimant, I deem it appropriate to assess the functional disability to be 17%.
NC: 2024:KHC:9083 MFA No. 2431 of 2020
recuperate and get back to normal day to day activities. In view of this Court enhancing the income to Rs.12,500/-
per month, Rs.37,500/- (Rs.12,500 x 3) is awarded under this head.
Rs.6,34,801/- as against Rs.4,01,000/- awarded by the Tribunal, as mentioned in the table below:
| Sl. No. |
Head of compensation | Amount of compensation awarded |
|---|---|---|
| 1 | Loss of future earnings | Rs.2,29,500-00 |
| 2 | Pain & suffering | Rs. 50,000-00 |
| 3 | Food, Nourishment, conveyance and attendant charges |
Rs. 20,000-00 |
| 4 | Loss of income during laid up period |
Rs. 50,000-00 |
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| 5 | Loss of amenities | Rs. 50,000-00 |
|---|---|---|
| 6 | Medical expenses | Rs. 2,35,301-00 |
| Total | Rs. 6,34,801-00 |
O R D E R
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vi) All other terms and conditions stipulated by the Tribunal shall stand intact.
Sd/JUDGE
GSS List No.: 1 Sl No.: 62
1 issue framed by the court
Whether the compensation awarded by the Tribunal for injuries suffered in a motor accident was inadequate and required enhancement?
1 provisions across 1 enactments
Vasantha K A
Yatish N
New India Assurance Company Limited
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
