Claimant injured in a car accident sought enhancement of motor accident compensation. The court added 25% future prospects to income, enhanced loss of income during laid-up period, and awarded attendant charges for life, enhancing total compensation.
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:10920 MFA No. 5871 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH, 2024 BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO.5871 OF 2023 (MV-I)
BETWEEN:
SMT.SUDHAMANI K.S. @ SUDHA W/O.SHIVASHANKAR G.B. AGED ABOUT 47 YEARS R/AT BELAVANUR VILLAGE NEAR RICE MILL DAVANAGERE
…APPELLANT
(BY SRI RAGHU R., ADVOCATE)
AND:
Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH
Location: HIGH COURT OF KARNATAKA
R/AT NAVILEHALU VILLAGE
CHANNAGIRI TALUK DAVANAGERE-577 001
…RESPONDENTS
(BY SRI ANUP SEETHARAMA RAO FOR SRI B.C.SEETHARAMA RAO, ADVOCATES FOR R-2; NOTICE TO R-1 IS DISPENSED V/O. DATED 29.08.2023)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 13.01.2023 PASSED IN MVC.NO.185/2021 BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MEMBER, MACT-IV AT DAVANAGERE.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred by the appellant-claimant challenging the judgment and award dated 13.01.2023 passed in MVC.No.185/2021 by the Court of Principal Senior Civil Judge and CJM, Member, MACT-IV at Davanagere (for short ‘the tribunal’). The appeal is preferred on the premise of inadequate and meager compensation awarded by the tribunal.
On 13.12.2020, the claimant along with her family
members was going to Chikkamagaluru to attend the function of their relative in a car bearing registration
No.KA-17-Z-7436 and while they were returning on 14.12.2020 near Bukka Sagara Gate, Kadur Taluk, at about 1.40 p.m., the driver of the car drove the same in a rash and negligent manner with high speed and suddenly applied brake. Due to this impact, the car turtled down and finally, hit another car bearing registration No.KA04/Z-4926, resulting in the accident. The claimant sustained grievous injuries and she was immediately shifted to Max Hospital, Shivamogga and thereafter, shifted to Sparsha Hospital, Bengaluru.
4.1 It is stated that the claimant was hale and
healthy prior to the date of accident and she was doing tailoring work and helping in agricultural work and earning a sum of Rs.30,000/- per month. Due to the injuries sustained and permanent physical disability suffered, the claimant filed a claim petition seeking compensation.
4.2 On service of notice, respondents appeared filed
the written statement denying the claim of the claimant including age, avocation, income and negligence attributed
against the rider of the offending car and sought for dismissal of the claim petition.
4.3 On the basis of pleadings, the tribunal framed relevant issues for consideration.
4.4 In order to substantiate the issue and to establish the case, the claimant got examined herself as PW.1 and the Doctor as PW.2 and got marked documents from Exs.P1 to P22. On the contrary, respondents have not examined any witness, however, got marked two documents as Exs.R1 and R2.
4.5 On the basis of material evidence produced by
the parties, the tribunal awarded the compensation of Rs.43,85,920/- with interest @ 6% p.a. and directed respondent No.2-Insurance Company to pay the compensation within 30 days.
4.6 Being aggrieved by the inadequate compensation amount awarded by the tribunal, the claimant is before this Court seeking enhancement of compensation.
P8, the Police records clearly depict filing of FIR and laying of chargesheet against the driver of the offending car, which is not disputed or questioned. Hence, the negligence is rightly attributed as against the driver of the offending car. Exs.P9 to P22, the medical records clearly depict the magnitude of the injuries suffered and amount expended towards treatment by the claimant.
Doctor has opined that both lower limbs of the claimant have become weak and she needs attendant for remaining part of her life, the disability has to be taken at 100%. He also contends that the future prospects requires to be awarded by this Court, which has not been awarded by the tribunal, so also, he contends that an attendant is required for the claimant throughout her life and attendant charges would have to be awarded, which also has been ignored by the tribunal. Hence, this Court deems it appropriate to award 25% towards future prospects and to grant compensation towards attendant charges. Therefore, the claimant would be entitled to Rs.30,45,000/- (Rs.14,500/-+25% = Rs.18,125/- x 12 x 14) towards loss of future earning capacity as against Rs.22,16,760/awarded by the tribunal.
of amenities, which does not call for interference and the same is retained.
claimant for the remaining part of her life. In view of the disability of more than 90% suffered by the claimant, what would be the amount that requires to be awarded towards attendant charges. Since the income of Rs.14,500/cannot be taken, this Court deems it appropriate to take a reasonable amount of Rs.8,000/- per month and apply the same multiplier at '14'. Therefore, the claimant would be entitled to Rs.13,44,000/- (Rs.8,000/- x 12 x 14) towards attendant charges.
entitled to a total compensation of Rs.66,28,511/- as against Rs.43,85,920/- as mentioned in the table below:
| Heads | Amount in Rs. |
|---|---|
| Loss of future earning capacity | 30,45,000-00 |
| Pain and suffering | 6,00,000-00 |
| Loss of amenities | 50,000-00 |
| Food, nourishment and attendant | 40,000-00 |
| Loss of income during laid up period | 72,500-00 |
| Medical expenses | 14,27,081-00 |
| Follow-up treatment | 50,000-00 |
| Attendant charges | 13,44,000-00 |
| TOTAL | 66,28,581-00 |
NC: 2024:KHC:10920 MFA No. 5871 of 2023
ORDER
ii) The judgment and award dated 13.01.2023 passed in MVC.No.185/2021 by the Court of Principal Senior Civil Judge and CJM, Member, MACT-IV at Davanagere, is modified;
iv) The enhanced compensation amount shall be paid with interest @ 6% p.a. by respondent No.2-Insurance Company within a period of six weeks from the date of receipt of a copy of this order;
NC: 2024:KHC:10920 MFA No. 5871 of 2023
vi) All other terms and conditions stipulated by the tribunal shall stand intact.
Sd/JUDGE
LB
List No.: 1 Sl No.: 74
1 issue framed by the court
Whether the compensation awarded by the tribunal was inadequate, particularly regarding future prospects and attendant charges for a claimant with 91% disability?
1 provisions across 1 enactments
Smt. Sudhamani K.S. @ Sudha
Darshan A.R.
The Claims Manager, IFFCO-Tokio General Insurance Co. Ltd.
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
