Narasimhaiah Vs the Managing Director

NO.1593/2021 ON THE FILE OF THE XXIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AND MACT, BENGALURU, (SCCH25), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶22

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

¶23

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

¶24

ORAL JUDGMENT

¶25

This appeal is filed by the appellant/claimant under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 26.06.2023 passed in MVC No.1593/2021 on the file of the XXIII Additional Judge, Court of Small Causes and Additional Chief Metropolitan Magistrate and MACT, Bengaluru (SCCH-25), for enhancing the compensation.

¶26

3 - NC: 2026:KHC:18603 MFA No. 4105 of 2024

¶27

HC-KAR

¶28

Heard the arguments of both sides. The ranks

¶29

of the parties are retained as per the Tribunal for the sake of convenience.

¶30

The petitioner/injured claimant met with an accident on 03.03.2021 and filed a claim petition claiming compensation of Rs.20,00,000/- before the Tribunal. The Tribunal, after considering the entire evidence on record, granted an amount of Rs.3,25,891/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realisation. Aggrieved by the said order, the claimant has preferred this appeal and mainly contended that the appellant was doing coolie work and earning Rs.20,000/- per month, but the Tribunal has erred in taking his notional income as Rs.15,000/- per month. PW3, the doctor stated that the petitioner sustained 40% to 50% disability to the whole body which is permanent in nature and has became totally infirmed and incapacitated to perform his day to day work. However, the Tribunal has erred in taking the disability at 30%. The petitioner

¶31

4 - NC: 2026:KHC:18603 MFA No. 4105 of 2024

¶32

HC-KAR

¶33

sustained grievous injuries such as Head injury - multiple skull bone fractures with pneumocephalus and multiple facial lacerations. The Tribunal has also granted meagre amounts under other heads and thus, requested for enhancement of compensation.

¶34

Learned counsel for respondent No.1 stated that PW1 himself was examined before the Court and he answered all the questions properly during crossexaminations and as such the Tribunal rightly observed the said facts and considered his disability as 30% and it is to be confirmed. He further stated that the petitioner has not filed any document to show that he was treated as an inpatient for a period of 15 days.

¶35

Though the petitioner stated that he was

¶36

earning Rs.20,000/- per month, he has not filed any income proof. As he met with an accident in the year 2021, the Tribunal has rightly considered his notional

¶37

5 - NC: 2026:KHC:18603 MFA No. 4105 of 2024

¶38

HC-KAR

¶39

income as Rs.15,000/- per month. The petitioner was aged 73 years and the relevant multiplier applicable is 5.

¶40

As per Ex.P5 - Wound Certificate, the petitioner

¶41

sustained multiple skull bone fractures with pneumocephalus. The multiple facial lacerations are grievous in nature. The petitioner also examined the doctor as PW3, a Senior Consultant Neurosurgeon, who stated that the petitioner has the following health issues:

¶42

i) Headache ii) Memory loss, forgetting things iii) Gets angry easily iv) Shouts at family members and others without reason

¶43

v) Urinary incontinence

¶44

PW3 further stated that the petitioner has permanent

¶45

physical impairment due to neurological conditions because of the head injury. It stated that he took treatment as an inpatient at Oxford Medical College Hospital and Research Centre for 15 days. However, the Tribunal observed that he has not produced any

¶46

6 - NC: 2026:KHC:18603 MFA No. 4105 of 2024

¶47

HC-KAR

¶48

documents to show that he was inpatient and only produced three out-patient records under Ex.P9. The petitioner also produced Ex.P8 3 Emergency case record issued by NIMHANS hospital for head and spine trauma in which it was stated that he was treated as an inpatient. He underwent a detailed neuropsychological evaluation by the psychologist as per the report dated 22.09.2022. It was observed that he was able to look after own affairs without assistance, but unable to carry out all his previous activities. As per the Modified Ranking Scale, assessed the neurological disability of 40% to 50%. It was stated that he lost concentration, often gets giddiness and headache and lost memory but the Tribunal observed that he has not lost the memory. Considering the medical evidence and the age of the petitioner, this Court finds it reasonable to take the disability at 40% instead of 30% taken by the Tribunal. As the petitioner is aged 73 years, he is not entitled for future prospects. Accordingly, the loss of future earning capacity comes to Rs.15,000/- x 12 x 5 x

¶49

7 - NC: 2026:KHC:18603 MFA No. 4105 of 2024

¶50

HC-KAR

¶51

40% = Rs.3,60,000/-. The petitioner has incurred Rs.11,891/- towards medical expenses as per Ex.P10 to Ex.P12 and the Tribunal has granted the said amount and it is confirmed. Though it is stated that the petitioner took treatment as inpatient, the period of treatment was not brought on record. Considering the nature of injuries, his age and occupation this Court finds it reasonable to grant an amount of Rs.50,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities, Rs.30,000/- towards transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work at least for a period of three months. Therefore Rs.45,000/- (Rs.15,000 x 3) is granted under the head loss of income during laid-up period.

¶52

Thus in all, compensation awarded by this Court

¶53

is as below:

¶54

8 - NC: 2026:KHC:18603 MFA No. 4105 of 2024

¶55

HC-KAR

¶56

Particulars	Amount in Rs.
Loss of future earning capacity	3,60,000
Pain and suffering	50,000
Loss of amenities	30,000
Transportation, extra nourishment and attendant charges	30,000
Loss of income during laid up period	45,000
Medical Expenses	11,891
Total	5,26,891

¶57

Hence, the appellant-claimant is entitled for a

¶58

total enhanced compensation of Rs.5,26,891/- along with interest at the rate of 6% p.a.

¶59

In the result, the following order is passed:

¶60

ORDER

¶61

i. Appeal is allowed in part.

¶62

ii. The judgment and award dated 26.06.2023 passed in MVC No. 1593/2021, by XXIII Additional Judge, Court of Small Causes and Additional Chief Metropolitan

¶63

9 -

¶64

NC: 2026:KHC:18603 MFA No. 4105 of 2024

¶65

HC-KAR

¶66

Magistrate and MACT, Bengaluru (SCCH25), is modified;

¶67

iii. The claimant is entitled to a sum of Rs . 5,26,891 /- along with interest at 6% p.a as from the date of petition till the date of realization, instead of Rs.3,25,891/granted by the tribunal.

¶68

iv. Respondent No.1 has already deposited the awarded amount before the Tribunal. Therefore, respondent No.1 is directed to deposit the enhanced compensation of Rs.2,01,000/- along with the interest at the rate of 6% within one month from the date of this order.

¶69