Karnataka High Court
Sri Rangegowda B R vs Sri Sanjay J R on 3 December, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2024:KHC:50028
MFA No. 2768 of 2018
C/W MFA No. 9814 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 2768 OF 2018 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 9814 OF 2018 (MV-I)
IN MFA No. 2768/2018
BETWEEN:
THE RELIANCE GENERAL INSURANCE
COMPANY LIMITED,
UNNATHI ARCADE, 5/111 & 6/112,
1ST FLOOR, 1ST BLOCK,
DR. RAJKUMAR ROAD,
RAJAJINAGAR, BENGALURU-560010.
ALSO AT THE RELIANCE GENERAL
INSURANCE COMPANY LIMITED,
EAST WING, 5TH FLOOR,
NO.28, CENTENARY BUIDLING,
Digitally signed
by KIRAN M.G.ROAD,
KUMAR R
Location: High
BENGALURU-560001
Court of NOW REPRESENTED BY MANAGER (LEGAL)
Karnataka
...APPELLANT
(BY SRI. ASHOK N PATIL., ADVOCATE)
AND:
1. RANGEGOWDA B R
S/O RANGAIAH B.R.
AGED ABOUT 40 YEARS,
R/O BIDANAGERE, WARD NO.1,
KUNIGAL TOWN,
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NC: 2024:KHC:50028
MFA No. 2768 of 2018
C/W MFA No. 9814 of 2018
TUMAKURU DISTRICT.
2. SANJAY J. R.
S/O RANGEGOWDA,
R/O JOGANAHALLI VILLAGE,
GANDSI HOBLI,
ARASIKERE TALUK,
HASSAN DSITRICT.
...RESPONDENTS
(BY SRI. GOPALKRISHNA N., ADV. FOR R1,
VIDE ORDER DATED 10.11.2023, NOTICE TO R2 IS D/W.)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED: 01.02.2018 PASSED IN MVC
NO.8419/2016 ON THE FILE OF THE CHIEF JUDGE, MEMBER,
PRINCIPAL MACT, COURT OF SMALL CAUSES, BANGALORE
(SCCH-1), AWARDING COMPENSATION OF RS.24,32,251/-
WITH INTEREST @ 7% P.A. FROM THE DATE OF PETITION TILL
REALIZATION.
IN MFA NO. 9814/2018
BETWEEN:
1. SRI RANGEGOWDA B R
S/O RANGAIAH B.R
NOW AGED ABOUT 41 YEARS
RESIDING AT BIDANAGERE,
WARD NO.1,
KUNIGAL TOWN,
TUMKUR DISTRICT.
SINCE APPELLANT IS UNABLE
TO SPEAK AND NOT IN SOUND
MIND, HE IS REPRESENTED BY
NEXT FRIEND, HIS WIFE
SMT. RADHA M.S
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NC: 2024:KHC:50028
MFA No. 2768 of 2018
C/W MFA No. 9814 of 2018
W/O RANGEGOWDA,
NOW AGED ABOUT 37 YEARS
RESIDING AT BIDANAGERE,
WARD NO.1, KUNIGAL TOWN,
TUMKUR DISTIRCT.
...APPELLANT
(BY SRI. GOPAL KRISHNA N., ADVOCATE)
AND:
1. SRI SANJAY J. R.
S/O RANGEGOWDA,
MAJOR IN AGE
RESIDING AT JOGANAHALLI VILLAGE,
GANDSI HOBLI, ARASIKERE TALUK,
HASSAN DISTRICT, PIN 573103.
2. RELIANCE GENERAL
INSURANCE COMPANY LTD.,
UNNATHI ARCADE
NO.5/111 & 6/112, 1ST FLOOR, 1ST BLOCK,
DR. RAJKUMAR ROAD, 1ST MAIN ROAD,
RAJAJINAGAR, BENGALURU - 560010
REP: BY ITS MANAGER
...RESPONDENTS
(BY SRI. R. ANIL KUMAR, ADV. FOR R1,
SRI. ASHOK N. PATIL, ADV. FOR R2.)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED: 01/02/2018,
PASSED IN MVC NO.8419/2016, ON THE FILE OF THE
CHIEF JUDGE, COURT OF SMALL CAUSES AND MACT,
BENGALURU (SCCH-1), PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
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MFA No. 2768 of 2018
C/W MFA No. 9814 of 2018
ORAL JUDGMENT
1. An accident occurred on 14.02.2016 when the claimant was standing on the left side of the footpath and was hit by a tempo traveler. This accident caused head injuries to the claimant for which he was put on a ventilator, operated and hospitalized for about thirty-eight days.
2. The occurrence of the accident and the liability of the insurer to pay the compensation are not in dispute.
3. The Tribunal, on assessment of the evidence, has come to the conclusion that the claimant was entitled to a sum of Rs.24,32,251/- as compensation.
4. In arriving at the said amount, the Tribunal has assessed the disability of the claimant at 43% and has assessed his monthly income, notionally, at Rs.9,000/-.
5. Being aggrieved by this award of compensation, both the insurer as well as the claimant are in appeal; -5-
NC: 2024:KHC:50028 MFA No. 2768 of 2018 C/W MFA No. 9814 of 2018 while the insurer contends that the amounts awarded are excessive, the claimant contends that the amounts awarded are inadequate.
6. As already stated above, the claimant had suffered severe head injuries and was treated at BGS hospital, where he was hospitalized for nearly 38 days. The doctor who had treated him was examined as PW-1 and during the course of his examination-in-chief, he has stated as follows:
"2. I submit that Sri. Rangegowda B.R., 46 years, Male, UHID 192645, was admitted to our Hospital on 14.02.2016 with a history of road traffic accident. He had lost consciousness and had left ear bleed. He was deeply unconscious and required support for breathing. He also had left sided weakness and was neither able to open eyes or speak. CT scan of his brain revealed right frontal contusion, subarachnoid hemorrhage. He was admitted to our ICU and was on mechanical ventilator. Repeat CT scan revealed enlargement of the right frontal contusion. He underwent right front temporal -6- NC: 2024:KHC:50028 MFA No. 2768 of 2018 C/W MFA No. 9814 of 2018 craniotomy and evacuation of the contusion on 15/02/2016. His skull bone was not replaced because of severe brain swelling. He continued to be treated in our ICU after surgery. He underwent a tracheostomy surgery to facilitate respiration. With treatment, he gradually improved and was weaned off mechanical ventilation. He was subsequently treated in our HDU and in our ward. The bone flap was replaced on 07/03/2016, was discharged on 21/03/2016. At discharge, he was conscious, with speech difficulty and also had left side weakness.
3. He continued to be on OPD treatment. He has consulted us on at least 10 occasions after discharge during the past one year. He was last evaluated on 26/04/2017. He was not attending any work. He was reportedly a truck driver earlier. He has impaired memory, impaired speech. He also has behavioral disturbances. He was disoriented to time. Place and person.
4. A detailed Neuropsychological assessment was done on 18/04/2017. He obtained an IQ of 54 which is moderately below average. Normal IQ being 90-110. He -7- NC: 2024:KHC:50028 MFA No. 2768 of 2018 C/W MFA No. 9814 of 2018 has impaired functioning of frontal, temporal and parietal lobes.
I have assessed his disability as per the Disability Assessment and Certification Guidelines issued by DGHS, GOI during 2001.
He has multiple disabilities pertaining to Neurological state. His multiple disabilities have been calculated by telescoping method.
His disabilities are as follows:
Intellecutual disability -25% Mild Left hand weakness -18% Mild speech difficulty - NIL His total disability amounts to 43%. This disability is pertaining to whole body and is likely to be permanent."
7. As could be seen from his evidence, though the doctor had stated that the claimant had a total disability of 43% to the whole body, he has also stated that the claimant had impaired memory, impaired speech and had behavioral disturbances. He -8- NC: 2024:KHC:50028 MFA No. 2768 of 2018 C/W MFA No. 9814 of 2018 has also stated that he was disoriented to time, place and persons.
8. During the course of his cross-examination, the doctor has also stated that the difficulties encountered by the claimant were cognitive disabilities. He has, in fact, categorically denied the suggestion that the claimant can do his basic day-to- day duties.
9. In light of this particular evidence and having regard to the fact that the discharge summary, which was produced as Exhibit P-9, indicates that the claimant was conscious dysphasic obeying commands and had left sided hemiparesis with power of 3 out of 5 and was on Foley's indwelling catheter, it is obvious that the claimant has suffered a severe head injury which has a lasting and debilitating effect on him, and I am therefore of the view that notwithstanding the ultimate assessment of the doctor that the claimant has suffered 43% disability clinically, the claimant -9- NC: 2024:KHC:50028 MFA No. 2768 of 2018 C/W MFA No. 9814 of 2018 definitely has 50% functional disability. Consequently, in my view the assessment of the whole body disability will have to be enhanced from 43% to 50%.
10. There is no proof of actual income of the claimant.
Hence, in such cases, the notional income of Rs.9,500/- per month determined by the Karnataka State Legal Services Authority for the accidents of the year 2016 will have to be applied.
11. As the injured claimant was aged 39 years as on the date of the accident and he has suffered 50% whole body disability, as per the decision rendered by the Hon'ble Supreme Court in the case of Pranay Sethi1, future prospects of 40% (Rs.3,800/-) would have to be added. The net income would be Rs.13,300/-.
1 National Insurance Company Limited vs. Pranay Sethi and Others - (2017) 16 SCC 680
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12. Further, as per the decision of the Hon'ble Apex Court in the case of Sarla Verma2, having regard to the fact that the claimant was aged 39 years as on the date of the accident, a multiplier of '15' would have to be applied.
13. Consequently, the claimant would be entitled to a sum of Rs.11,97,000/- (Rs.13,300/- x 12 x '15' x 50%) towards 'loss of future income'.
14. The Tribunal has awarded a sum of Rs.75,000/-
towards pain and suffering and Rs.75,000/- towards loss of amenities. As already noticed above, the claimant was placed on a ventilator, was intubated, undergone a tracheostomy and thereafter, a craniotomy. The claimant was not able to depose before the Tribunal and his wife has deposed on his behalf. In my view, therefore, it would be appropriate to award a sum of Rs.2,00,000/- towards pain and 2 Sarla Verma and others vs. Delhi Transport Corporation and another, (2009) 6 SCC 121
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NC: 2024:KHC:50028 MFA No. 2768 of 2018 C/W MFA No. 9814 of 2018 suffering and Rs.2,00,000/- towards loss of amenities.
15. The Tribunal has awarded a sum of Rs.11,48,351/-
towards medical expenses and since the same is based on the documentary evidence, is affirmed.
16. The Tribunal has taken the laid up period as six months. In my view, having regard to the length of hospitalization, it would be appropriate to treat the laid up period as nine months and award a sum of Rs.85,500/- (Rs.9,500/- x 09 months) under the head of loss of income during the laid up period.
17. Since the claimant was hospitalized for 38 days and had to undergo a surgery for having suffered severe head injuries, it would be appropriate award a sum of Rs.50,000/- towards conveyance, food, nutrition and attendant charges.
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NC: 2024:KHC:50028 MFA No. 2768 of 2018 C/W MFA No. 9814 of 2018
18. Consequently, the award of the Tribunal is modified and the claimant would be held entitled to the following compensation:
As awarded As awarded
Sl. by the by this
Nature of Heads
No. Tribunal Court
(In Rs.) (In Rs.)
11,97,000/-
1. Loss of future income 10,44,900/- (Rs.13,300/- x 12
x '15' x 50%)
2. Pain and sufferings 75,000/- 2,00,000/-
3. Loss of amenities in life 75,000/- 2,00,000/-
4. Medical expenses 11,48,351/- 11,48,351/-
Loss of income during
5. 54,000/- 85,500/-
the laid up period
Conveyance, food,
6. nourishment, attendant 35,000/- 50,000/-
charges
Total 24,32,251/- 28,80,851/-
19. Thus, the claimant is held entitled to the total compensation of Rs.28,80,851/- as against Rs.24,32,251/-, along with interest at the rate of six per cent per annum (as against 7%) from the date of petition till its realization.
20. The Insurance Company is directed to deposit the amount of compensation awarded with interest within
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NC: 2024:KHC:50028 MFA No. 2768 of 2018 C/W MFA No. 9814 of 2018 two months from the date of receipt of a certified copy of this judgment.
21. On such deposit, out of the compensation and interest, 70% of the same shall be invested in a fixed deposit in the name of the claimant in any nationalized bank or post office for a period of ten years. The claimant shall be at liberty to withdraw the periodical interest accrued thereon. Balance 30% of the compensation shall be paid to the claimant on proper identification.
22. These appeals are accordingly disposed of.
Sd/-
(N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 51