Yogesh @ Yogehash Vs Manjit Singh Chhabra

YOGESH @ YOGEHASH S/O MANJEGOWDA NOW AGED ABOUT 38 YEARS RESIDING AT 3^RD CROSS NEAR GANGADHARESHWARA TEMPLE KANAKAPURA MAIN ROAD JARAGANAHALLI BENGALURU 560 078.

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…APPELLANT

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(BY SRI GOPALA KRISHNA N., ADVOCATE FOR SMT. SUSHMITHA G., ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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MANJIT SINGH CHHABRA MAJOR IN AGE RESIDING AT NO.B/108 SAMRAT ASHOK CHS PLOT-16, SEC.21, KHARGHAR TALUK PANVEL DISTRICT, RAIGAD MAHARASHTRA 410 210.

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GO DIGIT GENERAL INSURANCE LTD, ATLANTIS, 95 4^TH 'B' CROSS ROAD KORAMANGALA INDUSTRIAL LAYOUT, 5^TH BLOCK

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2 -

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HC-KAR

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NC: 2026:KHC:38130 MFA No. 7789 of 2024

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CNR: KAHC010683272024

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BENGALURU – 560 095 REP. BY ITS MANAGER.

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…RESPONDENTS

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(BY SRI MURALIDHAR NEGAVAR, ADVOCATE FOR R2; V/O DATED 22.04.2026, NOTICE TO R1 IS D/W)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.10.2024 PASSED IN MVC NO.4430/2021 ON THE FILE OF THE CHIEF JUDGE, MEMBER, PRL. MACT, BENGALURU SCCH-1, 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 SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by the appellant - claimant

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seeking enhancement of compensation awarded in the judgment and award dated 08.10.2024 passed in M.V.C. No. 4430/2021 by Chief Judge, Court of Small Cases and Member, Principal MACT.

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Even though the appeal is listed f or `Admission’ today, with the consent of the learned counsel appearing for

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the appellant and learned appearing for respondent No. 2 – Insurer it is taken up for disposal.

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3 - NC: 2026:KHC:38130 MFA No. 7789 of 2024

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HC-KAR

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CNR: KAHC010683272024

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Appellant – claimant made a claim petition claiming compensation for the injuries sustained by him in a road traffic accident that occurred on 21.08.2021 contending that the accident occurred due to the rash and negligent driving by the driver of the lorry bearing registration No. MH05-AM-1759. T he Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under:

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1.	Pain and suffering	Rs.60,000.00
2.	Towards treatment	Rs.28,104.00
3.	Towards Attendant, conveyance and nourishment charges	Rs.15,000.00
4.	Towards Loss of income during treatment period (Rs.15,000 X 5 months)	Rs.75,000.00
5.	Towards Loss of amenities and future happiness	Rs.40,000.00
	Total	Rs.2,18,104.00
	After deducting 50% towards contributory negligence

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HC-KAR

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CNR: KAHC010683272024

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awarded Rs.1,09,052.00

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The Tribunal has held that there is contributory

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negligence on the part of the claimant who is the driver of autorikshaw bearing registration No. KA-01-AK-4861 to the extent of 50% and the deducted 50% of compensation awarded and awarded Rs.1,09,000/- with interest at the rate of 6% p.m. from the date of petition till the date of realization. The Tribunal has directed respondent No. 2 – Insurer to pay the said compensation amount with interest. The claimant seeking enhancement of the said compensation has filed the present appeal.

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Heard learned counsel for appellant and learned counsel for respondent No. 2 – Insurer.

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Learned counsel for appellant would contend that even though the claimant is having 19% disability to the whole body, the Tribunal only on the ground that P.W.2 is not the treated Doctor, has not awarded any compensation towards `loss of future income’.

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HC-KAR

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CNR: KAHC010683272024

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The claimant is a driver of autorickshaw and the

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injuries sustained by him, namely, left ace tabular posterior wall fracture has affected his occupation as an autorickshaw driver. Since the accident has taken place in the year 2020, notional income is to be taken at 15,000/-. Age of the appellant was 37 years and therefore, multiplier applicable is 15. He submits the Tribunal has rightly awarded compensation under other heads. He further submits that the Tribunal has erred in holding that the claimant has also contributed to the extent of 50% to the accident and said contributory negligence as held by the Tribunal is on higher side. With this he prayed to allow the appeal.

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Learned counsel for respondent No. 2 – Insurer would contend that charge sheet has been filed against both the claimant i.e. driver of the autorickshaw and also the driver of the lorry. The Tribunal has rightly disbelieved the evidence of P.W.2 who is not the treated Doctor with regard to disability and rightly not awarded compensation under the head `loss of future income’. Compensation awarded by the

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HC-KAR

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CNR: KAHC010683272024

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Tribunal under other heads is on higher side. With this he prayed to dismiss the appeal.

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Having heard learned counsel for the parties, this Court has perused the judgment, award and trial Court records.

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Ex.P.2 is the mahazar of the spot and Ex.P.3 is the sketch of the spot of accident. On perusal of the said sketch – Ex.P.3 it is seen that the accident has occurred in the middle of the road and claimant – driver of autorickshaw dashed to the back side of the lorry. Said lorry was parked on the road in the middle. Considering the said fact charge sheet is filed against both claimant - driver of autorickshaw and driver of lorry. The Tribunal has rightly held that there is contributory negligence on the part of claimant – driver of autorickshaw to the extent of 50% and driver of the lorry to the extent of 50%.

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Claimant had suffered left ace tabular posterior

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wall fracture and he had taken treatment at Bowring Hospital, as an inpatient, from 22.08.2021 to 08.09.2021.

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HC-KAR

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CNR: KAHC010683272024

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P.W.2 is the Doctor who has examined the claimant and assessed his disability at 19% to the whole body. The Tribunal has not believed the evidence of P.W.2 only on the ground that he is not the treated Doctor. Considering the injuries sustained by the claimant and evidence of P.W.2, disability to the whole body is to be taken at 10%.

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The accident occurred in the year 2021 and notional income fixed for the said year is Rs.15,000/-. Multiplier applicable is 15 as the age of the claimant was 37 years. Therefore, `loss of future income’ is calculated as under:

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15000 X 12 X 15 X 10% = Rs.2,70,000

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Compensation awarded by the Tribunal towards pain and suffering’, medical expenses’, attendant and conveyance charges’, loss of income during laid up period’ for 5 months and `loss of amenities’ are just and proper.

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In view of the above, claimant is entitled to enhanced compensation of Rs.2,70,000/- with interest at the

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HC-KAR

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CNR: KAHC010683272024

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rate of 6% p.a. from the date of petition till the date of realization.

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Claimant’s contribution to the accident is assessed at 50%. Therefore in the compensation awarded under the head `loss of future income’ in a sum of Rs.2,70,000/-, claimant is entitled to 50% i.e., Rs.1,35,000/-. Therefore, claimant is entitled to enhanced compensation of Rs.1,35,000/- with interest at the rate of 6% p.a. from the date of petition till the date of realization.

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In view of the above, the following;

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O R D E R

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i) Appeal is allowed in part.

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ii) Appellant - claimant is entitled to enhanced compensation of Rs.1,35,000/- with interest at the rate of 6% p.a. from the date of petition till the date of realization.

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iii) Respondent No. 2 – Insurer shall deposit the enhanced compensation before the Tribunal within 8 weeks from this day failing which it is liable to

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