Partly allowed

Sri. Girish. G. v. Vs Nishara Public School

Karnataka HC6 Nov 2024MFA/8677/2018

Case brief

AI extract

What is this about?

The High Court allowed the motor accident compensation appeal partly, enhancing the total compensation from Rs.1,50,727/- to Rs.4,34,927/- by awarding amounts for loss of future earnings, loss of amenities, and laid-up period based on a 10% disability, while confirming medical and conveyance expenses.

What did the court decide?

Enhanced total compensation of Rs.4,34,927/- with 6% interest from the date of petition; directed deposit within two months.

Sri. Girish. G. v. Vs Nishara Public School — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:44874 MFA No. 8677 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA MISCELLANEOUS FIRST APPEAL NO. 8677 OF 2018

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(MV-I)

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BETWEEN:

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SRI. GIRISH. G. V. S/O. VEERABHADRAIAH, AGED ABOUT 26 YEARS, GOTTIGEHALLI POST, HAROHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT.

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…APPELLANT

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(BY SRI. UDAYA KUMAR R L., ADVOCATE)

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AND:

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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NISHARA PUBLIC SCHOOL NO.22/3, KANAKAPURA MAIN ROAD, NO. 25/1, 6TH MAIN ROAD, PATTA EDDY PALYA, KAGLIPURA, BENGALURU-560 082.

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…RESPONDENT

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(BY SRI. N.GOPALAKIRHSNA., ADVOCATE)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30/04/2018, PASSED IN MVC NO.6798/2016, ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE & XIX ACMM., MEMBER, MACT, BENGALURU (SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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NC: 2024:KHC:44874 MFA No. 8677 of 2018

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CORAM : HON'BLE MR JUSTICE N S SANJAY GOWDA

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ORAL JUDGMENT

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Being aggrieved by the award of compensation of Rs.1,50,727/-, the claimant is in appeal.

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The accident, which occurred on 16.08.2016, is not in dispute. The liability of the respondent to satisfy the compensation is also not in dispute.

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The Tribunal, on assessment of the evidence, has

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awarded the following sums as compensation:

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Sl. No.	Nature of Heads	Amount (In Rs.)
1.	Pain and suffering	40,000/-
2.	Medical expenses	85,727/-
3.	Conveyance, nourishment and nutritious food	25,000/-
	Total	1,50,727/-

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While awarding the compensation, the Tribunal has refused to award any sum towards loss of future earnings

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on the ground that the claimant was working as an Accountant and he had not produced any documents to

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*Page No.2 retyped & replaced vide Chamber order dated 26.11.2024

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3 - NC: 2024:KHC:44874 MFA No. 8677 of 2018

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show that as a result of injuries, he has become incapable of continuing his employment or that he was terminated from his employment.

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The Tribunal has, however, recorded a finding that,

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as per the wound certificate, discharge summary and other hospital records, the claimant had suffered a blunt fracture of the left vertebra and a fracture to the superior end plate L2, under waist posterior decompression and stabilization. It has also recorded a finding that he was hospitalized at Jayanagar Orthopedic center and underwent surgery.

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The doctor who was examined stated that as a result of the injuries, the claimant had suffered disability to the extent of 15% to the whole body. Though this doctor was not the treating doctor, in my view, it would be appropriate to treat the whole body disability at 10%, having regard to the fact that the claimant had suffered a fracture to his vertebra and underwent surgery.

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4 - NC: 2024:KHC:44874 MFA No. 8677 of 2018

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There is no evidence of the actual income earned by

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the claimant. Hence, sum of Rs.9,500/- determined by the Karnataka State Legal Services Authority for the accident of the year 2016 will have to be adopted. Since the claimant was aged 24 years, a multiplier of ‘ 18’ will have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,05,200/- (Rs.9,500/- x 12 x ‘18’

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x 10%) towards loss of future earnings .

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The Tribunal has awarded a sum of Rs.40,000/towards pain and suffering and has not awarded any sums towards loss of amenities . In my view, it would be appropriate to award a sum of Rs.50,000/- towards pain and suffering and Rs.50,000/- towards loss of

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amenities .

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The sum of Rs.85,727/- awarded towards medical expenses being based on documentary evidence is confirmed.

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5 - NC: 2024:KHC:44874 MFA No. 8677 of 2018

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10. Similarly, sum of Rs.25,000/- awarded towards conveyance, nourishment and other incidental

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expenses being just and proper, is also confirmed.

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The Tribunal has not awarded any sum towards loss

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of income during the laid up period. In my view, it would be appropriate to treat the laid up period as two months and award a sum of Rs.19,000/- [Rs.9,500/- x 2].

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Consequently, the award of the Tribunal is modified

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and the claimant would be entitled to the following compensation:

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Sl. No.	Nature of Heads	As awarded by the Tribunal (In Rs.)	As awarded by this Court (In Rs.)
1.	Pain and sufferings	40,000/-	50,000/-
2.	Loss of future income	Nil	2,05,200/- (Rs.9,500/- x 12 x ‘18’ x 10%)
3.	Medical expenses	85,727/-	85,727/-
4.	Loss of income during the laid up period	Nil	19,000/- [Rs.9,500/- x 2]
	Conveyance, food,
5.	nourishment, attendant charges	25,000/-	25,000/-
6.	Loss of amenities in life	Nil	50,000/-
	Total :	1,50,727/-	4,34,927/-

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6 - NC: 2024:KHC:44874 MFA No. 8677 of 2018

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Thus, the claimant is held entitled to the total

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compensation of Rs.4,34,927/- as against Rs.1,50,727/-, along with interest at the rate of six per cent per annum from the date of petition till its realization.

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The respondent is directed to deposit the amount of compensation awarded within two months from the date of receipt of a certified copy of this judgment .

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The apportionment, deposit and release of the enhanced compensation amount shall be made as per the ratio adopted by the Tribunal.

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The appeal is accordingly allowed in part .

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Sd/(N S SANJAY GOWDA) JUDGE

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CT: SN List No.: 1 Sl No.: 29

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*Page No.6 retyped & replaced vide Chamber order dated 26.11.2024

Sri. Girish. G. v. Vs Nishara Public School

Case brief

What is this about?

What did the court decide?

Sri. Girish. G. v. Vs Nishara Public School

Case brief

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