Srinivasa v Vs Prakash G

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:16.03.2018 PASSED IN MVC NO.3567/2016 ON THE FILE OF THE XIX ADDITIONAL SCJ & MCT, BENGALURU [SCCH-17] PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR. JUSTICE D K SINGH

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and

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HON'BLE MR. JUSTICE VENKATESH NAIK T

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE VENKATESH NAIK T)

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Heard learned counsel for the appellant and learned

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counsel for the respondents.

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The appellant has filed this appeal for enhancement of compensation being aggrieved by the judgment and award passed by the XIX Additional Senior Civil Judge and

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MACT, Bangalore (for short the 'Tribunal') in MVC.No.3567/2016 dated 16.03.2018 whereby the

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Tribunal has granted total compensation of Rs.23,71,157/-

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HC-KAR

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with an interest at 7.5% p.a. (excluding future medical expenses) from the date of petition till it's realization.

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For the sake of convenience, the parties are referred to as per their rankings before the Tribunal.

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Brief facts of the case are that, on 25.10.2015 at around 5.30 pm, the petitioner - appellant was riding motorcycle bearing Reg.No.KA-01/S-4460 on TumkurBengaluru NH-4, near Damodar coach factory, Dabaspet town, at that time a car bearing Reg.No.KA-42-5639 came there being driven by its driver in high speed, rash and negligent manner endangering human life and caused accident dashing motorcycle, due to the impact, he fell down and sustained grievous injuries. He was shifted to MS Ramaiah hospital, Bengaluru, wherein, he took treatment as inpatient. Thus, he filed a claim petition under Section 166 of the Motor Vehicles Act.

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Learned counsel for the appellant-claimant contended

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that the compensation awarded by the Tribunal is inadequate. The claimant though sustained permanent

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HC-KAR

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disability at 87.5%, however the Tribunal has considered

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the disability at 60%, which is on lower side. The Tribunal has not awarded any compensation under the head loss of future prospects. At the time of accident, the claimant

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was aged about 49 years and he was working as a Real Estate Agent and even an agriculturist due to which he was earning Rs.20,000/- per month. But the Tribunal has assessed the income of the claimant at Rs.7,000/- per month, which is on lower side. Further, the Tribunal has not awarded fair and reasonable compensation under other conventional heads. Hence, he prays to allow the appeal.

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Per contra , learned counsel for the respondent – Insurance Company vehemently contended that, the injured claimant has not furnished any documents to show that, he was working as a real estate agent and as an agriculturist and he has not furnished any proof of income. Therefore, the Tribunal has considered the notional income of the claimant at Rs.7,000/- per month which is fair and

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HC-KAR

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reasonable one. Further, the Tribunal on considering the

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oral and documentary evidence on record has rightly granted fair and reasonable compensation. Hence, he prays for dismissal of the appeal.

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We have perused the material available on record and having heard the learned counsel for both the parties, the point that would arise for our consideration in this appeal is:

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Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for any enhancement?

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To prove the claim, the appellant - claimant got examined himself as PW-1, and relied upon the documents as per Ex.P-1 to Ex.P-21 and Ex.C-1 & Ex.C-2 also examined Smt. Padma K.V (Record Keeper) as PW-2 and Dr.Kiran Khanapure, the doctor as PW-3.

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Further, the doctor, PW-3 has stated that, due to the accident, the claimant sustained following injuries:

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HC-KAR

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i) Head injury right FTP,

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ii) SDH with temporal contusion with burst right temporal lobe and

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iii) Left side multiple rib fractures with hemothorax.

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As per medical records, said injuries are grievous in nature.

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PW-3, the doctor also issued Disability Certificate and assessed the disability of the claimant at 87.5% and the Tribunal considered the disability at 60% to the whole body. Therefore, the Tribunal has rightly assessed the total disability of the claimant at 60%, which is fair and reasonable one.

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The Tribunal has granted, a sum of Rs.75,000/under the head pain and sufferings which is not reasonable. Considering the nature of injuries sustained by the claimant, an additional sum of Rs.25,000/- is granted as global compensation under the head 'pain and suffering'. Thus, in all sum of Rs.1,00,000/- is awarded under the head ‘pain and suffering’.

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HC-KAR

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Prior to the accident, the claimant was aged about 49 years. Hence, in view of the ratio laid down in the case of National Insurance Company Limited Vs. Pranay Sethi and Others reported in AIR 2017 SC 5157 for the age group of 40 - 50 years, 25% of the income would be added as future prospects. Hence, the loss of income due to permanent disability is reckoned as under:

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Rs.9,000 + Rs.2,250 (25%) = Rs.11,250/-

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11,250 x 12 x 13 x 60% = Rs.10,53,000/-

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The Tribunal has granted a sum of Rs.25,000/- under the head 'future medical expenses' which is on meager side. Hence, an enhanced sum of Rs.75,000/- is granted as global compensation under the head ‘future medical expenses’. Thus, the claimant is entitled for a sum of Rs.1,00,000/- under the head ‘future medical expenses’ globally.

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The Tribunal has granted a compensation under the head 'loss of income' during the laid-up period by

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HC-KAR

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considering the notional income of the claimant at Rs.7,000/- per month. The accident is of the year 2015 and considering the nature of injuries he sustained in the accident and he was inpatient for a period of six months. Therefore, taking into consideration the notional income of the claimant as per the chart issued by the Karnataka State Legal Services Authority and the High Court Legal Services Committee is Rs.9,000/- per month, a sum of Rs.54,000/- (Rs.9,000 x 6 months) is awarded under the head ‘loss of income during laid up period’.

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Thus, the claimant is entitled for the following

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compensation:

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HEADS	Compensation awarded by the Tribunal in Rs.	Compensati on awarded by this Court in Rs.
Towards pain and suffering	75,000	1,00,000
Attendant charges, extra food and conveyance expenses	60,000	60,000
Towards medical expenses	14,63,957	14,63,957
Loss of income during laid up period	42,000	54,000
Loss of future income due to permanent disability	6,55,200	10,53,000
Loss of future amenities and
happiness	50,000	50,000