The High Court allowed the appeal in part, enhancing the compensation awarded for a motor accident caused by rash and negligent driving resulting in amputation.
Total compensation enhanced to Rs. 22,23,074/- to be paid by the Insurance Company with 6% interest.
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:10153 MFA No. 438 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2024 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.438 OF 2022 (MV-I)
BETWEEN:
SRI JAYANNA T. AGED ABOUT 43 YEARS, S/O.THIMMAIAH R/AT NO.317 GANGA BHAVANI TEMPLE STREET YELAHANKA, BENGALURU-560 064
PERMANENT ADDRESS:
HALE UPPARAHALLI GOWRIBIDANUR TLAUK CHIKKABALLAPURA DISTRICT-561 208.
…APPELLANT
(BY SRI D.NAGARAJA REDDY, ADVOCATE)
AND:
Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI JANARDHAN REDDY, ADVOCATE FOR R-1; R-2 IS SERVED)
NC: 2024:KHC:10153 MFA No. 438 of 2022
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MV ACT PRAYING TO MODIFY JUDGMENT AND AWARD DATED 12.01.2021 PASSED IN MVC NO.592/2018 BY VII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER, MACT-3, BENGALURU.
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 12.01.2021 passed in MVC.No.592/2018 by the Court of VII Additional Small Causes Judge and ACMM, Member, MACT-3, Bengaluru (for short ‘the tribunal’). The appeal is preferred
on the premise of inadequate and meager compensation awarded by the tribunal.
On 29.11.2017 at about 9.00 p.m., the claimant was
riding a motor cycle bearing registration No.KA-40-S-4750 near Kadalaveni Village, Gowribidanur Taluk,
Chikkaballapura District, at that time, the driver of Ape Auto rickshaw bearing registration No.KA-04-A-6197 drove the same with high speed in a rash and negligent manner without following traffic rules and to avoid ditch/pit in the road, all of a sudden came to its wrong side i.e. right side of the road from opposite direction and dashed against the motor cycle of the claimant. As a result, the claimant was thrown out from the motor cycle and sustained severe injuries. Immediately, he was shifted to Gowribidanur Government Hospital and after first aid, he was shifted to Someshwara Hospital, Gowribidanur and took treatment as an inpatient and then, he was shifted to M.S.Ramaiah Hospital, Bengaluru and in all, he was inpatient for 32 days.
3.1 It is stated that the claimant was hale and healthy prior to the accident and was working as a Mason-
cum-Building Contractor and also doing agriculture and earning Rs.12,000/- per month. Due to the accident, the
NC: 2024:KHC:10153 MFA No. 438 of 2022
claimant sustained amputation of right leg below knee. Hence, he filed a claim petition seeking compensation.
3.2 On service of notice, the respondents appeared through their counsel and filed written statement denying the claim of the claimant including age, avocation, income and negligence attributed against the driver of the offending vehicle and having violated the terms and conditions of the policy, sought for dismissal of the claim petition.
3.3 On the basis of pleadings, the tribunal framed relevant issues for consideration.
3.4 In order to substantiate the issue and to establish the case, the claimant got examined himself as PW.1 and the Doctor as PW.2 and got marked documents from Exs.P1 to P14. On the contrary, the respondents got examined three witnesses as RWs.1 to 3 and got marked documents as Exs.R1 to R5.
NC: 2024:KHC:10153 MFA No. 438 of 2022
3.5 On the basis of material evidence produced by the parties, the tribunal awarded the compensation of Rs.6,83,900/- with interest @ 6% p.a. and directed respondent No.1-Insurance Company to pay the compensation and recover the same from respondent No.2.
3.6 Being aggrieved by the meager compensation amount awarded by the tribunal, the claimant is before this Court seeking enhancement of compensation.
NC: 2024:KHC:10153 MFA No. 438 of 2022
does not call for interference. Hence, he seeks for dismissal of the appeal.
NC: 2024:KHC:10153 MFA No. 438 of 2022
notional income chart of the Legal Services Authority prescribes Rs.11,000/- for the accident of the year 2017 and accordingly, the income is taken as Rs.11,000/-.
opined the disability at 70% to the right lower limb due to the amputation of his leg below knee and the disability at 23.3% to the whole body. The tribunal has accepted the same and taken the disability at 23.3% to the whole body. Considering the disability at 70% to the right lower limb and avocation of the claimant being mason, which involves lower part of the body and the claimant having lost his right leg below knee, it would be difficult for him to perform his mason work, this Court deems it to appropriate to take the disability at 60% to the whole body. This aspect is supported by the decision of the
Hon'ble Apex Court in the case of Mohd.Sabeer v.
Regional Manager, U.P. State Road Trans. Corpn.
reported in 2023 ACJ 1 . In view of this Court taking the disability at 60%, it would be appropriate to add 25% to
the income towards future prospects. Therefore, the claimant would be entitled to Rs.12,87,000/- (Rs.11,000/- + 25% = Rs.13,750/- x 12 x 13 x 60%) towards loss of future income as against Rs.2,90,784/awarded by the tribunal.
NC: 2024:KHC:10153 MFA No. 438 of 2022
enhancing the income from Rs.8,000/- to Rs.11,000/-, the claimant was admitted as an inpatient for 32 days and he would require atleast six months period to recuperate and to get back to his normal day to day activities. Therefore, the claimant would be entitled to Rs.66,000/-
(Rs.11,000/- x 6) under this head.
entitled to a total compensation of Rs.22,23,074/- as
against Rs.6,83,900/- as mentioned in the table below:
| Heads | Amount in Rs. |
|---|---|
| Loss of future income | 12,87,000-00 |
| Pain and agony | 2,00,000-00 |
| Medical expenses | 2,38,074-00 |
| Loss of amenities | 2,00,000-00 |
| Attendant charges and conveyance | 32,000-00 |
| Loss of income during laid up period | 66,000-00 |
NC: 2024:KHC:10153 MFA No. 438 of 2022
| Loss of disability, disfigurement and | 2,00,000-00 |
|---|---|
| purchase of artificial limb | |
| TOTAL | 22,23,074-00 |
ORDER
ii) The judgment and award dated 12.01.2021 passed in MVC.No.592/2018 by the Court of VII Additional Small Causes Judge and ACMM, Member, MACT-3, Bengaluru, is modified;
NC: 2024:KHC:10153 MFA No. 438 of 2022
Sd/JUDGE
LB
List No.: 1 Sl No.: 92
2 issues framed by the court
Whether the compensation awarded by the tribunal was inadequate and required enhancement.
What is the appropriate quantum of compensation considering the disability and special circumstances of the case.
Colour shows how this judgement treated each authority
Mohd. Sabeer v. Regional Manager, U.P. State Road Trans. Corpn.Applied¶52
Mohd. Sabeer v. Regional Manager, U.P. State Road Trans. Corpn., 2023 ACJ 1
Sri Jayanna T.
Tata AIG General Insurance Company Ltd.
Mr. Vijay V. Major
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
