Chidanandamurthy @ Chidananda Vs Manjunatha Maruthi Bevooru

CHIDANANDAMURTHY @ CHIDANANDA CHIDANANDASWAMY G D S/O DHARANESHWARAIAH AGED ABOUT 28 YEARS AGRICULTURIST AND DAIRY FARM R/O GIRIYAPURA VILLAGE SHIVANI HOBLI, TARIKERE TALUK CHIKKAMAGALURU DISTRICT PIN CODE - 577 228.

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…APPELLANT

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(BY SRI. CHANDRASHEKAR P PATIL.,ADVOCATE)

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AND:

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Digitally signed by VANAMALA N

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Location: High Court of Karnataka

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MANJUNATHA MARUTHI BEVOORU S/O MARUTHI BEVOORU DRIVER OF INNOVA CAR REGISTRATION NO KA.02/D-1860 AGED ABOUT 32 YEARS R/O HOUSE OF NAVALURU CHAVANI, VITALANAGARA NAVALURU DHARAVADA - 580 002.

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MAHANTHESHA S/O BASAVARAJ SHETTANNAVAR OWNER OF INNOVA CAR REGISTRATION NO KA.02/D-1860 AGED ABOUT 38 YEARS

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NC: 2025:KHC:27675-DB MFA No. 7565 of 2023

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HC-KAR

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R/O NEAR KULAKARNI TRAVEL MARUTHI TEMPLE SARASWTHIPURA DHARAVADA - 580 002.

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THE NEW INDIA ASSURANCE CO LTD BRANCH OF DHARAVADA BY ITS MANAGER PIN CODE 580 002.

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ADAVAPPA B MASURU S/O BASVARAJ MINOR REPRESENTED BY HIS NATURAL GUARDIAN HIS FATHER ADAVAPPA B MASURU R/AT MASURU NILAYA RAJATHGIRI CROSS KALLAGHATAGI ROAD DHARWAD - 580001.

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…RESPONDENTS

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(BY SRI.A.R. LAKSHMINARAYANA., ADVOCATE FOR R3; NOTICE TO R1, R2 & R4 ARE DISPENSED WITH)

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THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 03.12.2019 PASSED IN MVC NO.203/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC, TARIKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE B M SHYAM PRASAD

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD)

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This appeal for enhancement of compensation is by a person aged 18 years who is rendered paraplegic because of the injuries suffered in a road accident. The claimant's petition under Section 166 of the Motor Vehicles Act, 1988 [for short, 'the MV Act' ] is in MVC No.203/2015 on the file of the Senior Civil Judge and Principal JMFC, Tarikere [for short, 'the Tribunal ']. The Tribunal has awarded a total sum of Rs.16,37,292/- with interest at 6% per annum from the date of the petition till the date of deposit under the following heads:

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*Sl.* *No.*	*Head*	*Compensation* *amount*
1	Pain and suffering already undergone and to be suffered in future, mental and physical shock including loss of comforts amenities onaccount ofdisability.	Rs. 6,00,000/-
2	Discomforts, inconvenience and loss of earnings of the parents during thelaid-up period	Rs. 48,000/-
3	Medical Bills	Rs.3,89,292/-
4	Future Medical expenses and attendant charges of hislife	Rs.6,00,000/-
	Total	Rs.16,37,292/-

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HC-KAR

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The claimant has met with an accident

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when he was on his feet opposite to Gangothri Guest House, Dharmasthala Village, Belthangady Taluk on 23.11.2014, and presently it is not in dispute that this accident is because the driver of a Toyota Innova car, which is insured with the third respondent [the Insurer], was rash and negligent. The claimant has suffered fractures of the C2 -C3 and C7 vertebrae and cervical bone, and he is paralyzed waist below with no control over either the bladder or the bowel. The claimant has examined PW.2 [ a Senior Medical Officer with KMC Hospital, Mangalore ] who has detailed the treatment that the claimant has undergone, and this Doctor has also spoken about the loss of the claimant's potency.

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The Tribunal therefore has taken the claimant's disability at 100% and has granted a sum of Rs.6,00,000/- towards pain and suffering, loss of disability and loss of earning capacity relying upon

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HC-KAR

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the decision of the Apex Court in Master

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Mallikarjun v. Divisional Manager, the National Insurance Company Limited and Another¹ holding that the claimant was a minor. The Tribunal has also granted future medical expenses in a sum of Rs.6,00,000/- opining that the Apex Court in Parminder Singh vs. New India Insurance Company Limited² has granted Rs.10,00,000/towards medical expenses and it would not be appropriate to grant such sum in the present case.

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Sri Chandrashekar P. Patil, the learned counsel for the claimant, and

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Sri.A.R.Lakshminarayana, the learned counsel for the

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Insurer [ the third respondent ], are heard on:

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Whether there should be an enhancement in the compensation awarded by the Tribunal ?

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1 (2014) 14 SCC 396

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2 (2019) 7 SCC 217

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HC-KAR

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5. Sri Chandrashekar Patil submits that the

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Tribunal has overlooked the indisputable evidence that establishes that the claimant was not a minor but was aged 18 years; that he was not a student but

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engaged in agricultural activities, as also in dairy farming. The learned counsel argues that if the claimant had given up education after third standard and was earning both in agriculture and in dairy farming, this Court must grant loss of future income taking the notional income with addition towards future prospects at 40%.

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6. Sri Chandrashekar Patil next submits that

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the claimant will always have to depend upon attendants, and he would need such assistance 24/7 for his entire life and that the compensation under this head must be commensurate with the expenses that he will incur. Lastly, the learned counsel submits that the compensation must also be granted

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HC-KAR

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towards pain and suffering, loss of amenities and loss of marriage prospects.

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Sri A.R. Lakshminarayana is heard on

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whether there is a case for interference on these grounds, and the learned counsel points out that even according to the claimant he was born on 26.07.1997 and as on the date of the accident [23.11.2014] he was 17 years 4 months and 27 days, and therefore, this Court may not take any exception with the Tribunal applying the principles enunciated by the Apex Court in Master Mallikarjun v.

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Divisional Manager, The National Insurance

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Company Limited [supra]. However, the learned counsel cannot dispute that there must be just compensation towards future attendant charges, loss of marriage prospects, pain and suffering and loss of amenities, and the learned counsel submits that any award under these heads must be conservative so that the compensation remains just and reasonable.

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HC-KAR

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8. The claimant was aged over 17 years and

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4 months as of the date of the accident. The claimant's specific case is that he had not pursued education beyond third standard but had engaged himself in agricultural activities and in dairy farming. In Master Mallikarjun [supra] the claimant was much younger than the claimant and was pursuing studies. This becomes a material circumstance, and the loss of earning capacity must be assessed in the light of these distinguishing factors. The claimant, who is rendered paraplegic, has lost the movement of his limbs with loss of control over bladder and bowel, and he cannot engage in agriculture or in dairy farming or in any other vocation. Therefore, the loss of functional disability is 100%.

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9. The notional income, when the claim

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petition is because of an accident in the year 2014, is taken at Rs.8,500/-. The claimant was engaged in

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HC-KAR

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agriculture and dairy farming, and therefore, it would be appropriate to take this notional income for computing loss of earning capacity. It cannot be gainsaid that he would also be entitled to an addition of 40% of such income towards future prospects. As such, the loss of earning capacity must be computed taking his income at Rs.8,500/- with an addition towards future prospects at 40% by applying the multiplier of ' 18' . The award of compensation towards loss of earning capacity will be a sum of Rs.25,70,400/-.

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Details for Computa Earning	tion of Capacit	Loss of Future y
MonthlyIncome		Rs.8,500/-
Addition towards Future Prospects	40%	Rs. 3,400/-
Monthly Income +
FutureProspects		Rs.11,900/-
Annual Income		Rs. 1,42,800/-
Percentage of Disability	100%	Rs. 1,42,800/-
Multiplier	18
Loss of Earning Capacity		Rs.25,70,400/-

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The claimant, who has undergone multiple surgeries and is rendered paraplegic, indubitably will

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HC-KAR

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have suffered pain, apart from losing amenities for life. There must be just compensation awarded under these two heads as also under the loss of marriage prospects. The amount under these heads must be conventional, and this Court is of the considered view that the claimant must be awarded a sum of Rs.3,00,000/- under each of these heads in a total sum of Rs.9,00,000/-. The claimant at 17–18 years is made dependent for life even to answer nature’s call, being confined to bed. This would only mean that he and his family members will have to incur the attendant charges for his life.

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This Court is of the view that such attendant charges cannot be less than Rs.4,000/- to Rs.5,000/- per month and he/his family members must, as aforesaid, incur this expense every month for his life and this would be in addition towards the other future medical expenses. This Court, on a careful consideration, is of the view that there must

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HC-KAR

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be a sum of Rs.10,00,000/- under these heads. Thus, the claimant would be entitled for compensation in a sum of Rs.49,07,692/- as against the compensation of Rs.16,37,292/- awarded by the Tribunal which is brought out by the following comparative table, and he will also be entitled to interest at 6%.per annum.

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	By the Tribunal	By this Court
Loss of earning capacity	NIL	Rs. 25,70,400/-
Painand suffering Loss of amenities	Rs. 6,00,000/-	Rs 900000/-
Loss of marriage withprospects	-	. ,,
Medical Bills	Rs. 3,89,292/-	Rs. 3,89,292/-
Discomfort, inconvenience and
loss of earning of	Rs. 48,000/-	Rs. 48,000/-
the parents during laid up period.
Future Medical expenses and attendant charges	Rs. 6,00,000/-	Rs. 10,00,000/-
*Total*	_Rs. 16,37,292/- _	_Rs.49,07,692/- _
*Enhanced compens*	*ation*	_Rs.32,70,400/- _

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In the light of the afore, the following:

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ORDER

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[A] The appeal is allowed-in-part, and the appellant-claimant is granted a total

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HC-KAR

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compensation of Rs.49,07,692/-, including the enhanced compensation in a sum of Rs.32,70,400/-, along with the interest at 6% per annum from the date of petition till the date of deposit.

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[B] The third respondent [the Insurer] is called upon to deposit this amount with interest with the Tribunal within eight [8] weeks from the date of receipt of a certified copy of this order.

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[C] The Tribunal shall release 25% of the enhanced compensation, and the remaining 75% of the compensation shall be invested with a Nationalized Bank for fifteen [15] years with the appellant - claimant being entitled to withdraw periodically the accruing interest.

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