Partly allowed

Sri Govindaraju v. Mr Shivaramegowda

Karnataka HC22 Oct 2024MFA/2511/2020

Case brief

AI extract

What is this about?

Two motor accident claim appeals sought enhancement of Tribunal awards for injuries sustained in accidents of 2014. The court adopted Rs.8,500/- as notional income per KSLSA chart, enhanced loss of future earnings, future medical expenses, pain and suffering, amenities and attendant charges, and added laid-up period loss, allowing the appeals in part.

What did the court decide?

Compensation enhanced to Rs.11,61,100/- and Rs.4,64,200/- respectively, with 6% p.a. interest; insurer directed to deposit within two months.

Sri Govindaraju Vs Mr Shivaramegowda — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:42524 MFA No. 2511 of 2020 C/W MFA No. 4343 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF OCTOBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA MISCELLANEOUS FIRST APPEAL NO.2511 OF 2020

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C/W

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MISCELLANEOUS FIRST APPEAL NO.4343 OF 2020(MV-I)

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IN MFA NO.2511/2020:

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BETWEEN:

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SRI GOVINDARAJU S/O. GIRIGOWDA AGED ABOUT 32 YEARS R/AT DEVEERAMMANADODDI VILLAGE CHIKKALAHALLI POST, SATHANUR HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT- 562 117.

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…APPELLANT

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(BY SRI GIRIMALLAIAH, ADVOCATE)

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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AND:

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MR. SHIVARAMEGOWDA SINCE DEAD BY LRS 1(a) SMT. SAROJAMMA W/O. LATE SHIVARAMEGOWDA AGED ABOUT 65 YEARS

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1(b) SRI SHREENIVAS S/O. LATE SHIVARAMEGOWDA AGED ABOUT 40 YEARS 1(c) SRI RAMEGOWDA S/O. LATE SHIVARAMEGOWDA

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NC: 2024:KHC:42524 MFA No. 2511 of 2020 C/W MFA No. 4343 of 2020

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AGED ABOUT 36 YEARS

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1(d) SRI MUTHURAJ S/O. LATE SHIVARAMEGOWDA AGED ABOUT 34 YEARS

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ALL ARE RESIDING AT: NAYAKANAHALLI VILLAGE CHIKKALAHALLI POST UYYAMBALLI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117.

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AMENDMENT CARRIED OUT AS PER ORDER DATED 22.10.2024.

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THE MANAGER

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THE NEW INDIA INSURANCE COMPANY LTD., NO.2241/4, GIRIYAMMA SHAMBUGOWDA COMPLEX CHURCH ROAD, CHANNAPATNA RAMANAGARA DISTRICT - 562 117.

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…RESPONDENTS

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(BY SRI Y. K. SHESHAGIRI RAO, ADVOCATE FOR R-2)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.07.2019 PASSED IN MVC NO.15/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, KANAKAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO.4343/2020:

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BETWEEN:

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SRI SURESH @ CHALUVARAJU @ CHALUVARAJU M. C. S/O. LATE CHALUVAIAH AGED ABOUT 34 YEARS R/AT MAHIMANAHALLI VILLAGE YADAMARANAHALLI POST

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3 - NC: 2024:KHC:42524 MFA No. 2511 of 2020 C/W MFA No. 4343 of 2020

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UYYAMBALLI HOBLI, KANAKAPURA TALUK RAMANAGARA DISTRICT-572 112.

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...APPELLANT

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(BY SRI. GIRIMALLAIAH, ADVOCATE)

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AND:

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MR. SHIVARAMEGOWDA SINCE DEAD BY LRS

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1(a) SMT. SAROJAMMA W/O. LATE SHIVARAMEGOWDA AGED ABOUT 65 YEARS

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1(b) SRI SHREENIVAS S/O. LATE SHIVARAMEGOWDA AGED ABOUT 40 YEARS

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1(c) SRI RAMEGOWDA S/O. LATE SHIVARAMEGOWDA AGED ABOUT 36 YEARS

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1(d) SRI MUTHURAJ S/O. LATE SHIVARAMEGOWDA AGED ABOUT 34 YEARS

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ALL ARE RESIDING AT: NAYAKANAHALLI VILLAGE CHIKKALAHALLI POST UYYAMBALLI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117.

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AMENDMENT CARRIED OUT AS PER ORDER DATED 22.10.2024.

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THE MANAGER THE NEW INDIA INSURANCE COMPANY LTD., NO.2241/4, GIRIYAMMA SHAMBUGOWDA COMPLEX

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NC: 2024:KHC:42524 MFA No. 2511 of 2020 C/W MFA No. 4343 of 2020

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CHURCH ROAD, CHANNAPATNA RAMANAGARA DISTRICT - 572 112.

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...RESPONDENTS

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(BY SRI Y. K. SHESHAGIRI RAO, ADVOCATE FOR R-2)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.07.2019 PASSED IN MVC NO.488/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, KANAKAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

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ORAL JUDGMENT

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The claimants is in these appeals are dissatisfied with

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the compensation of Rs.9,49,400/- and Rs.3,83,100/awarded by the Tribunal. The Tribunal has also held that

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the insurer would be liable to pay the compensation and thereafter, can recover the same from the owner of the offending vehicle. This portion of the order has been accepted by the insurer.

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5 - NC: 2024:KHC:42524 MFA No. 2511 of 2020 C/W MFA No. 4343 of 2020

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It is the case of the claimant-Govindaraju that the adoption of the notional income at Rs.7,000/- is on the lower side. It is also argued that the assessment of disability at 20% is incorrect. In my view, the assessment of disability at 20% by the Tribunal cannot be found fault with. However, since there was no actual proof of income, a sum of Rs.8,500/- as determined by Karnataka State Legal Services Authority for the accident of the year 2014 would have to be adopted. Consequently, the claimant would be entitled to a sum of Rs.3,46,800/- (Rs.8,500 X 12 X 17 X 20%) towards loss of future earnings.

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The Tribunal has awarded a sum of Rs.5,38,800/towards medical expenses and a sum of Rs.15,000/towards future medical expenses. In my view, the amount of Rs.5,38,800/- awarded towards medical expenses is based on documentary evidence will have to be accepted. The Tribunal has awarded only a sum of Rs.15,000/towards future medical expenses, as against the evidence of PW.3 who stated that a sum of Rs.50,000/- would be

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NC: 2024:KHC:42524 MFA No. 2511 of 2020 C/W MFA No. 4343 of 2020

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required for removal of implants. Since the claimant has spent Rs.5,38,800/-, which is acknowledged by the Tribunal, the Tribunal ought to have awarded a sum of Rs.50,000/- assessed by PW.3 Consequently, the award of future medical expenses enhanced from Rs.15,000/- to Rs.50,000/-.

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The Tribunal has awarded a sum of Rs.50,000/towards pain and sufferings and Rs.50,000/- towards loss of amenities. In my view, having regard to the injuries suffered, length of hospitalization and the percentage of disability, it would be appropriate enhance it to Rs.75,000/- each.

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The Tribunal has awarded only a sum Rs.10,000/towards attendant charges and diet. Since the evidence on record indicates that the claimant was hospitalized for 68 days, it would be appropriate to award a sum Rs.50,000/towards attendant charges and diet. The Tribunal has not awarded any sums towards loss of income during the laid up period. Since the claimant-Govindaraju was

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hospitalized for 68 days, it would be appropriate to take the laid up period as 3 months. Hence, the claimantGovindaraju would be entitled for a sum of Rs.25,500/(8,500 X 3 months) towards loss of income during the laid up period.

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6. Consequently, the claimant-Govindaraju would be entitled to the following sums:

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Sl. No.	Compensation under different Heads	As awarded by the Tribunal (Rs.)	As awarded by this Court (Rs.)
1.	Towards loss of future income due to disability	2,85,600/-	3,46,800/-
2.	Towards attendant charges and diet	10,000/-	50,000/-
3.	Towards medical expenses	5,38,800/-	5,38,800/-
4.	Towards pain and sufferings	50,000/-	75,000/-
5.	Towards loss of	50,000/-	75,000/-

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8 - NC: 2024:KHC:42524 MFA No. 2511 of 2020 C/W MFA No. 4343 of 2020

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	amenities
6.	Towards future medical expenses	15,000/-	50,000/-
7.	Towards loss of income during laid up period	Nil	25,500/-
	Total	9,49,400/-	11,61,100/-

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Accordingly, the claimant-Govindaraju is held entitled to a compensation of Rs.11,61,100/- as against Rs.9,49,400/- along with interest at the rate of 6% p.a. from the date of petition till its realisation.

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In the case of the claimant-Suresh, the Tribunal has assessed the income at Rs.7,000/- and the disability at 10%. As already held above, since there was no proof of actual income, a sum of Rs.8,500/- will have to be adopted as notional income.

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The disability assessed by the tribunal is based on the evidence of the doctor and, therefore, cannot be interfered with. Consequently, towards loss of future

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9 - NC: 2024:KHC:42524 MFA No. 2511 of 2020 C/W MFA No. 4343 of 2020

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earnings, the claimant-Suresh would be entitled for a sum of Rs.1,73,400/- (Rs.8,500/- X 12 X 17 X 10%).

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The Tribunal has awarded sum of Rs.1,15,300/towards medical expenses, which is based on documentary evidence and, hence, it is affirmed. The Tribunal has awarded a sum of Rs.10,000/- towards attendant charges and diet, since the claimant was hospitalized only for 6 days and this award is also just and proper. A sum of Rs.50,000/- awarded towards pain and suffering and a sum of Rs.50,000/- awarded towards loss of amenities is also just in proper and is accordingly affirmed. The Tribunal has awarded a sum of Rs.15,000/- towards future medical expenses, though the evidence of the doctor PW.2 was to the effect that the claimant-Suresh would require a sum of Rs.45,000/- towards future medical expenses. In my view, in light of the doctor's evidence, the future medical expenses ought to have been awarded Rs.45,000/-. Accordingly, a sum of Rs.15,000 is enhanced to Rs.40,000/-. Having regard to the disability suffered by

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10 - NC: 2024:KHC:42524 MFA No. 2511 of 2020 C/W MFA No. 4343 of 2020

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the claimant-Suresh at 10%, it would be appropriate to take the laid up period as 3 months and, consequently, the claimant would be entitled to a sum of Rs.25,500/(Rs.8,500/- X 3 months) towards loss of earnings during the laid up period.

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11. Consequently, the claimant-Suresh would be entitled

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to the following sums:

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Sl. No.	Compensation under different Heads	As awarded by the Tribunal (Rs.)	As awarded by this Court (Rs.)
1.	Towards loss of future income due to disability	1,42,800/-	1,73,400/-
2.	Towards attendant charges and diet	10,000/-	10,000/-
3.	Towards medical expenses	1,15,300/-	1,15,300/-
4.	Towards pain and sufferings	50,000/-	50,000/-
5.	Towards loss of	50,000/-	50,000/-

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11 - NC: 2024:KHC:42524 MFA No. 2511 of 2020 C/W MFA No. 4343 of 2020

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	amenities
6.	Towards future medical expenses	15,000/-	40,000/-
7.	Towards loss of income during laid up period	Nil	25,500/-
	Total	3,83,100/-	4,64,200/-

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Accordingly, the claimant-Govindaraju is held entitled to a compensation of Rs.4,64,200/- as against Rs.3,83,100/- along with interest at the rate of 6% p.a. from the date of petition till its realisation.

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The Insurance Company is directed to deposit the amount of compensation awarded in both the appeals within two months from the date of receipt of a certified copy of this judgment.

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These appeals are accordingly allowed in part.

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Sd/(N S SANJAY GOWDA) JUDGE

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GSR,List No.: 1 Sl No.: 16

Sri Govindaraju v. Mr Shivaramegowda

Case brief

What is this about?

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Sri Govindaraju v. Mr Shivaramegowda

Case brief

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