Sri Janegowda Vs Sri Eshwara H R

SRI. JANEGOWDA S/O SIDDEGOWDA, AGED ABOUT 39 YEARS, AGRICULTURIST, R/O CHIKKAGOUOJA VILLAGE, HIREGOUJA POST, LAKYA HOBLI, CHIKKAMAGALURU TALUK AND DISTRICT.

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…APPELLANT

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Digitally signed by NIRMALA DEVI

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Location: HIGH COURT OF KARNATAKA

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(BY SRI. K.R. LINGARAJU, ADVOCATE)

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AND:

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SRI ESHWARA H R S/O RAMAIAH, AGED ABOUT 33 YEARS, DRIVER OF THE CAR R/O HIREMAGALURU, JYOTHINAGARA POST, CHIKKAMAGALURU - 1

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SRI SURESH G H S/O HUCHEGOWDA, AGED ABOUT 48 YEARS,

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2 -

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NC: 2025:KHC:26256 MFA No. 9236 of 2018 C/W MFA No. 6134 of 2018

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HC-KAR

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OWNER OF THE CAR R/O GOWDANAHALLI VILLAGE, AMBLE HOBLI AND POST, CHIKKAMAGALURU TALUK AND DISTRICT.

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THE MANAGER NATIONAL INSURANCE CO LTD., BRANCH OFFICE, 2ND FLOOR, YASHORAM CHAMBERS, R.G.ROAD, CHIKKAMAGALURU - 577 101.

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SRI. K.P. SRINIVAS S/O LATE K.M. PUTTEGOWDA, AGED ABOUT 53 YEARS, R/O 3RD CROSS, PENSION MOHALLA, ABOVE MASJID-E-FIRDOUS, CHIKKAMAGALURU - 577 101.

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…RESPONDENTS

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(BY SMT. H.R. RENUKA, ADVOCATE FOR R3; VIDE ORDER DATED 11.02.2020, NOTICE TO R1, R2 AND R4 IS DISPENSED WITH)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.04.2018 PASSED IN MVC NO.499/2015 ON THE FILE OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE AND MACT, CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 6134/2018

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BETWEEN:

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THE MANAGER

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NATIONAL INSURANCE COMPANY LTD, BRANCH OFFICE, 2ND FLOOR YASHORAM CHAMBERS R G ROAD, CHIKKAMAGALURU - 577 101.

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...APPELLANT

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HC-KAR

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(BY SMT. RENUKA H R.,ADVOCATE)

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AND:

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JANEGOWDA S/O SIDDEGOWDA, AGED ABOUT 39 YEARS

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R/O CHIKKAGUOUJA VILLAGE HIREGOUJA POST, LAKYA HOBLI

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CHIKKAMAGLAURU TALUK AND DISTRICT - 577 168.

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ESHWARA H R S/O RAMAIAH, AGED ABOUT 33 YEARS, R/O HIREMAGALURU JYOTHINAGARA POST

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CHIKKAMAGALURU TALUK AND DISTRICT - 577 102,

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SURESHA G H S/O HUCHEGOWDA AGED ABOUT 48 YEARS R/O GOWDANAHALLI VILLAGE AMBLE HOBLI AND POST

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CHIKKAMAGALURU TALUK AND DISTRICT - 577 101.

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K.P. SRINIVAS S/O LATE K.M. PUTTEGOWDA AGED ABOUT 53 YEARS R/O 3RD CROSS, PENSION MOHALLA ABOVE MAJID E FIRDOUS CHIKKAMAGALURU - 577 101.

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...RESPONDENTS

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(BY SRI. K.R. LINGARAJU, ADVOCATE AND SMT. USHA LINGARAJU, ADVOCATE FOR R1; R2 TO R4 ARE SERVED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09/04/2018, PASSED IN MVC NO.499/2015, ON THE FILE OF THE II ADDITIONAL SENIOR

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HC-KAR

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CIVIL JUDGE & MACT, CHIKKAMAGALURU, AWARDING COMPENSATION OF RS.2,79,656/- OUT OF WHICH PETITIONER IS ENTITLED FOR RS.2,54,656/- WITH INTEREST @ 8% P.A., FROM THE DATE OF PETITION TILL THE DATE OF PAYMENT.

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

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CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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Both the appeals are filed under Section 173(1) of the Motor Vehicles Act¹ , 1988 calling in question the judgment and award dated 09.04.2018 passed in MVC No.499/2015 by the Court of II Additional Senior Civil Judge and M.A.C.T., at Chikkamagaluru² .

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For the sake of convenience, the parties herein are referred as per their ranking before the Tribunal.

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The relevant facts in a nutshell are that the claimant who was an occupant of the insured car filed a claim petition claiming compensation for the injuries sustained in a road traffic accident that occurred on

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1 Hereinafter referred to as ‘M.V. Act’

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2 Hereinafter referred to as the ‘Tribunal’

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HC-KAR

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21.04.2015, contending that, on the date of the accident,

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when he was traveling in the car, the same was being driven by its driver in a rash and negligent manner, causing the accident in question wherein he sustained injuries. In the claim proceedings, the driver, owner and insurer of the car were arrayed as respondent Nos.1, 2 and 3 respectively. The claim proceedings were adjudicated upon along with another claim petition filed by another occupant of the car. The Tribunal partly allowed the claim petition and awarded compensation of ₹2,79,656/- together with interest at 8% per annum and held that respondent No.3-insurer is liable to pay the compensation.

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Being aggrieved by the same, the claimant has filed MFA.No.9236/2018 seeking enhancement of quantum of compensation and insurer has preferred MFA.No.6134/2018 contending that the quantum of compensation awarded by the Tribunal is excessive and

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HC-KAR

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seeking for reduction of the quantum of compensation awarded.

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Heard the submissions of Smt.H.R.Renuka, learned counsel for the insurer/respondent No.3 and learned counsel Sri.K.R.Lingaraju, for the

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claimant/appellant.

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The findings of the Tribunal on negligence and liability are not under challenge in the present appeals and have attained finality. The only question that is required to be adjudicated in these appeals is with regard to the adequacy of the quantum of compensation.

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The claimant was aged 40 years as on the date of accident i.e., 21.4.2015 and the appropriate Multiplier assessed by the Tribunal is '15' is just and proper. The claimant was stated to be an agriculturist earning ₹20,000/- per month. However, no documents have been produced to demonstrate his income. The Tribunal has assessed the income of the claimant at ₹21,000/- per

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HC-KAR

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month. Having regard to the fact that no documents have been produced by the claimant to prove his income, the notional income of the claimant is re-assessed as ₹9,000/per month.

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The claimant has sustained fracture of left humerus as also fracture of 2^nd right rib as is forthcoming from the Wound Certificate (Ex.P.102), Treatment Certificate (Ex.P.103) and Disability Certificate (Ex.P.105) as also from the other materials available on record. The claimant was treated as in-patient for a period of 6 days. The Doctor (CW.1) has deposed that the disability of the claimant is 13% to the left upper limb. He also deposed that claimant needs to undergo another surgery for implant removal. The Tribunal has assessed the whole body disability as 4.33%, which is just and proper.

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Having regard to the aforementioned, the compensation is re-assessed as follows:

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HC-KAR

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9.1 The compensation towards pain and suffering, having regard to the nature of injuries sustained, is re-assessed as ₹30,000/- as against ₹20,000/- awarded by the Tribunal;

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9.2 The compensation awarded by the Tribunal towards Food Nourishment and Attendant Charges of ₹20,000/-, Loss of Amenities of ₹20,000/as also Future Medical Expenses of ₹25,000/- are just and proper;

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9.3 Having regard to the nature of injuries sustained, and the period of treatment, conveyance charges awarded by the Tribunal in a sum of ₹20,000/- is re-assessed as ₹10,000/-

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9.4 The Tribunal has awarded the Medical Expenses as ₹10,982/-. However, having regard to the medical bills which have been produced as Exs.P.123 to 153, the Medical Expenses is reassessed as per the actual medical bills in a sum of ₹70,000/-;

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9.5 Compensation towards 'Loss of Future Earning Capacity/Disability' is re-assessed as (9,000

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HC-KAR

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x 12 x 15 x 4.33%) = ₹70,146/- as against

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₹1,63,674/- awarded by the Tribunal.

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Accordingly, the compensation is re-assessed

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as follows:

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Sl.No	Compensation Head	Amount Awarded by the Tribunal (`)	Amount awarded by this Court (`)
1	Towards Expenses relating to treatment and hospitalization and medicines	10,982-00	70,000-00
2	Towards Nourishment and diet food	20,000-00	20,000-00
3	Towards pain and suffering	20,000-00	30,000-00
4	Towards conveyance charges	20,000-00	10,000-00
5	Towards Loss of future earning on account of permanent disability	1,63,674-00	70,146-00
6	Towards amenities	20,000-00	20,000-00
7.	Future medical expenses	25,000-00	25,000-00
	Total	2,79,656-00	2,45,146-00

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Hence, the compensation awarded by the Tribunal is excessive in a sum of (`2,79,656/- -

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2,45,146/-) 34,510/-.

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It is noticed that the Tribunal has awarded interest at 8% pa. However, taking judicial notice of the

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HC-KAR

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interest payable towards fixed deposits, it is just and proper to award interest at the rate of 7% p.a., on the compensation as re-assessed by this Court.

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Hence, the following:

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ORDER

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i. Both the appeals are partly allowed;

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ii. By Judgment and award dated 09.04.2018 passed in MVC. No.499/2015, by the II Additional Senior Civil Judge and MACT, Chikkamagaluru, is modified to the extent of holding that the claimant is entitled to a total compensation of ₹2,45,146/- together with interest at 7 % per annum from the date of the petition till the date of payment;

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