THE MANAGER (LEGAL) v. SADANA G.N

(BY SRI. PRADEEP B., ADVOCATE) AND: …APPELLANT

SADANA G.N., D/O NAGESHA, AGED ABOUT 23 YEARS, R/AT GANDALU VILLAGE, DUDDA HOBLI, MANDYA TALUK & DISTRICT – 590 725.

CHANDRASHEKAR G.B., S/O BASAVARAJU, MAJOR, GANDALU VILLAGE AND POST, - 2 - NC: 2024:KHC:27700 MFA No. 1040 of 2019 DUDDA HOBLI, MANDYA TALUK & DISTRICT – 590 735.

VENKATESH M.Y., S/O NARASIMEGOWDA, R/AT NO 4055, 2ND CROSS, SHANKARA NAGARA, CHANDAGALU LAYOUT, MANDYA CITY – 572 057. (BY SRI.N.S.BHAT, ADVOCATE FOR R1; SRI.DORESWAMACHAR S.P., ADVOCATE FOR R2; NOTICE TO R3 IS DEEMED TO SERVED VIDE ORDER DATED 07.12.2023; R3 SERVED) …RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.08.2018 PASSED IN MVC NO.162/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE CJM, MANDYA, AWARDING COMPENSATION OF RS.13,71,890/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT This appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 10.08.2018 in MVC No.162/2016, passed by the learned I Addl. Senior Civil Judge & CJM, Mandya.

2. The claimant filed a claim petition under Section 166 of the Motor Vehicles Act, seeking just and proper compensation for injuries sustained in a road traffic accident on 21.04.2015. The Tribunal awarded a total compensation of Rs.13,71,890/-, with 70% - 3 - NC: 2024:KHC:27700 MFA No. 1040 of 2019 of the liability assigned to the insurance company and 30% to the owner of the offending vehicle. The insurance company appealing the quantum of compensation and its liability.

3. The learned counsel for the parties was heard, and the Trial Court records were reviewed.

The claimant’s injuries from the road traffic accident on

21.04.2015 are undisputed. At the time of the accident, the claimant was 21 years old. The injuries sustained by the claimant include: • Swelling, tenderness, irregular lacerated wound, and abrasion of skin over the upper third of the right thigh extending to the right inguinal region. • Swelling, tenderness, irregular lacerated wound, and aversion of skin below the first wound. • Swelling, tenderness, irregular lacerated wound over both forearms. • Swelling, tenderness, lacerated wound over the right wrist and abrasion. • Swelling, tenderness, lacerated wound over the right knee.

The doctor, examined as C.W.1, concluded that the magnitude of disability was 30.11% concerning the lower limb. The Tribunal assessed the functional disability at 70%, considering that - 4 - NC: 2024:KHC:27700 MFA No. 1040 of 2019 the claimant was an active sportsman, as evidenced by the certificates produced at Exhibits P19 to 39, which are undisputed.

In the absence of proof of income, the notional income of the claimant is assessed at Rs.9,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority. This contrasts with the Rs.8,000/- per month assessed by the Tribunal. The claimant has suffered a functional disability exceeding 20%. Therefore, he is entitled to future prospects at 40%.

Given the nature of injuries sustained and re-assessment of the notional income, the compensation awarded by the Tribunal is reassessed as follows: Compensation under different Heads Loss on disability Medical expenses Pain and sufferings Loss during laid up period and future medical expenses Food, diet, transportation As awarded by the Tribunal (Rs.) 12,09,600 1,07,290 20,000 25,000 10,000 As awarded by this Court (Rs.) 6,80,400 1,07,290 75,000 45,000 (9000*5) 50,000 Loss of amenities - Total 13,71,890 50,000 10,07,690 - 5 - NC: 2024:KHC:27700 MFA No. 1040 of 2019

The liability fastened on the insurance company and the owner of the offending vehicle at 70%-30% is retained.

The amount in deposit to be transmitted to the jurisdictional Tribunal. Sd/- JUDGE RKA