Sri a G Raghavendra Vs Sri M D Sharath

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NC: 2025:KHC:18622 MFA No. 7961 of 2016 C/W MFA No. 7962 of 2016

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 7961 OF 2016 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 7962 OF 2016 (MV-I)

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IN MFA No. 7961/2016

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BETWEEN:

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SRI. A.G. RAGHAVENDRA S/O A. GANESHAIAH, AGED ABOUT 37 YEARS, OCC: AGRICULTURAL MECHANIC, DIPLOMA IN AUTOMOBILE, R/O ASAGODU VILLAGE, HOSAKOPPA POST, KOPPA TALUK, CHIKMAGALUR DISTRICT - 577 101.

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…APPELLANT

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(BY SRI. RAJASHEKAR M.,ADVOCATE)

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AND:

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Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA

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SRI. M.D SHARATH, S/O DASHARATH D.B. AGED ABOUT 23 YEARS, R/O.DOOR NO. LIG-34, K-BLOCK, 2^ND CROSS, RAMAKRISHNANAGARA, MYSORE - 570 022, DRIVER OF TATA INDICA CAR BEARING NO.KA-09-B-7193.

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SRI. M.R. MANJU RAJU, S/O RAMACHANDRA SHETTY, AGED ABOUT 34 YEARS, R/O.NO.3604(A), 2^ND BLOCK, 19^TH MAIN ROAD, 2^ND CROSS, VIJAYANAGARA

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NC: 2025:KHC:18622 MFA No. 7961 of 2016 C/W MFA No. 7962 of 2016

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HC-KAR

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BENGALURU - 560 040. OWNER OF TATA INDICA CAR BEARING NO.KA-09-B-7193.

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THE MANAGER, M/S NATIONAL INSURANCE COMPANY LIMITED, TATA DEPARTMENT OF MOTORS, H.O., OPP: BUSINESS ROYAL INSURANCE BUILDING, 2^ND FLOOR, 14J, TATA ROAD, CHURCH GATE, MUMBAI STATE OF MAHARASHTRA - 400 038.

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…RESPONDENTS

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(BY SRI. RAVISH BENNI, ADVOCATE FOR R3, VIDE ORDER DATED 05.04.2018, NOTICE TO R1 AND R2 ARE DISPENSED WITH)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 4.07.2016 PASSED IN MVC NO.650/2013 ON THE FILE OF THE 2ND ADDITIONAL DISTRICT JUDGE, MEMBER, MACT, CHIKKAMGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 7962/2016

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BETWEEN:

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SRI. Y.S NAGESHA, S/O SRIKANTA BHAT, AGED ABOUT 23 YEARS, OCC: WORKING AS ARCHAK IN, SRI MAHADEVA TEMPLE, THUCHAMAKERI VILLAGE, CHIKKAMANDURU POST, VEERAJAPET TALUK, SOUTH-COORG, KODAGUR DISTRICT - 571 218.

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...APPELLANT

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(BY SRI. RAJASHEKAR M., ADVOCATE)

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AND:

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SRI. M.D. SHARATH S/O DASHARATH D.B,

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HC-KAR

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AGED ABOUT 23 YEARS, R/O. DOOR NO.LIG-34, K-BLOCK, 2^ND CROSS, RAMAKRISHNANAGARA MYSORE - 570 022 DRIVER OF TATA INDICA CAR BEARING NO. KA-09-B-7193.

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SRI. M.R. MANJU RAJU, S/O RAMACHANDRA SHETTY, AGED ABOUT 34 YEARS, R/O NO. 3604(A), 2^ND BLOCK, 19^TH MAIN ROAD, 2^ND CROSS, VIJAYANAGARA BENGALURU - 560 040. OWNER OF TATA INDICA CAR BEARING NO. KA-09-B-7193.

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THE MANAGER M/S NATIONAL INSURANCE COMPANY LIMITED, TATA DEPARTMENT OF MOTORS, H.O., OPP: BUSINESS ROYAL INSURANCE BUILDING, 2^ND FLOOR, 14J, TATA ROAD, CHURCH GATE, MUMBAI STATE OF MAHARASHTRA - 400 038.

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...RESPONDENTS

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(BY SRI. RAVISH BENNI, ADVOCATE FOR R3, VIDE ORDER DATED 04.04.2018, NOTICE TO R1 AND R2 IS DISPENSED WITH)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:04.07.2016 PASSED IN MVC NO.651/2013 ON THE FILE OF THE 2ND ADDITIONAL DISTRICT JUDGE, MEMBER, MACT, CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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HC-KAR

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CORAM: HON'BLE MR JUSTICE UMESH M ADIGA

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ORAL COMMON JUDGMENT

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Both these appeals arise out of a judgment and award dated 4^th July 2016, passed in MVC.No.650/2013 and MVC.No.651/2013, by the II Addl.District Judge and M.A.C.T., Chikkamagaluru, (for short `the Tribunal'). The Tribunal clubbed three cases viz., MVC.No.650/2013, MVC.No.651/2013 and MVC.No.652/2013 and disposed of by a common judgment. Claimants in first two claim petitions have filed these appeals. Since both these appeals arise out of a common judgment and award, they are taken up together for final disposal.

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2. For the sake of continence, the parties are referred to as per their ranking before the Tribunal.

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3. It is a case of claimants that on 27.04.2013, at about 11.00 a.m., the claimant Raghavendra in MVC.No.650/2013 along with his brother-in-law Nagesha, who is the claimant in MVC.No.651/2013, were proceeding

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5 - NC: 2025:KHC:18622 MFA No. 7961 of 2016 C/W MFA No. 7962 of 2016

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HC-KAR

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on a Bajaj Discover motorcycle bering registration No.KA12-K-2631, from Ponnampete to Thuchamakeri village. Raghavendra was riding the motorcycle and Nagesha was the pillion rider. They met with an accident due to rash and negligent driving of TATA Indica car bearing registration No.KA-09-B-7193, at Ponnampete-Kanooru road of Mugutageri village, Veerajpete Taluk, Kodagu District. As a result of which, both rider and pillion rider sustained grievous injuries. In addition to that, motorcycle in which they were proceeding, was badly damaged. For the said reasons, they prayed for awarding of compensation.

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4. The claim petition in MVC.No.652/2013 is said to be filed by the owner of the motorcycle claiming damages.

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5. The respondent No.3-insurer of the offending vehicle denied the averments made in the claim petitions. It also denied its liability to pay the compensation and prayed to dismiss the petition.

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HC-KAR

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6. The respondent No.2 filed the written statement denying the contents of the claim petitions and further it is stated that the said vehicle was insured with respondent No.3 and in the event of awarding compensation, respondent No.3 be directed to pay the same.

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7. On the basis of rival contentions of the parties, the Tribunal framed necessary issues. The claimants have examined three witnesses as PW-1 to PW-3 and doctor was examined as CW-1. The documents produced by the claimants were marked as Exs.P-1 P-25 and the documents produced through CW-1 were marked as Exs.C-1 to C-10.

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8. The Tribunal after hearing both side and appreciating the materials on record, held that accident had taken place due to rash and negligent driving of the car by its driver. The Tribunal awarded the compensation of Rs.3,97,294/- to the claimant in MVC.No.650/2013 under the following heads :

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7 - NC: 2025:KHC:18622 MFA No. 7961 of 2016 C/W MFA No. 7962 of 2016

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HC-KAR

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Loss of future income	Rs.2,30,400/-
Medical expenditure	Rs.90,248/-
Travelling expenses	Rs.27,460/-
Lodging expenses	Rs.4,186/-
Pain and suffering	Rs.20,000/-
Loss of amenities and enjoyment	Rs.10,000/-
For food and nourishment	Rs.5,000/-
Loss of income during laid up period	Rs.10,000/-
Total	Rs.3,97,294/-

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and awarded global compensation of Rs.26,253/- in

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MVC.No.651/2013.

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9. Heard the arguments of the learned counsel

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appearing for the claimants as well as the insurer.

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10. Learned counsel for the appellants submits that the Tribunal has not appreciated the evidence properly and just and reasonable compensation is not awarded. Assessment of income is on lower side. Compensation awarded under the heads loss of future earning capacity, special diet, conveyance charges' and `loss of income

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HC-KAR

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during laid up period' are meagre, hence prayed for enhancement of the compensation.

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11. Learned counsel for respondent No.3 - insurer supports the impugned judgment and award and submits

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that there is no reason to interfere in the said findings.

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12. The only question that arises for consideration is:

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(i) Whether the claimants in both the cases are entitled for enhancement of compensation?"

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(ii) What order?

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I answer the above said point partly in the

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affirmative for the following reasons :

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Order in MFA.No.7961/2016 :

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13. On re-appreciating the evidence on record, as

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well as reasons assigned by the Tribunal, the income of the claimant taken by the Tribunal is on the lower side. It is true that there are no reliable evidence placed on record

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to prove the income of the claimant. Hence, notional

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income of claimant has to be determined. As per the chart

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HC-KAR

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prepared by Karnataka State Legal Services Authority, the notional income of the victim of the accident of the year 2013 could be taken as Rs.8,000/- per month. Same could be applied to the facts of the present case.

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14. The disability assessed by the Tribunal is at 20% and the multiplier applied by the Tribunal are not in serious dispute. Therefore, there is no need to reconsider the same.

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15. Considering the materials on record, the amount of compensation awarded towards pain and suffering, loss of amenities, special diet, loss of income during laid up period are less, which needs to be enhanced. Accordingly,

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following compensation is awarded:

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Loss of future income	Rs.3,07,200/-
(Rs.8,000/-x12x16x20%)
Medical expenditure	Rs.90,248/-
Travelling expenses	Rs.27,460/-
Lodging expenses	Rs.4,186/-
Pain and suffering	Rs.30,000/-

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HC-KAR

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Loss of amenities and enjoyment	Rs.25,000/-
For food and nourishment	Rs.10,000/-
Loss of income during laid up period	Rs.32,000/-
(Rs.8,000/-x4)
Total	Rs.5,26,094/-

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Thus, the claimant is entitled for enhancement

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of compensation of Rs.1,28,800/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization.

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Order in MFA.No.7962/2016 :

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The Tribunal has awarded global compensation of Rs.26,253/- to the claimant. Considering the evidence on record, the said amount is on the lower side and it needs to be enhanced. Therefore, the claimant is entitled for enhancement of Rs.15,000/- in addition to the amount awarded by the Tribunal with interest at 6% p.a. from the date of petition till its realization.

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NC: 2025:KHC:18622 MFA No. 7961 of 2016 C/W MFA No. 7962 of 2016

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HC-KAR

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Undisputedly, the respondent Nos.2 being the

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owner and respondent No.3 being the insurer are liable to pay the said amount.

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In the result, I proceed to pass the following:

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ORDER

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i) The Appeals are allowed in part .

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ii) The judgment and award dated 4^th July 2016, passed in MVC.No.650/2013 and MVC.No.651/2013, by the II Addl.District Judge and M.A.C.T., Chikkamagaluru, stands modified.

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iii) The claimant in MFA.No.7961/2016 is entitled for enhanced compensation of Rs.1,28,800/and the claimant in MFA.No.7962/2016 is entitled for enhanced compensation of Rs.15,000/- along with interest at the rate of 6% p.a. from the date of petitoin till its realization.

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v) The insurance company shall deposit the amount within a period of six weeks from the date of award.

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vi) The enhancement of compensation is not much, therefore, entire amount of

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