Claimant injured as pillion rider in a road accident sought enhancement of tribunal award of Rs.13,76,000/-. The High Court raised disability to 59%, income to Rs.9,000/- with 40% future prospects, enhanced loss of future income, pain and suffering, loss of amenities and added legal expenses, totalling Rs.20,65,328/- 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 15TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 8851 OF 2017 (MV-I)
BETWEEN:
VENKOB RAO, S/O RAMACHANDRA RAO, RESIDENT OF KATAMANALLUR VILLAGE, BANGALORE EAST TALUK, BANGALORE - 560 049, SINCE APPELLANT IS UNCONSCIOUS, HENCE REPRESENTED BY HIS WIFE SMT. CHANDRA BAI.
…APPELLANT
(BY SRI. CHETHAN B, ADVOCATE)
AND:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
…RESPONDENTS (BY SRI. RAI S. SAMPRATHI, ADVOCATE FOR R2; VIDE ORDER DATED 03.08.2022 NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.07.2017 PASSED IN MVC NO.153/2016 ON THE FILE OF THE 3RD ADDITIONAL SENIOR CIVIL JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
NC: 2024:KHC:10716 MFA No. 8851 of 2017
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in
M.V.C.No.153/2016 dated 28.07.2017 by the Court of the III Addl. Senior Civil Judge and Motor Accident Claims Tribunal at Bengaluru, the claimant is before this Court seeking enhancement of the compensation.
of an amount of Rs.40,00,000/- with interest for the injuries sustained by the claimant in the road traffic accident.
bearing Reg.No.KA-05-MF-5654 being driven by its driver came in a rash and negligent manner dashed against the said motor bike and caused the accident. Due to the said accident, both the rider and pillion rider sustained injuries. The claimant was admitted to MVJ hospital, Hoskote and he had spent huge amount for the treatment. According to the claimant, he had suffered 100% disability and in support of his case, he had examined doctor wherein the doctor had stated that the claimant had sustained 59.5% disability. The Court below had taken the disability at 50% and income at an amount of Rs.8,000/- and granted the compensation as
per the table given below:
| Heads | C | ompensation Awarded |
|
|---|---|---|---|
| Towards Pain and sufferings | : | Rs. | 50,000/- |
| Towards loss of amenities | : | Rs. | 50,000/- |
| Towards Nourishment, conveyance and attendant charges |
: | Rs. | 25,000/- |
| Towards medical expenses | : | Rs. | 3,88,000/- |
| Towards loss of future income | : | Rs. | 7,68,000/- |
| Towards loss of income of attendant of petitioner during laid up period and rest period of |
: | Rs. | 45,000/- |
NC: 2024:KHC:10716 MFA No. 8851 of 2017
| petitioner | |||
|---|---|---|---|
| Towards future medical expenses | : | Rs. | 50,000/- |
| Total | 13,76,000/- |
appellant/claimant submits that when the doctor had deposed that the claimant had sustained 59.5% disability and he is only able to tell his name and he is not even in a
position to identify the people, the Court below ought to have taken 59.5% as disability. It is further submitted that when it is the case of the claimant that he is earning an amount of Rs.20,000/-, the Court below had taken only an amount of Rs.8,000/- which is on the lower side. He further submits that under the head of pain and sufferings and loss of amenities, the Court below had not granted reasonable compensation.
Company submits that the Court below had considered the
evidence of the doctor and considered the disability at 50% which is correct. It is submitted that the income is taken at an amount of Rs.8,000/- as no evidence is adduced by the claimant. It is submitted that on all the heads, already the Court below had granted the amounts which are on higher side and no enhancement is required and no grounds are made out seeking enhancement of the compensation.
to the income of the claimant, as rightly pointed out by the learned counsel for the respondent, there is no evidence on record to prove that claimant is earning an amount of Rs.20,000/- per month. The Court below had taken an amount of Rs.8,000/- as his income. Considering the chart prepared by the Karnataka Legal Services Authority on the notional income and the accident is of the year 2015, this Court is taking the income of the claimant at Rs.9,000/- per month. The claimant had sustained 59% disability. Hence, he is entitled for 40% future prospectus i.e.,Rs.3,600/-. Then, it comes to Rs. 12,600/-. (Rs.9000+Rs.3,600/-) Therefore, this Court is granting an amount of Rs.14,27,328/- (12,600 X 12 X 16 X 59%) towards loss of future income. Then coming to the pain and sufferings , considering the head injury, this Court is granting an amount of Rs.60,000 /-. Considering the disabilities, this Court is granting an amount of Rs.60,000/- towards loss of amenities . Towards nourishment, conveyance, attendant charges, medical expenses, and loss of income during the laid up period and
loss of future income, the Court below had rightly granted
the compensation and no interference is called for.
compensation under the following heads:
| Sl.No | Compensa | tion Head | Amount Awarded by the Tribunal (`) |
Amount awarded by this Court (`) |
|---|---|---|---|---|
| 1 | Towards sufferings |
Pain and |
50,000/- | 60,000/- |
| 2 | Towards amenities |
loss of |
50,000/- | 60,000/- |
| 3 | Towards conveyanc attendant |
Nourishment, e and charges |
25,000/- | 25,000/- |
| 4 | Towards expenses |
medical | 3,88,000/- | 3,88,000/- |
1 (2014) 11 SCC 178
| 5 | Towards loss of future income |
7,68,000/- | 14,27,328/- |
|---|---|---|---|
| 6. | Towards loss of income of attendant of petitioner during laid up period and rest period of petitioner |
45,000/- | Rs.45,000 |
| 7 | Towards future medical expenses |
50,000/- | 50,000/- |
| 8. | Legal expenses | - | 10,000/- |
| Total | 13,76,000 | 20,65,328/- |
allowed-in-part by enhancing the compensation from an
amount of Rs.13,76,000/- to Rs.20,65,328/- setting aside the award passed in M.V.C.No.153/2016 dated 28/07/2017.
deposit the amount within a period of eight weeks from the date of receipt of copy of the
judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security.
iii. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.
Pending miscellaneous petitions, if any, shall stand closed.
SD/JUDGE
JS List No.: 1 Sl No.: 22 CT: BHK
2 issues framed by the court
Whether the tribunal's assessment of disability at 50% and income at Rs.8,000/- should be enhanced in computing compensation.
What total compensation and legal expenses the claimant is entitled to under each head.
Colour shows how this judgement treated each authority
V. Mekala vs. M. Malathi and AnotherApplied¶7
(2014) 11 SCC 178 · Who else cites this
1 provisions across 1 enactments
Venkob Rao (represented by wife Chandra Bai)
Girish Swamy
Royal Sundaram Alliance Ins. Co. Ltd.
Lalitha Kanneganti
As recorded by the court registry
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