Claimant appeal seeking enhancement of motor accident compensation for below-knee amputation and 45% whole body disability. Court added loss of future income of Rs.2,56,500 using multiplier 5 and enhanced several heads, raising total compensation from Rs.5,17,896 to Rs.8,18,896 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 27TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 8948 OF 2018 (MV)
BETWEEN:
SRI. PUTTANNAIAH. R S/O. RACHAIAH, AGED ABOUT 72 YEARS, R/AT NO.10, 2ND STAGE, 2ND PHASE, GAYATHRIPURAM, BENGALURU-560 019.
…APPELLANT
(BY SRI. GURUDEV PRASAD K T.,ADVOCATE)
AND:
Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI.ANUP SEETHARAM RAO.,ADVOCATE FOR SRI. B.C. SEETHARAMA RAO, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH VIDE
ORDER DATED 23.18.2024)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.09.2017 PASSED IN MVC NO.5544/2015 ON THE FILE OF THE 10TH ADDITIONAL SMALL JUDGE, COURT OF SMALL CAUSES, MACT, BENGALURU (SCCH16), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL JUDGMENT
stated are that on 19.11.2015 at about 2.15pm., when the
claimant was standing on the road near BBMP Office premises, a car bearing registration No.KA-02-ME-5406 being driven by its driver at a high speed and in a rash and negligent manner, dashed against the claimant. Consequently, the claimant sustained grievous injuries and was hospitalized.
a) Firstly, the claimant has contended that due to the accident the claimant has suffered grievous injury and his left leg below knee has been amputated. Dr.Krishan Prasad has been examined as PW.2. In his evidence, the doctor has deposed that the claimant has suffered whole body disability at 45%. The Tribunal has granted Rs.2,00,000/- towards disablement, which is on the lower side. It would affect his avocation to some extent. But no compensation has been awarded for 'loss of future income'.
b) Secondly, it is contended that due to the accident, the claimant has sustained grievous injuries. He was treated as inpatient for a period of 55 days. He has suffered lot of pain during treatment. Considering the evidence of the doctor and the injury suffered by the claimant, the compensation awarded by the Tribunal under the heads of 'loss of amenities', 'pain and sufferings', 'future medical expenses' and other incidental expenses are on the lower side.
With the above contentions, the learned counsel sought to allow the appeal.
a) Firstly, it is contended that at the time of accident, the claimant was aged 69 years. The accidental injury does not affect his avocation and he has not produced any document to show that he has been removed from service. Therefore, the compensation awarded by the Tribunal towards disablement is just and reasonable.
b) Secondly, it is contended that considering the evidence of the doctor and the injury suffered by 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.
c) Thirdly, insofar as future medical expenses is concerned, it is contended, even though the doctor has deposed that the claimant requires prosthesis which costs Rs.4,00,000/- and surgery for removal of implants, no document has been produced as of today.
d) Lastly, in the light of the Division Bench decision of this Court in the case of Ms.Joyeeta Bose and others – v- Venkateshan.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.
due to rash and negligent driving of the offending vehicle
by its driver. He has examined the doctor who has deposed that the claimant's left leg below knee has been amputated and he has suffered whole body disability at 45%. The Tribunal, after considering the evidence of the doctor and the injuries suffered by the claimant, has given a clear finding that the disability undoubtedly would affect his avocation to some extent. Considering the evidence of the doctor and the injury suffered by the claimant, I am of the opinion that the claimant is entitled for loss of future income and that the whole body disability assessed by the doctor has to be considered. Therefore, the whole body disability is assessed at 45%.
NC: 2024:KHC:34279 MFA No. 8948 of 2018
the claimant has not produced any documents before this Court to show that he has undergone any surgery. Therefore, the compensation awarded by the Tribunal for future medical expenses is just and reasonable.
| Compensation under different Heads |
As awarded by the Tribunal (Rs.) |
As awarded by this Court (Rs.) |
|---|---|---|
| Pain and sufferings | 1,00,000 | 1,00,000/- |
| Medical expenses | 33,896 | 33,896/- |
| Food, nourishment, conveyance and attendant charges |
56,000 | 66,000/- |
| Loss of income during laid up period |
38,000 | 47,500/- |
|---|---|---|
| Loss of amenities | 30,000 | 55,000/- |
| Loss of future income | Nil | 2,56,500/- |
| Future medical expenses | 60,000 | 60,000/- |
| Towards disablement | 2,00,000 | 2,00,000/- |
| Total | 5,17,896 | 8,18,896/- |
ORDER
NC: 2024:KHC:34279 MFA No. 8948 of 2018
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. However, interest shall not be applicable to the compensation awarded under the heard 'future medical expenses.'
f) In view of the order dated 27.08.2024 passed by this Court, the claimant is not entitled to interest on the enhanced compensation for the delayed period of 284 days in filing the appeal.
Sd/(H.T. NARENDRA PRASAD) JUDGE
NV
2 issues framed by the court
Whether the claimant injured in a 2015 road accident was entitled to enhancement of compensation awarded by the MACT, including loss of future income for 45% whole body disability.
At what rate interest should apply to the enhanced compensation.
Colour shows how this judgement treated each authority
Ms.Joyeeta Bose and others – v- Venkateshan.V and others (MFA 5896/2018 and connected matters disposed of on 24.8.2020)Followed
2 provisions across 1 enactments
Puttannaiah R
United India Insurance Co. Ltd.
A. Mutayeen Salman
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
