Partly allowed

Mr Basavaraj Mankani @ v. National Insurance Co. Ltd.

Karnataka HC13 Sept 2024MFA/5202/2018

Case brief

AI extract

What is this about?

Appeal under Section 173(1) of Motor Vehicles Act challenging compensation award in motor accident claims. High Court enhanced compensation from Rs.8,19,500 to Rs.10,09,700 by revising disability percentage and increasing awards for pain/suffering, amenities, and future medical expenses.

What did the court decide?

Compensation enhanced from Rs.8,19,500 to Rs.10,09,700 with interest; Insurance Company directed to deposit amount within six weeks.

Mr Basavaraj Mankani @ Vs National Insurance Co. Ltd. — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:37727 MFA No. 5202 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 5202 OF 2018 (MV)

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BETWEEN:

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MR BASAVARAJ MANKANI @ @ BASAVARAJ @ BASAVARAJU S/O VISHWANTH M AGED ABOUT 33 YEARS R/AT NO.19-374/6, GOWRI NIVASA BIJAPURA COLONY K.S.RAO NAGAR, KARNAD VILLAGE MULKY, MANGALURU-574154.

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…APPELLANT

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(BY SRI. GURUPRASAD B R.,ADVOCATE)

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AND:

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NATIONAL INSURANCE CO LTD LOCAL OFFICE, BHARATH BUILDING 3RD FLOOR, P.M. RAO ROAD MANGALURU-575001 REPRESENTED BY ITS MANAGER.

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Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA

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NAVAYUG ENGG. CO.LTD., KOLKEBAIL COMPOUND BRAHMAVAR, BARKUR ROAD GUDDIANGADI, YADTHADY POST UDUPI DISTRICT-576210.

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…RESPONDENTS (BY SRI.A.N.KRISHNA SWAMY., ADVOCATE FOR R1: NOTICE TO R2 IS DISPENSED WITH V/O DATED: 03.01.2024)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:11.10.2017 PASSED IN MVC NO.299/2016 ON THE FILE OF THE 6TH ADDITIONAL DISTRICT & SESSIONS JUDGE & MACT, D.K,

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2 - NC: 2024:KHC:37727 MFA No. 5202 of 2018

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MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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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

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Act, 1988 (hereinafter referred to as ‘the Act’) has been filed by the claimant challenging by the judgment dated 11.10.2017 passed by MACT, D.K.Mangaluru in MVC No.299/2016.

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Facts giving rise to the filing of the appeal briefly stated are that on 02.11.2015 when the claimant was proceeding on motorcycle bearing registration No.KA-19EF-9062 near Navayuga Camp, Kanchinadka, Nadsal Village, Udupi, at that time, pick up vehicle bearing registration No.KA20-P-3512 being driven by its driver at a high speed and in a rash and negligent manner, dashed to

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3 - NC: 2024:KHC:37727 MFA No. 5202 of 2018

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the vehicle of the claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.

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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 No.2

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appeared through counsel and filed written statement denying the averments made in the claim petition. The respondent No.1, despite service of notice, did not appear before the Tribunal and was placed ex-parte.

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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 Tribunal, by impugned judgment and

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4 - NC: 2024:KHC:37727 MFA No. 5202 of 2018

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award has partly allowed the claim petition and held that the claimant is entitled to a compensation of Rs.819,500/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.

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The learned counsel for the claimant has raised the following contentions:

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a) The claimant has examined the doctor as PW-3. The Tribunal undervalued the claimant's whole-body disability at 8%, contradicting the evidence of the doctor that the claimant suffered 32% disability to particular limb.

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b) Due to the accident, the claimant has sustained grievous injuries. He was treated as inpatient for a period of 31 days. 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 overall compensation awarded by the Tribunal is on the lower side.

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5 - NC: 2024:KHC:37727 MFA No. 5202 of 2018

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With the above contentions, the learned counsel

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sought to allow the appeal.

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On the other hand, the learned counsel for the Insurance Company has raised the following countercontentions:

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a) The Tribunal considering the injuries sustained by the claimant and evidence of the doctor, has rightly assessed the whole body disability at 8%.

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b) Considering the injuries sustained by the claimant and considering the age and avocation of the claimant, the overall compensation awarded by the Tribunal is just and reasonable and it does not warrant interference.

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With the above contentions, the learned counsel sought to dismiss the appeal.

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

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6 - NC: 2024:KHC:37727 MFA No. 5202 of 2018

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It is not in dispute that the claimant has sustained

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injuries in the road traffic accident occurred on 02.11.2015 due to rash and negligent driving of the offending vehicle by its driver.

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The Tribunal considering the age, avocation of the claimant and income tax returns and statement of income produced by the claimant has rightly taken the income of the claimant at Rs.20,000/- p.m.

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As per wound certificate, the claimant has sustained multiple injuries and fractures. Taking into consideration the deposition of the doctor and injuries mentioned in the wound certificate, the whole body disability can be taken at 11%. The claimant is aged about 31 years at the time

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of the accident and multiplier applicable to his age group is ‘16’. Thus, the claimant is entitled for compensation of Rs.4,22,400/- (Rs.20,0001216*11%) on account of 'loss of future income'.

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7 - NC: 2024:KHC:37727 MFA No. 5202 of 2018

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The claimant was hospitalized as an inpatient for more than 31 days 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 as well as the permanent disability certified by the doctor,

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I am inclined to enhance the compensation awarded by the Tribunal under the head of 'pain and sufferings' from Rs.60,000/- to Rs.90,000/-. under the head of 'loss of amenities' from Rs.10,000/- to Rs.40,000/- and under the head of 'future medical expenses' from Rs.20,000/- to

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Rs.35,000/-.

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Considering the nature of injuries, the compensation

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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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8 - NC: 2024:KHC:37727 MFA No. 5202 of 2018

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Compensation under different Heads	As awarded by the Tribunal (Rs.)	As awarded by this Court (Rs.)
Pain and sufferings	60,000	90,000
Medical expenses	336,300	336,300
Food, nourishment, conveyance and attendant charges	46,000	46,000
Loss of income during laid up period	40,000	40,000
Loss of amenities	10,000	40,000
Loss of future income	307,200	422,400
Future medical expenses	20,000	35,000
Total	819,500	10,09,700

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In the result, the following order is passed:

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ORDER

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a) The appeal is allowed in part .

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b) The judgment of the Claims Tribunal is modified.

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c) The claimant is entitled to a total compensation of Rs.10,09,700/-.

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9 - NC: 2024:KHC:37727 MFA No. 5202 of 2018

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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 copy of this judgment.

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e) In view of the order dated 03.01.2024 passed by this Court, the claimant is not entitled to interest on the enhanced compensation for the delayed period of 153 days in filing the appeal.

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Sd/(H.T. NARENDRA PRASAD) JUDGE

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List No.: 1 Sl No.: 63

Mr Basavaraj Mankani @ v. National Insurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

Mr Basavaraj Mankani @ v. National Insurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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