Partly allowed

Shashikumar L S v. R Muralikumar

Karnataka HC8 Aug 2024MFA/3905/2019

Case brief

AI extract

What is this about?

This Motor Vehicles Act appeal challenged the compensation awarded in a motor accident case. The High Court enhanced the compensation for pain and sufferings and loss of amenities while affirming the loss of future income, increasing the total award from Rs. 3,83,660 to Rs. 4,50,360.

What did the court decide?

Appeal partly allowed; total compensation enhanced from Rs. 3,83,660 to Rs. 4,50,360 with interest deposited by the respondent.

Shashikumar L S Vs R Muralikumar — Motor Accident Claims | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:31772 MFA No. 3905 of 2019

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 8^TH DAY OF AUGUST, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 3905 OF 2019 (MV)

¶6

BETWEEN:

¶7

SHASHIKUMAR L S S/O SHIVAPPA AGED ABOUT 29 YEARS WORKING AS ELECTRICIAN AT JOHNSON LIFTS PVT LTD., R/O JODILINGADAHALLI VILLAGE KADUR TALUK-577 548

¶8

…APPELLANT

¶9

(BY SRI. C SADASHIVA.,ADVOCATE)

¶10

AND:

¶11

Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA

¶12

R MURALIKUMAR S/O RAMASWAMY AGED ABOUT 40 YEARS PLEGINAMMA STREET VIJAYAPURA-586101 CHIKKAMAGALURU PRESENTLY RESIDENT OF C/O KALLEGOWDA, GOWRIKALUVE NEAR GOOD MORNING SHOP CHIKKAMAGALURU-577 117.

¶13

THE MANAGER

¶14

NEW INDIA ASSURANCE CO LTD. SULTANAS K T STREET CHIKKAMAGALURU-577 117

¶15

…RESPONDENTS

¶16

(BY SRI.V.RAJASHEKHAR REDDY., ADVOCATE FOR R2: NOTICE TO R1 IS SERVED AND UNREPRESENTED)

¶17

2 - NC: 2024:KHC:31772 MFA No. 3905 of 2019

¶18

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.09.2018 PASSED IN MVC NO.330/2017 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE, AMACT, CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶19

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

¶20

CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD

¶21

ORAL JUDGMENT

¶22

This appeal under Section 173(1) of Motor Vehicles

¶23

Act, 1988 (hereinafter referred to as ‘the Act’) has been filed by the claimant being aggrieved by the judgment dated 01.09.2018 passed by the I Additional Senior Civil Judge and AMACT, Chikkamagaluru (hereinafter referred to as ‘the Tribunal’) in MVC No.330/2017.

¶24

Facts giving rise to the filing of the appeal briefly stated are that on 14.02.2017 at about 12.30 p.m., when the claimant was proceeding on motorcycle bearing registration No.KA-18/EE-6795 from Sakrepatna to Jodilingadahalli in front of Selection Tailors on NH 173 road, Kadur Taluk, at that time, a car bearing registration

¶25

3 - NC: 2024:KHC:31772 MFA No. 3905 of 2019

¶26

No.KA-03/MD-6175 being driven by its driver at a high speed and in a rash and negligent manner, dashed to the vehicle of the claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.

¶27

The claimant filed a petition under Section 166 of the Act, seeking compensation. It was pleaded that he spent significant amount towards medical expenses, conveyance charges and other related costs. It was further pleaded that the accident occurred solely on account of rash and negligent driving of the offending vehicle by its driver.

¶28

Upon service of notice, the respondent Nos.1 and 2 appeared through counsel and filed written statements denying the averments made in the claim petition.

¶29

On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter, recorded the evidence. The claimant, in order to prove the case, examined himself as PW-1 and Dr.Mahabalesh Shetty as

¶30

4 - NC: 2024:KHC:31772 MFA No. 3905 of 2019

¶31

CW1, and got exhibited documents namely Ex.P1 to Ex.P51 and C1 to C4. On behalf of the respondents, no witness was examined but got exhibited documents namely Ex.R1 to Ex.R3. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the claimant sustained injuries. The Tribunal further held that the claimant is entitled to a compensation of Rs.3,83,660/along with interest at the rate of 6% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. Being aggrieved, the present appeal has been filed.

¶32

The learned counsel for the claimant submits that due to the accident, the claimant has sustained grievous injuries. He was treated as inpatient for a period of two months. Even after discharge from the hospital, he was not in a position to discharge his regular work. He has suffered lot of pain during treatment. Considering the

¶33

5 - NC: 2024:KHC:31772 MFA No. 3905 of 2019

¶34

same, the compensation awarded by the Tribunal under the heads of 'loss of future income', 'loss of amenities', 'pain and sufferings' and other incidental expenses are on the lower side. Hence, he sought to allow the appeal.

¶35

On the other hand, the learned counsel for the Insurance Company submits that considering the injuries sustained by the claimant and considering the age and avocation of the claimant, the compensation awarded by the Tribunal under the heads of 'loss of future income', 'loss of amenities', 'pain and sufferings' and other incidental expenses are just and reasonable and it does not warrant interference. Hence to sought to dismiss the appeal.

¶36

Heard the learned counsel for the parties and perused the judgment and award of the Tribunal.

¶37

It is not in dispute that the claimant has sustained injuries in the road traffic accident occurred on 14.02.2017

¶38

6 - NC: 2024:KHC:31772 MFA No. 3905 of 2019

¶39

due to rash and negligent driving of the offending vehicle by its driver.

¶40

As per wound certificate, the claimant has sustained left distal third tibia and fibula fracture and grievous injuries to left elbow and other injuries. Taking into consideration the deposition of the doctor and injuries mentioned in the wound certificate, the Tribunal has rightly awarded.

¶41

The nature of injuries indicates that the claimant must have been under rest and treatment for a period of three months. Consequently, the claimant is entitled to compensation of Rs.44,100/- (Rs.14,700*3 months) under the head ‘loss of income during laid up period’.

¶42

The claimant was hospitalized as an inpatient for more than two months in the hospital and subsequently received further treatment. Due to the accident, the claimant has suffered grievous injuries and also undergone surgery. Considering the prolonged pain during treatment

¶43

7 - NC: 2024:KHC:31772 MFA No. 3905 of 2019

¶44

as well as the permanent disability certified by the doctor,

¶45

I am inclined to enhance the compensation awarded by

¶46

the Tribunal under the head of 'pain and sufferings' from Rs.33,000/- to Rs.55,000/- and under the head of 'loss of amenities' from Rs.20,000/- to Rs.50,000/-.

¶47

Considering the nature of injuries, the compensation awarded by the Tribunal under other heads is just and reasonable.

¶48

Thus, the claimant is entitled to the following compensation:

¶49

Compensation under different Heads	As awarded by the Tribunal (Rs.)	As awarded by this Court (Rs.)
Pain and sufferings	33,000	55,000
Medical expenses	58,544	58,544
Food, nourishment, conveyance and attendant charges	5,000	5,000
Loss of income during laid up period	29,400	44,100
Loss of amenities	20,000	50,000

¶50

8 - NC: 2024:KHC:31772 MFA No. 3905 of 2019

¶51

Loss of future income	1,99,716	1,99,716
Future medical expenses	38,000	38,000
Total	3,83,660	4,50,360

¶52

In the result, the following order is passed:

¶53

ORDER

¶54

a) The appeal is allowed in part.

¶55

b) The judgment of the Claims Tribunal is modified.

¶56

c) The claimant is entitled to a total compensation of Rs.4,50,360/- as against Rs.3,83,600/- awarded by the Tribunal.

¶57

d) The Insurance Company is directed to deposit the compensation amount along with interest @ 6% p.a. from the date of filing of the claim petition till the date of realization, within a period of six weeks from the date of receipt of a copy of this

¶58

judgment.

¶59

Sd/(H.T. NARENDRA PRASAD) JUDGE

¶60

¶61

List No.: 1 Sl No.: 45

Shashikumar L S v. R Muralikumar

Case brief

What is this about?

What did the court decide?

Shashikumar L S v. R Muralikumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nagarajanaik Vs Vinod Kumar

Sri Narayana Singh Vs by Its Manager

Narasimhappa @ Narasimhamurthy N Vs Royal Sundram General Insurance Co. Ltd.

D G Nagaraj Vs Kumar

The Manager Vs Sri Aswathappa

Prathap Chandra Shetty Vs Vishala Shivananda