Partly allowed

Sri. Thimmaiah v. the Managing Director

Karnataka HC9 Aug 2024MFA/4255/2019

Case brief

AI extract

What is this about?

The High Court allowed the appeal in part against the Motor Accident Claims Tribunal. The Court enhanced the appellant's compensation to Rs.3,29,358/- from Rs.1,61,718/- by adjusting income, disability percentage, and heads of payment. Interest was reduced to 6% p.a. following a Division Bench precedent.

What did the court decide?

Compensation enhanced to Rs.3,29,358/- with interest at 6% p.a.; Corporation directed to deposit Rs.3,24,358/-.

Sri. Thimmaiah Vs the Managing Director — Pension and Retirement Benefits | Karnataka HC (2024)

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1 - NC: 2024:KHC:31982 MFA No. 4255 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 4255 OF 2019 (MV)

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BETWEEN:

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SRI. THIMMAIAH

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S/O DASAPPA, AGED ABOUT 55 YEARS R/AT NO. 32, ANJANEYA TEMPLE ROAD, HOSAHALLI, BANGALORE DIST-560062

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…APPELLANT

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(BY SRI. MURTHY D L., ADVOCATE)

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AND:

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THE MANAGING DIRECTOR

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Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA

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KSRTC, K H ROAD, SHANTHINAGAR BANGALORE-560027

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(BY SMT. H.R.RENUKA, ADVOCATE)

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…RESPONDENT

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.1.2019 PASSED IN MVC NO.2979/18 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE & MACT, BENGALURU [SCCH-11], PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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NC: 2024:KHC:31982 MFA No. 4255 of 2019

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

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ORAL JUDGMENT

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This appeal under Section 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’) has been filed by the claimant being aggrieved by the judgment dated 24.01.2019 passed by the Motor Accident Claims Tribunal, Bangalore (SCCH-11) (hereinafter referred to as ‘the Tribunal’) in MVC No.2979/2018.

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Facts giving rise to the filing of the appeal briefly stated are that on 29.05.2018 at about 10.30 to 11.00 a.m. when the claimant was proceeding in a KSRTC bus bearing registration No.KA-19/F-3101, on NH 206 road, near Kadur town, Chikkamagalur, at that time, the driver of the bus drove the same at a high speed and in a rash and negligent manner, hit the right side of the wall and fell down from the bridge. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.

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3 - NC: 2024:KHC:31982 MFA No. 4255 of 2019

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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.

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

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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.Nagaraj B.N. was examined as PW-2, and got exhibited documents namely Ex.P1 to Ex.P22. On behalf of the respondents, one witness was examined as RW-1 and got exhibited document namely Ex.R1. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took

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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.1,61,718/along with interest at the rate of 9% p.a. and since the Corporation paid Rs.5,000/- to the claimant at the time of the accident, directed the Corporation to deposit the compensation amount of Rs.1,56,718/along with interest. Being aggrieved, the present appeal has been filed.

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The learned counsel for the claimant raised the following contentions:

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(i) Firstly, the Tribunal erred in assuming the monthly income of the claimant as Rs.9,000/-, despite claiming that he earned Rs.10,000/- per month by working as a coolie.

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(ii) Secondly, the claimant has examined the doctor as PW-2. The Tribunal undervalued the claimant's whole-body disability at 7%, contradicting the evidence of the doctor

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that the claimant suffered 42% disability of the arm and

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14% to the whole body.

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(iii) Thirdly, due to the accident, the claimant has sustained grievous injuries. 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 same, the compensation awarded by the Tribunal under the heads of 'loss of amenities', 'pain and sufferings' and other incidental expenses are on the lower side.

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With the above submissions, learned counsel for the appellant sought to allow the appeal.

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On the other hand, the learned counsel for the Corporation raised the following counter-contentions:

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(i) Firstly, the assertion of claimant that he was earning Rs.10,000/- per month, remains unsubstantiated due to lack of documentary evidence. In the absence of

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proof of income, the Tribunal has assessed the income of the claimant notionally.

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(ii) Secondly, the Tribunal considering the injuries sustained by the claimant and evidence of the doctor, has rightly assessed the whole body disability at 7%.

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(iii) Thirdly, the injuries suffered by the claimant are minor in nature. 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 amenities', 'pain and sufferings' and other incidental expenses are just and reasonable and it does not warrant interference.

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(iv) Lastly, in light of the Division Bench decision of this Court in the case of Ms.Joyeeta Bose and others –

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v- Venkateshan.V and others (MFA 5896/2018 and connected matters disposed of on 24.8.2020), the rate of interest awarded by the Tribunal at 9% p.a. on the compensation amount appears excessive.

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NC: 2024:KHC:31982 MFA No. 4255 of 2019

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With the above submissions, learned counsel for the

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Insurance Company sought to dismiss the appeal.

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Heard the learned counsel for the parties and

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perused the judgment and award of the Tribunal and the original records.

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It is not in dispute that the claimant has sustained injuries in the road traffic accident occurred on 29.05.2018 due to rash and negligent driving of the offending vehicle by its driver.

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The claimant claims that he was earning Rs.10,000/per month by working as a coolie. Considering the age and avocation of the deceased, I am of the opinion that the monthly income has to be assessed at Rs.10,000/-.

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As per wound certificate, the claimant has sustained CLW over upper lip, tenderness fracture right forearm, diffuse swelling at upper lip region, sutures on upper lip and fracture clinically missing with fresh socket.

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The doctor in his evidence has stated that the claimant has suffered disability of 42% to arm and 14% to whole body. Therefore, taking into consideration the deposition of the doctor and injuries mentioned in the wound certificate, I am of the opinion that the whole body disability has to be assessed at 14%. The claimant was aged about 55 years at the time of the accident and multiplier applicable to his age group is ‘11’. Thus, the claimant is entitled for compensation of Rs.1,84,800/- (Rs.10,0001211*14%) on account of 'loss of future income'.

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The nature of injuries indicates that the claimant must have been under rest and treatment for a period of 3 months. Consequently, the claimant is entitled for compensation of Rs.30,000/- (Rs.10,000*3 months) under the head ‘loss of income during laid up period’.

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Due to the accident, the claimant has suffered grievous injuries and also undergone surgery. Considering the prolonged pain during treatment as well as the permanent disability certified by the doctor, I am inclined

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to enhance the compensation awarded by the Tribunal under the head of 'pain and sufferings' from Rs.15,000/to Rs.40,000/- and under the head of 'loss of amenities' from Rs.20,000/- to Rs.40,000/-.

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

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Thus, the claimant is entitled to the following compensation:

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Compensation under different Heads	As awarded by the Tribunal (Rs.)	As awarded by this Court (Rs.)
Pain and sufferings	15,000	40,000
Medical expenses	33,558	33,558
Food, nourishment, conveyance and attendant charges	1,000	1,000
Loss of income during laid up period	9,000	30,000
Loss of amenities	20,000	40,000

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10 -

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NC: 2024:KHC:31982 MFA No. 4255 of 2019

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Loss of future income	83,160	1,84,800
Total	1,61,718	3,29,358

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In the result, the following order is passed:

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ORDER

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(i) The appeal is allowed in part.

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(ii) The judgment of the Claims Tribunal is modified.

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(iii) The claimant is entitled to a total compensation of Rs.3,29,358/- as against Rs.1,61,718/- awarded by the Tribunal.

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(iv) Following the judgment of the Division Bench of this Court in the case of ‘MS.JOYEETA BOSE’ (supra) , the enhanced compensation shall carry interest at 6% per annum.

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(v) Since at the time of the accident, Rs.5,000/- has been paid by the Corporation to the claimant, the Corporation is directed to deposit the compensation amount of Rs.3,24,358/- along with interest from the date

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