Partly allowed

Smt. Gowri Gonda v. Sri Nilesh Krishna Gonda

Karnataka HC10 Dec 2024MFA/3473/2018

Case brief

AI extract

What is this about?

Three claimants injured in a 2016 road accident appealed for enhancement of Motor Accidents Claims Tribunal awards. The High Court applied notional income of Rs.9,500 per the KSLSA chart, corrected multipliers, and enhanced amounts under pain and suffering, loss of amenities, laid-up period and conveyance heads.

What did the court decide?

Compensation enhanced to Rs.3,03,709 / Rs.4,38,399 / Rs.1,67,341 with 6% p.a. interest from date of petition; no interest on delayed period; insurer to deposit within two months.

Smt. Gowri Gonda Vs Sri Nilesh Krishna Gonda — Insurance | Karnataka HC (2024)

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NC: 2024:KHC:51016 MFA No. 3473 of 2018 C/W MFA No. 3462 of 2018 MFA No. 3464 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA MISCELLANEOUS FIRST APPEAL NO. 3473 OF 2018

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C/W

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MISCELLANEOUS FIRST APPEAL NO. 3462 OF 2018 MISCELLANEOUS FIRST APPEAL NO. 3464 OF 2018

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(MV-I)

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IN MFA No. 3473/2018

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BETWEEN:

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SMT. GOWRI GONDA W/O RAMA GONDA, AGED ABOUT 57 YEARS, R/O MARUKERI VILLAGE & POST, BHATKAL TALUK, U.K.DISTRICT-571 121.

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…APPELLANT

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(BY SRI. S.M. ANFAL., ADVOCATE FOR SRI. K PRASANNA SHETTY., 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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SRI NILESH KRISHNA GONDA S/O KRISHNA GONDA, AGED MAJOR, R/O SANKADABAGILU, KOTAKANDA, MARUKERI VILLAGE AND POST, BHATKAL TALUK, U.K.DISTRICT-571 121.

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UNITED INDIA INSURANCE COMPANY LTD REP BY ITS BRANCH MANAGER, KUNDAPURA BRANCH, SLV COMPLEX, N H 66, VODER HOBLI, KUNDAPURA-572 101.

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…RESPONDENTS

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(BY SRI.P.B.RAJU., ADVOCATE FOR R-2;

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2 - NC: 2024:KHC:51016 MFA No. 3473 of 2018 C/W MFA No. 3462 of 2018 MFA No. 3464 of 2018

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NOTICE TO R-1 IS DISPENSED WITH VIDE ORDER DATED: 09.03.2021)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:08.01.2018 PASSED IN MVC NO.1182/2016 ON THE FILE OF THE ADDITIONAL DISTRICT & SESSIONS JUDGE, UDUPI, (SITTING AT KUNDAPURA), KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 3462/2018

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BETWEEN:

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SMT. MANJI W/O MANGALA GONDA, AGED ABOUT 52 YEARS R/O ARUKI, KONARA VILLAGE AND POST, BHATKAL TALUK, U K DISTRICT-576 101.

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...APPELLANT

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(BY SRI. S.M.ANFAL., ADVOCATE FOR SRI. K PRASANNA SHETTY., ADVOCATE)

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AND:

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SRI NILESH KRISHNA GONDA S/O KRISHNA GONDA, AGED MAJOR, R/O SANKADABAGILU, KOTAKANDA, MARUKERI VILLAGE AND POST, BHATKAL TALUK U K DISTRICT-576101.

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UNITED INDIA INSURANCE COMPANY LTD REP BY ITS BRANCH MANAGER KUNDAPURA BRANCH SLV COMPLEX, N H 66, VODERHOBLI, KUNDAPURA-572101.

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...RESPONDENTS

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(BY SRI. P.B.RAJU., ADVOCATE FOR R-2; NOTICE TO R-1 IS DISPENSED WITH VIDE ORDER DATED:15.07.2019)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV

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ACT AGAINST THE JUDGMENT AND AWARD DATED:08.01.2018 PASSED IN MVC NO.1183/2016 ON THE FILE OF THE ADDITIONAL DISTRICT & SESSIONS JUDGE, ADDITIONAL MACT, UDUPI (SITTING AT KUNDAPURA), KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 3464/2018

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BETWEEN:

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SMT. SUKRI W/O. SANKAYYA GONDA, AGED ABOUT 52 YEARS, R/O. MARUKERI VILLAGE AND POST, BHATKAL TALUK, U.K. DISTRICT.

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...APPELLANT

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(BY SRI. S.M.ANFAL., ADVOCATE FOR SRI. K PRASANNA SHETTY., ADVOCATE)

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AND:

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SRI NILESH KRISHNA GONDA S/O. KRISHNA GONDA, AGED MAJOR, R/O. SANKADABAGILU, KOTAKANDA, MARUKERI VILLAGE AND POST, BHATKAL TALUK, U.K. DISTRICT-581 113.

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UNITED INDIA INSURANCE COMPANY LTD. REP. BY ITS BRANCH MANAGER, KUNDAPURA BRANCH, SLV COMPLEX, N.H. 66, VODERHOBLI, KUNDAPURA-572 101.

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...RESPONDENTS

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(BY SRI. P.B.RAJU., ADVOCATE FOR R-2, VIDE ORDER DATED:10.12.2024; NOTICE TO R-1 IS DISPENSED WITH VIDE ORDER DATED:03.06.2022)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD

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4 - NC: 2024:KHC:51016 MFA No. 3473 of 2018 C/W MFA No. 3462 of 2018 MFA No. 3464 of 2018

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DATED08.01.2018 PASSED IN MVC NO.1181/2016 ON THE FILE OF THE ADDITIONAL DISTRICT SESSIONS JUDGE, UDUPI, (SITTING AT KUNDAPURA), KUNDAPURA, 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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These appeals arise out of an accident on 17.06.2016 which is not in dispute.

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The liability of insurer to pay the compensation is also not in dispute.

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The appellant in M.F.A. No.3473/2018 is dissatisfied with a compensation of Rs.1,57,090/- awarded by the Tribunal.

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The Tribunal has assessed the whole body disability at 14% which, in my view, is just and proper. However, the Tribunal has adopted the notional income of claimant at Rs.8,000/- which would have to be disturbed and the notional income of

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Rs.9,500/- will have to be applied in light of the chart prepared by Karnataka State Legal Services Authority.

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Furthermore, the Tribunal has committed an error in adopting the multiplier of ‘5’ when it ought to have adopted the multiplier of ‘7’, as the claimant was 65 years old. In light of above, the claimant is entitled to Rs.1,11,720/- (9,500/- x 12 x ‘7’ x 14%) towards ‘loss of future income’.

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The Tribunal has awarded Rs.40,000/- towards ‘pain and sufferings’, in my view, this would have to be enhanced to Rs.60,000/-.

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The Tribunal has not awarded any sum towards ‘loss of amenities’. Having regard to the fact that the claimant has suffered disability to the extent of 14%, it would be appropriate to award Rs.60,000/- under the said head.

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The Tribunal has awarded Rs.23,989/- towards ‘medical expenses’ and the same is just and proper and is accordingly affirmed.

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The claimant was hospitalized for four days and consequently, the sum of Rs.7,000/- awarded towards ‘conveyance, nourishment and attendant charges’ would have to be enhanced to Rs.10,000/-.

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The Tribunal has not awarded any sum towards ‘loss of earning during laid-up period’ and has awarded a sum of Rs.18,000/- towards ‘Bed rest’. So, in my view, since the claimant has suffered a fracture of clavicle and right scapula bone and taking into consideration her age, it would be appropriate to treat the laid-up period as four months. Hence, the claimant is entitled to Rs.38,000/- (Rs.9,500/- x 4 months) under the said head.

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NC: 2024:KHC:51016 MFA No. 3473 of 2018 C/W MFA No. 3462 of 2018 MFA No. 3464 of 2018

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Consequently, the award of the Tribunal is modified and the following sums are awarded as

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compensation:

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Sl. No.	Compensation under different Heads	As awarded by the Tribunal (Rs.)	As awarded by this Court (Rs.)
1.	Pain and sufferings	40,000/-	60,000/-
2.	Loss of future earnings	67,200/-	1,11,720/-
3.	Medical expenses	23,989/-	23,989/-
4.	Loss of earning during treatment	900/-	38,000/-
	Bed rest	18,000/-
5.	Conveyance, nourishment and nutritious food	7,000/-	10,000/-
6.	Loss of amenities in life	Nil	60,000/-
	Total	1,57,089/-	3,03,709

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Accordingly, the claimant is held entitled for

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compensation of Rs.3,03,709/- as against

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8 - NC: 2024:KHC:51016 MFA No. 3473 of 2018 C/W MFA No. 3462 of 2018 MFA No. 3464 of 2018

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Rs.1,57,089/- along with interest at the rate of 6% p.a. from the date of petition till its realisation.

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M.F.A. No.3462/2018 :

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The appellant in M.F.A. No.3462/2018 is dissatisfied with a compensation of Rs.2,24,500/- awarded by the Tribunal.

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The Tribunal has assessed the whole body disability at 25% which is just and proper. However, the Tribunal has committed an error in adopting the notional income of Rs.8,000/-. As in the earlier case the notional income of Rs.9,500/- would have to be taken. However, since the claimant was aged about 65 years, future prospects is not added to the income of claimant and the appropriate multiplier would be ‘7’. Hence, the claimant is entitled to Rs.1,99,500/- (Rs.9,500/- x 12 x 7 x 25%) towards ‘loss of future income’.

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NC: 2024:KHC:51016 MFA No. 3473 of 2018 C/W MFA No. 3462 of 2018 MFA No. 3464 of 2018

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The Tribunal has awarded a sum of Rs.50,000/towards ‘pain and sufferings’ and the same is enhanced to Rs.75,000/-, given the length of hospitalization of the claimant.

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The Tribunal has not awarded any sum towards ‘loss of amenities’. Since the claimant has suffered 25% disability, it would be appropriate to award Rs.75,000/- under the said head.

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The Tribunal has awarded a sum of Rs.26,399/towards ‘medical expenses’, which is just and proper and is accordingly affirmed.

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The claimant was hospitalized for eight days and consequently, the sum of Rs.8,000/- awarded towards ‘conveyance, nourishment and attendant charges’ would have to be enhanced to Rs.15,000/-.

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The Tribunal has not awarded any sum towards ‘loss of earning during laid-up period’ and has awarded a sum of Rs.18,000/- towards ‘Bed rest’. So, in my

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10 - NC: 2024:KHC:51016 MFA No. 3473 of 2018 C/W MFA No. 3462 of 2018 MFA No. 3464 of 2018

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view, since the claimant has suffered 25% disability and taking into consideration her age, it would be appropriate to treat the laid-up period as five months. Hence, the claimant is entitled to Rs.47,500/- (Rs.9,500/- x 5 months) under the said head.

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Consequently, the award of the Tribunal is modified and the following sums are awarded as

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compensation:

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Sl. No.	Compensation under different Heads	As awarded by the Tribunal (Rs.)	As awarded by this Court (Rs.)
1.	Pain and sufferings	50,000/-	75,000/-
2.	Loss of future earnings	1,20,000/-	1,99,500/-
3.	Medical expenses	26,399/-	26,399/-
4.	Loss of earning during treatment	2,100/-	47,500/-
	Bed rest	18,000/-
5.	Conveyance, nourishment and nutritious food	8,000/-	15,000/-

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11 -

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NC: 2024:KHC:51016 MFA No. 3473 of 2018 C/W MFA No. 3462 of 2018 MFA No. 3464 of 2018

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6.	Loss of amenities in life	Nil	75,000/-
	Total	2,24,499/-	4,38,399/-

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Accordingly, the claimant is held entitled for compensation of Rs.4,38,399/- as against Rs.2,24,500/- along with interest at the rate of 6% p.a. from the date of petition till its realisation.

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M.F.A. No.3464/2018 :

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The appellant in M.F.A. No.3464/2018 is dissatisfied with a compensation of Rs.1,20,791/- awarded by the Tribunal.

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The Tribunal has assessed the whole body disability at 2.5% and has awarded a sum of Rs.29,700/towards ‘loss of future earning capacity’.

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However, the Tribunal has committed an error in adopting the notional income of Rs.9,000/-. As in the earlier case the notional income of Rs.9,500/would have to be taken. However, since the

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claimant was aged about 54 years and the appropriate multiplier would be ‘11’. Hence, the claimant is entitled to Rs.31,350/- (Rs.9,500/- x 12 x 11 x 2.5%) towards ‘loss of future income’.

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The Tribunal has awarded a sum of Rs.18,000/towards ‘pain and sufferings’ and the same is enhanced to Rs.25,000/-, given the length of hospitalization of the claimant.

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The Tribunal has not awarded any sum towards ‘loss of amenities’. Since the claimant has suffered 2.5% disability, it would be appropriate to award Rs.20,000/- under the said head.

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The Tribunal has awarded a sum of Rs.56,991/towards ‘medical expenses’, which is just and proper and is accordingly affirmed.

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The claimant was hospitalized for eight days and consequently, the sum of Rs.5,000/- awarded

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towards ‘conveyance, nourishment and attendant

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charges’ would have to be enhanced to Rs.15,000/-.

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The Tribunal has not awarded any sum towards ‘loss of earning during laid-up period’ and has awarded a sum of Rs.9,000/- towards ‘Bed rest’. So, in my view, since the claimant has suffered 2.5% disability and taking into consideration her age, it would be appropriate to treat the laid-up period as two months. Hence, the claimant is entitled to Rs.19,000/- (Rs.9,500/- x 2 months) under the said head.

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Consequently, the award of the Tribunal is modified and the following sums are awarded as

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compensation:

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Sl. No.	Compensation under different Heads	As awarded by the Tribunal (Rs.)	As awarded by this Court (Rs.)
1.	Pain and sufferings	18,000/-	25,000/-
2.	Loss of future	29,700/-	31,350/-

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	earnings
3.	Medical expenses	56,991/-	56,991/-
4.	Loss of earning during treatment	2,100/-	19,000/-
	Bed rest	9,000/-
5.	Conveyance, nourishment and nutritious food	5,000/-	15,000/-
6.	Loss of amenities in life	Nil	20,000/-
	Total	1,20,791/-	1,67,341/-

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31. Accordingly, the claimant is held entitled for compensation of Rs.1,67,341/- as against Rs.1,20,791/- along with interest at the rate of 6% p.a. from the date of petition till its realisation.

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However, the claimant would not be entitled for interest for the delayed period as per order dated 14.10.2022 in this appeal.

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The Insurance Company is directed to deposit the amount of compensation awarded within two months

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from the date of receipt of a certified copy of this

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judgment in all the appeals.

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All the claimants are entitled to receive the entire compensation amount along with accrued interest.

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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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HNM List No.: 1 Sl No.: 27

Smt. Gowri Gonda v. Sri Nilesh Krishna Gonda

Case brief

What is this about?

What did the court decide?

Smt. Gowri Gonda v. Sri Nilesh Krishna Gonda

Case brief

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