Karnataka High Court
Manjunatha vs Pruthvi Kumar G on 2 March, 2023
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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MFA No. 7521 of 2018
C/W MFA No. 7522 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO.7521 OF 2018 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.7522 OF 2018 (MV-I)
In MFA No.7521/2018
BETWEEN:
NAGARAJU S.R.,
S/O RANGASHAMAIAH,
AGED ABOUT 23 YEARS,
R/AT SOLUPURAHALLI,
Digitally KALLAMBELLA HOBLI,
signed by SIRA TALUK,
PANKAJA S
Location: TUMKUR DISTRICT-572 137.
HIGH ...APPELLANT
COURT OF
KARNATAKA (BY SRI. SHANTHARAJ K., ADVOCATE)
AND:
1. PRUTHVI KUMAR G.,
S/O GOVINDAPPA,
R/AT C/O RAMACHANDRAIAH,
SRIRAMA NILAYA,
RANGANATHAPURA,
WARD NO.1, TUMAKURU-572 101.
2. THE UNITED INDIA INSURANCE
COMPANY LIMITED,
BY ITS MANAGER,
NO.132, JAYADEVA COMPLEX,
B.H.ROAD, TUMAKURU-572 101.
...RESPONDENTS
(BY SRI.C. SHANKAR REDDY, ADVOCATE FOR R2;
VIDE ORDER DATED 21.02.2019, NOTICE TO
R1 DISPENSED WITH)
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MFA No. 7521 of 2018
C/W MFA No. 7522 of 2018
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 03/11/2017, PASSED IN MVC
NO.730/2016, ON THE FILE OF THE VI ADDITIONAL DISTRICT
& SESSIONS JUDGE AND MEMBER, AMACT, TUMAKURU,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
In MFA No.7522/2018
BETWEEN:
MANJUNATHA,
S/O CHIKKAKEMPAIAH,
AGED ABOUT 22 YEARS,
R/AT SOLUPURAHALLI,
KALLAMBELLA HOBLI,
SIRA TALUK,
TUMKUR DISTRICT - 572 137.
...APPELLANT
(BY SRI. SHANTHARAJ K., ADVOCATE)
AND:
1. PRUTHVI KUMAR G.,
S/O GOVINDAPPA,
AGED ABOUT 37 YEARS,
R/AT C/O RAMACHANDRAIAH,
SRIRAMA NILAYA,
RANGANATHAPURA,
WARD NO.1, TUMKURU - 572 101.
2. THE UNITED INDIA INSURANCE
COMPANY LIMITED,
BY ITS MANAGER,
NO.132, JAYADEVA COMPLEX
B.H.ROAD, TUMKURU - 572 101.
...RESPONDENTS
(BY SRI. C. SHANKAR REDDY, ADVOCATE FOR R2;
VIDE ORDER DATED 21.02.2019, NOTICE TO
R1 DISPENSED WITH)
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MFA No. 7521 of 2018
C/W MFA No. 7522 of 2018
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 03/11/2017, PASSED IN MVC
NO.731/2016, ON THE FILE OF THE VI ADDITIONAL DISTRICT
& SESSIONS JUDGE AND MEMBER, AMACT, TUMAKURU,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS, COMING ON FOR FURTHER ORDERS,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
In MFA No.7521/2018
1. The claimant, being dissatisfied with the compensation of Rs.85,000/- awarded by the Tribunal, is in appeal.
2. The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute.
3. The Tribunal, on assessment of the evidence, has recorded a finding that the claimant has suffered the following injuries: Injury over his eye orbital, right ankle and parietal region.
4. The Tribunal has thereafter awarded the following sums as compensation:
-4-MFA No. 7521 of 2018 C/W MFA No. 7522 of 2018
Sl. Compensation under Amount No. different Heads in (Rs.)
1. Pain and sufferings Rs.50,000/-
2. Medical expenses Rs.5,000/-
3. Loss of amenities Rs.25,000/-
Traveling, nourishment and
4. Rs.1,000/-
attendant charges
Loss of income during
5. Rs.2,000/-
treatment period
Total Rs.83,000/-
5. Evidence on record indicates that the claimant was hospitalized for six days. In that view of the matter, it would be appropriate to award a sum of Rs.75,000/-
towards 'pain and suffering' as against a sum of Rs.50,000/-.
6. The Tribunal has awarded a meager sum of Rs.1,000/- towards 'traveling, nourishment and attendant charges'. In my view, having regard to the fact that the claimant was hospitalized for six days, it would be appropriate to award a sum of Rs.15,000/- towards 'traveling, nourishment and attendant charges'. It would also be necessary to determine the laid up period as two -5- MFA No. 7521 of 2018 C/W MFA No. 7522 of 2018 months. Since there is no credible documentary evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by adopting the income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2016, would be Rs.9,500/-. As a consequence, the amount of Rs.2,000/- awarded by the Tribunal towards 'loss of income during treatment period' would also stand enhanced to Rs.19,000/- (Rs.9,500/- X 2).
7. Consequently the award of the Tribunal is modified and the claimant would be entitled to the following compensation:
As awarded Compensation As awarded Sl. by the under different by this Court Tribunal No. Heads (Rs.) (Rs.)
1. Pain & sufferings Rs.50,000/- Rs.75,000/-
2. Medical expenses Rs.5,000/- Rs.5,000/-
3. Loss of amenities Rs.25,000/- Rs.25,000/--6- MFA No. 7521 of 2018 C/W MFA No. 7522 of 2018
Traveling, nourishment and
4. Rs.1,000/- Rs.15,000/-
attendant charges Loss of income
5. during treatment Rs.2,000/- Rs.19,000/-
period Total Rs.83,000/- Rs.1,39,000/-
8. Thus, the claimant is held entitled to a total compensation of Rs.1,39,000/- as against Rs.85,000/-, along with interest at the rate of 6% per annum from the date of petition till its realization.
9. The Insurance Company is directed to deposit the amount of compensation awarded within two months from the date of receipt of a certified copy of this judgment.
The appeal is accordingly allowed in part. In MFA No.7522/2018
1. The claimant, being dissatisfied with the compensation of Rs.57,866/- awarded by the Tribunal, is in appeal.
-7-MFA No. 7521 of 2018 C/W MFA No. 7522 of 2018
2. The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute.
3. The Tribunal, on assessment of the evidence, has recorded a finding that the claimant has suffered the following injuries: Lacerated wound over his left temporal region measuring 3 x 2 x 1 cms.
4. The Tribunal has thereafter awarded the following sums as compensation:
Sl. Compensation under Amount No. different Heads in (Rs.)
1. Pain and sufferings Rs.30,000/-
2. Loss of amenities Rs.15,000/-
3. Medical expenses Rs.7,866/-
Loss of income during
4. Rs.2,000/-
treatment
Traveling, nourishment and
5. Rs.1,000/-
attendant charges
Total Rs.55,866/-
5. Evidence on record indicates that the claimant was hospitalized for four days. In that view of the matter, it -8- MFA No. 7521 of 2018 C/W MFA No. 7522 of 2018 would be appropriate to award a sum of Rs.40,000/-
towards 'pain and suffering' as against a sum of Rs.30,000/-.
6. The Tribunal has awarded a meager sum of Rs.1,000/- towards 'traveling, nourishment and attendant charges'. In my view, having regard to the fact that the claimant was hospitalized for four days, it would be appropriate to award a sum of Rs.10,000/- towards 'traveling, nourishment and attendant charges'. It would also be necessary to determine the laid up period as two months. Since there is no credible documentary evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by adopting the income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2016, would be Rs.9,500/-. As a consequence, the amount of Rs.2,000/- awarded by the Tribunal towards 'loss of income during treatment period' would also stand enhanced to Rs.9,500/-. -9- MFA No. 7521 of 2018 C/W MFA No. 7522 of 2018
7. Consequently the award of the Tribunal is modified and the claimant would be entitled to the following compensation:
As awarded Compensation As awarded Sl. by the under different by this Court Tribunal No. Heads (Rs.) (Rs.)
1. Pain & sufferings Rs.30,000/- Rs.40,000/-
2. Medical expenses Rs.7,866/- Rs.7,866/-
3. Loss of amenities Rs.15,000/- Rs.15,000/-
Traveling, nourishment and
4. Rs.1,000/- Rs.10,000/-
attendant charges Loss of income
5. during treatment Rs.2,000/- Rs.9,500/-
period Total Rs.55,866/- Rs.82,366/-
8. Thus, the claimant is held entitled to a total compensation of Rs.82,366/- as against Rs.57,866/-, along with interest at the rate of 6% per annum from the date of petition till its realization.
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MFA No. 7521 of 2018C/W MFA No. 7522 of 2018
9. The Insurance Company is directed to deposit the amount of compensation awarded within two months from the date of receipt of a certified copy of this judgment.
10. However, the claimant is not entitled for interest for the delayed period of 225 days in filing the appeal.
The appeal is accordingly allowed in part.
SD/-
JUDGE PGG