Mr. Shivanna @ Shivaiah Vs the Managing Director

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.08.2020 PASSED IN MVC NO.1531/2018 ON THE FILE OF THE XX ADDITIONAL SMALL

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NC: 2026:KHC:26091 MFA No. 5226 of 2020 C/W MFA No. 5223 of 2020

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HC-KAR

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CAUSES JUDGE AND ACMM, MACT, BENGALURU SCCH-22, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 5223/2020

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BETWEEN:

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MR. SHIVANNA @ SHIVAIAH S/O POO HUCHAPPA AGED ABOUT 37 YEARS R/AT SOMANAHALLI 1ST BLOCK, KANAKAPURA MAIN ROAD, SOMANAHALLI POST, BANGALORE - 82.

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ALSO AT DOOR NO.5/85 KESTUR MANJUKONDAPALLI, KRISHNAGIRI DISTRICT, TAMILNADU - 635 102.

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...APPELLANT

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(BY SRI. SHRIPAD V. SHASTRI, ADVOCATE)

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AND:

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THE MANAGING DIRECTOR B.M.T.C. DEPOT BANGALORE CENTRAL OFFICE, K.H. ROAD, SHANTHINAGAR BANGALORE - 27.

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...RESPONDENT

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(BY SMT. SOHANI HOLLA, ADVOCATE)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.08.2020 PASSED IN MVC NO.1530/2018 ON THE FILE OF THE XX ADDITIONAL SMALL CAUSES JUDGE AND ACMM MACT, BENGALURU SCCH-22 PARTLY ALLOWING THE CLAIM

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NC: 2026:KHC:26091 MFA No. 5226 of 2020 C/W MFA No. 5223 of 2020

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HC-KAR

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PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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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 RAJESH RAI K

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ORAL JUDGMENT

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IN MFA 5226/2020

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The claimant, being dissatisfied with the compensation of

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Rs.1,80,000/- awarded by the Tribunal, is in appeal.

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The fact that the accident occurred and the further fact

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that the offending vehicle was insured is not in dispute.

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The Tribunal, on assessment of evidence, has awarded

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the following sums as compensation:

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Sl. No.	Particulars	Amount in (Rs.)
1.	Pain and sufferings	20,000
2.	Loss of future income	97,200
3.	Medical expenses	12,243
4.	Future medical expenses	30,000

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HC-KAR

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5.	Conveyance, food, nourishment, attendant charges	15,000
6.	Loss of amenities in life	5,000
	Total	1,80,000

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The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has sustained disability of 16% to the whole body as per Ex.P.11. On perusal of Ex.P.11 it is not in dispute that the petitioner sustained grievous injuries and he was admitted as in-patient for a period of 20 days. As such, I am of the considered view that tribunal is erred in considering taking the disability at 5%, accordingly the same is considered at 16% instead of 5%.

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I have perused the evidence of the Doctor - PW.2 and the wound certificate/disability certificate. The same depicts that the claimant has suffered compound fracture of both bones of right leg and other injuries over the body.

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The Tribunal has determined the monthly income, notionally at Rs.9,000/-. Since there is no credible documentary evidence to ascertain the actual monthly income,

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HC-KAR

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it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2016, would be Rs.9,5000/-.

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As the claimant was aged 19 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.3,28,320/- (9,500 x 12 x 18 x 16 %) towards 'loss of future income' as against Rs.97,200/- awarded by the Tribunal.

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Having regard to the injuries suffered by the claimant, and its longing effect on the claimant and loss of pay during treatment, the claimant is also entitled for sum of Rs.19,000/(9,500 x 2) towards 'loss of income during the laid up period' .

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Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.35,000/- towards 'pain and suffering' as against Rs.20,000/- awarded by the Tribunal.

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Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of

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HC-KAR

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Rs.15,000/- towards loss of amenities, as against the sum of

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Rs.5,000/- awarded by the Tribunal.

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The sum awarded as medical expenses at Rs.12,243/-, being based on documentary evidence, do not call for modification and hence confirmed.

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The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered.

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Consequently, the award of the Tribunal is modified and

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the claimant would be entitled to the following compensation:

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Sl. No.	Compensation under different Heads	As awarded by the Tribunal	As awarded by this Court
		(Rs.)	(Rs.)
1.	Pain and sufferings	20,000	35,000
2.	Loss of future income	97,200	3,28,320
3.	Medical expenses	12,243	12,243
4.	Future medical expenses	30,000	30,000
5.	Conveyance, food, nourishment, attendant charges	15,000	15,000

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HC-KAR

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6.	Loss of amenities in life	5,000	15,000
7	Loss of income during laid up period	--	19,000
	Total	1,80,000	4,54,563

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Thus, the claimant is held entitled to the total compensation of Rs.4,54,563/- as against Rs.1,80,000/-, along with interest at the rate of 6% per annum from the date of petition till its realization.

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The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment.

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The appeal is accordingly allowed in part .

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IN MFA 5223/2020

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The claimant, being dissatisfied with the compensation of Rs.92,000/- awarded by the Tribunal, is in appeal.

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The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute.

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8 - NC: 2026:KHC:26091 MFA No. 5226 of 2020 C/W MFA No. 5223 of 2020

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HC-KAR

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The Tribunal, on assessment of evidence, has awarded the following sums as compensation:

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Sl. No.	Particulars	Amount in (Rs.)
1.	Pain and sufferings	20,000
2.	Loss of future income	36,720
3.	Medical expenses	10,100
4.	Conveyance, food, nourishment, attendant charges	15,000/-
5.	Loss of future amenities and happiness	10,000
	Total	92,000/-

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Having regard to the nature, gravity and the lasting

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effects of the injuries suffered by the claimant, I deem it appropriate that instead of enhancing the sum under each head, it would be just and appropriate to award additional compensation of Rs.35,000/- as a global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.92,000/-. Thus, the claimant is held entitled to the total compensation of Rs.1,27,000/- as against Rs.92,000/-, along with interest at the rate of 6% per annum from the date of petition till its realization.

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NC: 2026:KHC:26091 MFA No. 5226 of 2020 C/W MFA No. 5223 of 2020

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HC-KAR

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The Insurance Company is directed to deposit the amount of additional compensation awarded within six weeks from the date of receipt of a certified copy of this judgment.

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Accordingly, in modification of the impugned judgment

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and award of the Tribunal to the above extent, the appeal is

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partly allowed.

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SD/(RAJESH RAI K) JUDGE

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GPG List No.: 1 Sl No.: 23

Mr. Shivanna @ Shivaiah v. the Managing Director

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Mr. Shivanna @ Shivaiah v. the Managing Director

Case brief

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