Claimant appeal seeking enhancement of motor accident compensation after a motorcycle collision caused forearm fractures. The High Court reassessed notional income at Rs.9,000 p.m., took whole-body disability at 14%, enhanced several heads, and awarded Rs.403,660 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 5679 OF 2019 (MV)
BETWEEN:
PUNITH KUMAR B G S/O GANGADHARAPPA B G AGED ABOUT 25 YEARS R/AT NO.181, SLIG-16 4TH PHASE, YALAHANKA NEW TOWN BENGALURU-560 064
…APPELLANT
(BY SRI. SHANTHARAJ K.,ADVOCATE)
AND:
Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. NAGARAJAIAH K.,ADVOCATE FOR R1: NOTICE TO R2 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:04.01.2017 PASSED IN MVC NO.5410/2015 ON THE FILE OF THE PRINCIPAL MACT, MEMBER, BENGALURU, (SCCH-1), PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL JUDGMENT
No.5410/2015.
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 riding of the offending vehicle by its rider.
through counsel and filed written statement denying the averments made in the claim petition.
account of rash and negligent riding of the offending vehicle by its rider, as a result of which, the claimant sustained injuries. The Tribunal further held that the claimant is entitled to a compensation of Rs.260,500/along with interest at the rate of 9% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. Being aggrieved, the present appeal has been filed.
a) Firstly, the claimant asserts that he was earning Rs.10,500/- per month by working as Part Time Medical representative. However, the Tribunal has erred in taking the income as merely as Rs.7,500/- per month.
b) Secondly, the claimant has examined the doctor as PW-2. The Tribunal undervalued the claimant's whole-body disability at 10%, contradicting the evidence of the doctor that the claimant suffered 32% disability to particular limb and 16% to whole body.
c) Lastly, due to the accident, the claimant has sustained grievous injuries. He was treated as inpatient for a period of 3 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 compensation awarded by the Tribunal under the heads of 'loss of amenities', 'pain and sufferings' and other incidental expenses are on the lower side.
With the above contentions, the learned counsel sought to allow the appeal.
Insurance Company has raised the following countercontentions:
a) Firstly, the assertion of claimant that he was earning Rs.10,500/- per month, remains unsubstantiated due to lack of documentary evidence. In the absence of proof of income, the Tribunal has assessed the income of the claimant notionally.
b) Secondly, the Tribunal considering the injuries sustained by the claimant and evidence of the doctor, has rightly assessed the whole body disability at 10%.
c) Thirdly, 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.
d) Lastly, in light of the Division Bench decision of this Court in the case of Ms.Joyeeta Bose and others –vVenkateshan.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.
With the above contentions, the learned counsel sought to dismiss the appeal.
NC: 2024:KHC:34388 MFA No. 5679 of 2019
disability can be safely taken at 14%. The claimant is aged about 22 years at the time of the accident and multiplier applicable to his age group is ‘18’. Thus, the claimant is entitled for compensation of Rs.272,160/- (Rs.90001218*14%) on account of 'loss of future income'.
during laid up period’ is just and reasonable.
from Rs.20,000/- to Rs.40,000/- .
| Compensation under different Heads |
As awarded by the Tribunal (Rs.) |
As awarded by this Court (Rs.) |
|---|---|---|
| Pain and sufferings | 40,000 | 50,000 |
| Medical expenses | 3,500 | 3,500 |
| Food, nourishment, conveyance and attendant charges |
5,000 | 8,000 |
|---|---|---|
| Loss of income during laid up period |
30,000 | 30,000 |
| Loss of amenities | 20,000 | 40,000 |
| Loss of future income | 162,000 | 272,160 |
| Total | 260,500 | 403,660 |
ORDER
Court in the case of ‘MS.JOYEETA BOSE’ (supra) , the enhanced compensation shall carry interest at 6% per annum.
NC: 2024:KHC:34388 MFA No. 5679 of 2019
date of realization, within a period of six weeks from the date of receipt of copy of this judgment.
Sd/(H.T. NARENDRA PRASAD) JUDGE
DM List No.: 1 Sl No.: 24
3 issues framed by the court
What notional income and disability percentage should be used to compute loss of future income for the injured claimant?
Whether compensation under heads such as pain and suffering, loss of amenities and attendant charges should be enhanced?
At what rate of interest should the compensation carry, per the Joyeeta Bose decision?
Colour shows how this judgement treated each authority
Ms.Joyeeta Bose and others –v- Venkateshan.V and othersFollowed¶17
MFA 5896/2018 and connected matters disposed of on 24.8.2020
2 provisions across 1 enactments
Punith Kumar B G
United India Insurance Company Limited
Ilayaraja K
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
