Allowed

Sri M.B Mahalingappa v. Sri G Shivashankar

Karnataka HC6 Mar 2024MFA/4493/2014

Case brief

AI extract

What is this about?

Claimant injured in a bus accident appealed for enhancement of the Tribunal's compensation award. The High Court enhanced amounts under several heads using the Legal Service Authority chart and a multiplier, awarding total compensation of Rs.1,50,000/- with 6% interest.

What did the court decide?

Enhanced compensation of Rs.41,400/- plus 6% interest from date of claim petition; judgment modified; insurer to deposit within two months.

Sri M.B Mahalingappa Vs Sri G Shivashankar — Insurance | Karnataka HC (2024)

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NC: 2024:KHC:9603 MFA No. 4493 of 2014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL NO. 4493 OF 2014 (MV)

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BETWEEN:

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SRI.M.B.MAHALINGAPPA S/O BHADRAPPA, AGED ABOUT 32 YEARS, MASON WORK, A.K. BY CASTE, R/AT MYADANAHALLY VILLAGE, HIRIYUR TALUK, CHITRADURGA DISTRICT - 577 101.

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…APPELLANT

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(BY SRI. GANAPATHI BHAT., ADVOCATE)

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AND:

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SRI.G.SHIVASHANKAR, S/O.PURANDARAPPA, AGE: MAJOR, OWNER OF THE BUS BEARING REGISTRATION NO.KA-06-C-2786, R/AT KALIDASA NAGARA, SIRA TOWN, TUMKUR DISTRICT - 572 137.

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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THE BRANCH MANAGER, BRANCH OFFICE, NEW INDIA ASSURANCE CO., LTD., B.H.ROAD, TUMKUR - 572 102.

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…RESPONDENTS

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(BY SRI. VIJAYA CHANDRA NAYAK., ADVOCATE FOR R1; SMT. ARUNA.Y., ADVOCATE FOR R2)

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NC: 2024:KHC:9603 MFA No. 4493 of 2014

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:07.02.2014 PASSED IN MVC NO.49/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, MEMBER, ADDITIONAL MACT, HIRIYUR.

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THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Sri.Ganapathi Bhat., learned counsel for the appellant has appeared in person.

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Smt.Aruna.Y., learned counsel for respondent No.2. has appeared through video conferencing.

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Though the appeal is listed today for admission, with the consent of learned counsel for the respective parties, it is heard finally.

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For the sake of convenience, the parties shall be referred to as per their status and rankings before the Tribunal.

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It is the case of the claimant that on the 9^th day of October, 2009 at about 7:30 p.m., he was traveling in a bus bearing Registration No.KA-06-C-2786 as a passenger. The bus

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NC: 2024:KHC:9603 MFA No. 4493 of 2014

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came in front of Halu Utpadakara Sahakara Sangha, near Ranganathapura Cross, Hiriyur Taluk, the driver of said bus drove the same in a rash and negligent manner and suddenly took a turn as a result of which claimant fell down and sustained severe injuries. Since there was no facility to go to the hospital, he went to the hospital on the next day i.e., on 10.10.2009 and took treatment as an in-patient for a period of fifteen days. Contending that the accident occurred due to the rash and negligent driving of the bus, the claimant filed the claim petition seeking compensation.

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In response to the notice, the first respondent did not appear before the Tribunal and hence, he was placed ex-parte . The second respondent - Insurance Company appeared through its counsel and filed written statement and denied the petition averments. Among other grounds, it prayed for dismissal of the petition.

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Based on the above pleadings, the Tribunal framed Issues. The parties led evidence and marked the documents. The Tribunal vide Judgment dated:07.02.2014 allowed the petition in part. It is this Judgment that is called into question

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NC: 2024:KHC:9603 MFA No. 4493 of 2014

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in this appeal on several grounds as set-out in the Memorandum of appeal.

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Learned counsel for the appellant submits that the Judgment of the Tribunal is contrary to the evidence on record and law.

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Next, he submits that the Tribunal has erred in awarding a sum of Rs.20,000/- (Rupees Twenty Thousand only) towards pain and suffering.

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A further submission is made that the Tribunal has erred in awarding meagre amount under different heads.

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Lastly, he submits that the Tribunal has erred in awarding meagre compensation of Rs.1,08,600/- (Rupees One lakh Eight Thousand and Six Hundred only) with interest at 6% per annum. Therefore, he submits that the award of the Tribunal requires interference and accordingly, prayed to allow the appeal.

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Learned counsel for the Insurance company justified the Judgment of the Tribunal. He submit that the appeal is devoid of merits and the same may be dismissed.

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NC: 2024:KHC:9603 MFA No. 4493 of 2014

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Heard, the contentions urged on behalf of the respective parties and perused the appeal papers and also the records with utmost care.

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The point that would arise for consideration is whether the Claimant is entitled for enhanced compensation?

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The facts are sufficiently stated and do not require reiteration. The Claimant's appeal is one for enhancement of compensation and modification of the judgment. The grounds urged in the present appeal are mainly relating to the meager compensation awarded under different heads by the Tribunal. The Claimant has suffered pain and agony owing to the injuries sustained in the accident in question. Hence, this Court deems it appropriate to award Rs.35,000/- (Rupees Thirty Fifty Thousand only) towards pain and sufferings as against Rs.20,000/- (Rupees Twenty Thousand only) awarded by the Tribunal.

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The amount of Rs.2,000/- (Rupees Two Thousand only) towards Medical expenses awarded by the Tribunal remains intact.

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NC: 2024:KHC:9603 MFA No. 4493 of 2014

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This Court deems it appropriate to award Rs.11,000/(Rupees Eleven Thousand only) towards attendant charges, traveling expenses and future medical expenses as against Rs.5,000/- (Rupees Five Thousand only);

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It is noticed that the Tribunal has awarded compensation of Rs.81,600/- (Rupees Eighty One Thousand Six Hundred only) towards Loss of future income due to disability. It is contended that the claimant was working as Coolie and earning a sum of Rs.6,000/- (Rupees Six Thousand only) per month. However, there is no proof of income. In the absence of any proof of income, the chart prepared by the Legal Service Authority must be taken into consideration. As per the chart, if the accident is occurred in the year 2009, the salary of the injured must be taken as Rs.5,000/- (Rupees Five Thousand only) per month. The age of the claimant was 30 years as on the date of accident, hence the multiplier 17 is to be adopted. It is said that the claimant has suffered total disability of 10%. Hence, the amount towards Loss of future income due to disability is calculated as under:

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Rs.5,000/- X 12 X 17 X 10/100 = Rs.1,02,000/-.

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7 - NC: 2024:KHC:9603 MFA No. 4493 of 2014

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7. Accordingly, this Court re-determines the

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compensation as under:-

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1.	Pain and Sufferings	20,000+ 15,000	Rs.35,000/-
2.	Loss of future income due to disability	1,02,000	Rs.1,02,000/-
3.	Medical expenses	2,000	Rs.2,000/-
4.	Attendant charges, traveling expenses and future medical expenses	5,000 +6,000	Rs.11,000/-
		Total:	Rs.1,50,000/-
	(Less) Compensation	awarded by the Tribunal:	-Rs.1,08,600/-
	Enhanced compensa	tion awarded by this Court:	Rs.41,400/-

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Having regard to the facts and circumstances of the case

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and the prevailing rate of interest during the relevant time, this Court deems it appropriate to award interest at the rate of 6% per annum on the enhanced compensation amount from the date of claim petition till realization.

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NC: 2024:KHC:9603 MFA No. 4493 of 2014

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8. Hence, the following:

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ORDER

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The Miscellaneous First appeal is allowed and the Judgment dated:07.02.2014 passed by the Senior Civil Judge and Addl. MACT, Hiriyur in M.V.C No.49/2012 is modified to the extent stated hereinabove.

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The claimant is entitled for the enhanced

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compensation of Rs.41,400/- (Rupees Forty One Thousand and Four Hundred only) with interest at the rate of 6% per annum from the date of the claim petition till the date of realization.

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The second respondent - Insurance Companies shall deposit the enhanced compensation amount along with 6% interest within a period of two months from the date of receipt of the certified copy of this Judgment.

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The Registry to draw the modified award

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accordingly.

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NC: 2024:KHC:9603 MFA No. 4493 of 2014

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5. Office is directed to transmit the original

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records to the concerned Tribunal forthwith.

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Sd/JUDGE

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MRP List No.: 1 Sl No.: 25

Sri M.B Mahalingappa v. Sri G Shivashankar

Case brief

What is this about?

What did the court decide?

Sri M.B Mahalingappa v. Sri G Shivashankar

Case brief

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What did the court decide?

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