Sri Ajay Kumar R Vs Sri Renukaprasad

SRI AJAY KUMAR R. S/O. RUDRAIAH K. AGED ABOUT 29 YEARS R/AT NO.14/6 OPP. TO ANAGANAVADI BYANDAHALLI, KADABAGERE BENGALURU NORTH TALUK BENGALURU-562 130

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…APPELLANT

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(BY SRI DIVAKARA P. S., ADVOCATE)

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AND:

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Digitally signed by PADMASHREE SHEKHAR DESAI

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Location: High Court of Karnataka

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SRI RENUKAPRASAD S/O. RAJANNA AGED ABOUT 50 YEARS R/AT NO.238, JANATHA COLONY PANCHASHEELA NAGAR BENGLAURU-560 072

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HDFC ERGO GEN. INS. CO. LTD., NO.14, 1^ST FLOOR, H.M.GENERAVA HOUSE CUNNINGHAM ROAD BENGALURU-560 005

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…RESPONDENTS

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(BY SRI PRADEEP B., ADVOCATE FOR R-2, V/O. DATED 12.03.2024, NOTICE TO R-1 IS HELD SUFFICIENT)

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2 - NC: 2026:KHC:37593 MFA No. 7220 of 2019

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HC-KAR

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CNR: KAHC010419162019

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THIS MFA IS FILED U/S. 173(1) OF MV ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 21.02.2019 PASSED IN MVC NO.4699/2015 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (SCCH-4), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 21.02.2019 passed in MVC No.4699/2015 on the file of the member, MACT, XVIII Additional Judge, Court Of Small Causes, Bengaluru, for enhancing the compensation.

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Heard the arguments of the learned counsel for the appellant and learned counsel for respondents. The ranks of the parties are retained as per tribunal for the sake of convenience.

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3 - NC: 2026:KHC:37593 MFA No. 7220 of 2019

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HC-KAR

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CNR: KAHC010419162019

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3. The injured claimant met with an accident on 06.02.2014 and filed claim petition claiming compensation of Rs.10,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.5,98,000/along with interest at the rate of 6% p.a., from the date of petition till the realisation.

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Aggrieved by the said order learned counsel for the petitioner mainly contended that the injured was owner cum worker of the tent house at Bangalore, aged about 27 years and was earning Rs.12,000/- per month, but the Tribunal has taken his income only as Rs.9,000/per month. He sustained multiple fractures and was inpatient for a period of 30 days. He underwent surgery and the doctor assessed the disability of the left lower limb as 24% and 12% to the whole body. The Tribunal erred in taking the same as 8%. The tribunal granted meager amounts under other heads. It is further stated that it is case of no driving licence, he is entitled for pay and recovery and Insurance Company is liable to pay the

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4 -

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HC-KAR

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NC: 2026:KHC:37593 MFA No. 7220 of 2019

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CNR: KAHC010419162019

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amount. Therefore, requested this court for the modification of the order.

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5. Though the petitioner stated that he was earning Rs.12,000/- per month, he has not filed any income. As he met with an accident in the year 2014, this Court finds it is reasonable to take his income as Rs.8,500/- per month as

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per the charge preferred by CW2. He was aged 27 years and the relevant multiplier is ‘17’. He filed Ex.P3/wound certificate and also discharge summaries under Exs.P6 to P8. Apart from that, he filed Ex.P11/CT scans and investigation report and other prescription. He also examined PW2 doctor on his behalf. As per Ex.P3, the injured sustained Type I fracture of both bones of left leg and other injuries and underwent debridement and IL nail for left tibia. Implants were removed. Further it is stated that the petitioner complains pain in left leg, difficulty to squatting, climbing stairs and stand on affect limb and difficulty to do routine activities. He was examined and was found with the following disabilities, 1) Tenderness

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5 - NC: 2026:KHC:37593 MFA No. 7220 of 2019

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HC-KAR

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CNR: KAHC010419162019

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over left knee and 2) Restriction of joints of movements of left knee flextion extension 15 degree. Further stated difficulty to squat on floor, climb upstairs walk on slope kneel. On radiological examination found Fracture tibia mal-united. On clinical and radiological examinations, he assessed permanent physical disability of 24% of left lower and 12% to the whole body. Therefore, this court finds it is just and reasonable to take 1/3^rd of 24% i.e, 8% disability to the whole body. The loss of future earning capacity comes to Rs..8000 x 12 x 17 x 8 % = Rs.1,38,720/-. The injured was admitted in the hospital for a period of one month. Considering the age, occupation, nature of injurious, period of hospitalization and other relevant factors, this court finds that it is just and reasonable to grant an amount of Rs.50,000/- towards pain and suffering , Rs.30,000 /- for loss of amenities, and Rs.30,000 for transportation, extra nourishment nd attendant charges. The petitioner might not have attended any other work atleast for a period of 3

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6 - NC: 2026:KHC:37593 MFA No. 7220 of 2019

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HC-KAR

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CNR: KAHC010419162019

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months, therefore, Rs.8,500 x 3 = Rs.25,500/- is to be granted under the head loss of earning during laid up period. The Tribunal already granted Rs.3,25,262 /towards medical expenses and the said amount is confirmed.

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Thus in all, components awarded by this court are

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as below,

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Sl.Nos.	Particulars	Amount in Rs.
1	Loss of future income	1,38,720
2	Pain and suffering	50,000
3	Loss of amenities	30,000
4	Transportation, extra nourishment and attendant charges.	30,000
5	Loss of income during laid up period	25,500
6	Medical bills	3,25,262
	Total	5,99,482

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7. It is further stated that on 06.02.2014, while petitioner was proceeding on his Hero Honda motorcycle

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7 - NC: 2026:KHC:37593 MFA No. 7220 of 2019

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HC-KAR

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CNR: KAHC010419162019

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bearing Reg.No.KA-02-HU-3262 on the left side of the road, the rider of TVS Victor bike bearing Reg.No.KA-02EP-6411 came in a rash and negligent manner and dashed him. The charge sheet is filed against the rider of TVS Victor bike, but he has no driving licence. Therefore, as per the citation in P appu & Others V. Vinod Kumar Lamba & Another , reported in ( 2018) 3 SCC 208 , this court finds it is reasonable to invoke the principle of pay and recovery. Therefore, Insurance Company is directed to pay the amount and they can recover the same from owner of the vehicle by due process of law. Owner also has not deposited any amount.

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