The High Court
Case Details
- 1 - NC: 2025:KHC:424 MFA No. 1370 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.1370 OF 2023 (MV-I) BETWEEN: TEJASWINI D/O.RAGHURAM BHANDARI W/O.ANIL KUMAR B. AGED ABOUT 25 YEARS PERMANENTLY RESIDING NEAR SRI ANNAPOORNESHWARI TEMPLE HORANADU, MUDIGERE CHIKMAGALURU-577 181 NOW R/AT DOOR NO.12-84 OPP. TO KULALA BHAVANA THADAMBAIL, SURATHKAL MANGALURU, D.K.DISTRICT-575 014 (BY SRI G.RAVISHANKAR SHASTRY, ADVOCATE) …APPELLANT Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA AND: 1. ANIL D' MELLO S/O.LATE GREGORY D' MELLO MAJOR R/AT MELONA CATERERS NEAR RAILWAY BRIDGE KATAPADY UDUPI-574 105 2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO.LTD. RAMBHAVAN COMPLEX KODIALBAIL, MANGALURU D.K. DISTRICT-575 003 (BY SRI H.C.VRUSHABHENDRAIAH, ADVOCATE FOR R-2; NOTICE TO R-1 IS DISPENSED V/O.DATED 27.02.2023) …RESPONDENTS - 2 - NC: 2025:KHC:424 MFA No. 1370 of 2023 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1881, PRAYING TO MODIFY/SET-ASIDE THE JUDGMENT AND AWARD DATED 12.08.2022 PASSED IN MVC NO.964/2018 BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AND MEMBER, MACT-I, D.K, MANGALURU. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT This appeal is preferred by the appellant-claimant challenging the judgment and award dated 12.08.2022 passed in MVC.No.964/2018 by the Court of the Principal District and Sessions Judge and Member, MACT-1, D.K., Mangaluru (for short ‘the tribunal’). The appeal is preferred on the premise of inadequate and meager compensation awarded by the tribunal. 2. Though this matter is listed for admission, with
Legal Reasoning
consent of learned counsels for both parties, it is taken up for final disposal. - 3 - NC: 2025:KHC:424 MFA No. 1370 of 2023 3. Parties to the appeal shall be referred to as per their status before the tribunal. 4. Brief facts of the case are as under: On 14.01.2018, the claimant was travelling along with another by name Anil Kumar in a car bearing registration No.KA-20-M-8912 from Kateel temple towards Udupi. When they reached near Shirva Desh Motors, Shirva Village, Udupi Taluk, the driver of a Tempo bearing registration No.KA-20-D-7628 came from opposite direction by driving the same with high speed and in a rash and negligent manner to the extreme wrong side of the road and dashed against the car, which was driven by the said Anil Kumar. Due to the impact of the accident, the claimant and other passengers were seriously injured. The claimant was immediately taken to Kasturba Hospital, Manipal for treatment, where she underwent surgery and even after discharge, she continued several follow-up treatment. Therefore, she has incurred huge medical expenses towards travelling and conveyance. - 4 - NC: 2025:KHC:424 MFA No. 1370 of 2023 4.1 It is stated that the claimant was working as a Clerk in Sri Horanadu Annapoorneshwari Temple and earning a salary of Rs.9,000/- per month. Due to the injuries, the claimant suffered permanent disability, thereby she lost her future earning capacity. Hence, she filed a claim petition seeking compensation. 4.2 On service of notice, respondent No.2 appeared and filed written statement denying the averments made in the claim petition and hence, sought for dismissal of the claim petition. However, respondent No.1 did not make his appearance and was placed ex parte. 4.3 On the basis of pleadings, the tribunal framed relevant issues for consideration. 4.4 In order to substantiate the issue and to establish the case, the claimant got examined herself as PW.1 and the Doctor as PW.3 and got marked documents from Exs.P1 to P195. On the contrary, respondent No.2 got marked a document as Ex.R1, however, no evidence was adduced. - 5 - NC: 2025:KHC:424 MFA No. 1370 of 2023 4.5 On the basis of material evidence produced by the parties, the tribunal awarded the compensation of Rs.8,46,120/- along with interest @ 6% p.a. and directed respondent No.2-Insurance Company to pay the compensation within a period of 08 weeks. 4.6 Being aggrieved by the meager compensation amount awarded by the tribunal, the claimant is before this Court seeking enhancement of compensation. 5. It is the vehement contention of learned counsel for appellant-claimant that the compensation awarded by the tribunal is erroneous and extremely on the lower side. The tribunal has not taken into consideration the magnitude of the injuries suffered by the claimant, so also, she underwent several surgeries and treatment, time and again taken by the claimant by visiting the Hospital. It is further contended that the tribunal has failed to take into consideration the medical bill at Ex.P132, wherein Rs.2,46,430/- was expended by the claimant for the items purchased towards the treatment and supplied to the - 6 - NC: 2025:KHC:424 MFA No. 1370 of 2023 Hospital for ongoing treatment with regard to the injuries suffered during the Road Traffic Accident. 5.1 It is also vehemently contended by learned counsel for claimant that there is loss of earning capacity due to disability suffered in the Road Traffic Accident. It is also contended that the tribunal has failed to take into consideration the age and employment of the claimant as she was working as a Clerk in Sri Horanadu Annapoorneshwari Temple and earning a salary of Rs.9,000/- per month. Thought the claimant may not have produced necessary documents to prove her salary, but the fact remains that the accident has happened while she was travelling back from the temple, which would be sufficient enough to show that she was working in the said temple. 5.2 It is also contended that PW.3-Doctor, who is a treated Doctor, has categorically stated that the claimant was having pain in bilateral TEMJ, partial facial nerve weakness and Paresthesia, difficulty in chewing hard food - 7 - NC: 2025:KHC:424 MFA No. 1370 of 2023 and scarring on the face, thereby causing 25% to 30% permanent physical disability. This aspect has been ignored by the tribunal in awarding just and reasonable compensation. It is also contended that the tribunal has failed to award compensation under the head loss of income during laid up period and food, nourishment, attendant and conveyance charges during the treatment period. Hence, he seeks to enhance the compensation. 6. Per contra, learned counsel for respondent- Insurance Company opposes the arguments put-forth by learned counsel for claimant on the ground that no material documents are placed before the Court to establish the employment of the claimant and to show her income. Therefore, the same cannot be taken into consideration and the tribunal has rightfully not considered the same. The compensation awarded by the tribunal is just and reasonable, which does not call for interference. Hence, he seeks dismissal of the appeal. - 8 - NC: 2025:KHC:424 MFA No. 1370 of 2023 7. Having heard learned counsel for appellant- claimant and learned counsel for respondent-Insurance Company, the occurrence of accident, involvement of vehicle and injuries suffered by the claimant due to the accident, are proved by production of documentary evidence. Therefore, the negligence is rightly attributed against the driver of the offending vehicle. 8. Now coming to the aspect of age, avocation, income and appropriate multiplier to be adopted, it is seen that the claimant was aged 20 years as on the date of occurrence of accident. Though the claimant stated that she is working as a Clerk in Sri Horanadu Annapoorneshwari temple, but she has not produced any document to substantiate the same. Nevertheless, even if she has not produced any document, the Court can take nominal amount as per the notional income chart of the Legal Services Authority. In view of the same, the notional income chart prescribes the income of Rs.12,500/- per month for the accident of the year 2018. - 9 - NC: 2025:KHC:424 MFA No. 1370 of 2023 9. The claimant has got examined the Doctor as PW.3, who opined that the claimant has sustained lacertation over left cheek, chin, left eye-brow, swelling over left side of face and nose, swelling and deformity over right wrist. He also opined that the injuries are grievous in nature and the claimant suffered permanent physical disability of 25% to 30%. This Court has looked into the medical records and other records produced by the claimant. The photographs produced at Exs.P14 to P24 clearly depict the magnitude of injuries suffered by the claimant and the medical bills and prescriptions are also examined. On careful perusal of these documents, apparently, it is seen that the claimant has sustained deformity over right wrist and injury to left body of mandible, left lefort III, right lefort II, bilateral, Zygomatico Maxillary Complex (ZMC) and Naso Orbito Ethmoid (NOE) facture, which appears to be serious in nature. - 10 - NC: 2025:KHC:424 MFA No. 1370 of 2023 10. Under the circumstances, though this Court is not inclined to accept the disability of 30% as opined by the PW.3-Doctor that the claimant suffered permanent physical disability of 25% to 30%, on a meticulous examination of the medical records placed before the Court, it appears that the claimant has sustained serious injuries. Even if the claimant has not produced any material to show that she was employed and earning income, this Court is of the opinion to take the income of the claimant at Rs.9,000/- per month as the same is declared by herself and the disability at 8% by dividing 1/3rd from 25% as opined by the Doctor. The claimant being aged 20 years as on the date of accident, the appropriate multiplier applicable to the present case is '18'. Therefore, the claimant is entitled to a sum of Rs.1,55,520/- (Rs.9,000/- x 12 x 18 x 8%) towards loss of future earning capacity. 11. The tribunal awarded a sum of Rs.7,86,118/- towards medical expenses. However, the tribunal has not - 11 - NC: 2025:KHC:424 MFA No. 1370 of 2023 agreed with the actual medical bills produced by the claimant to an extent of Rs.10,15,648/- on the ground that no convincing evidence is produced. This Court does not agree with the finding given by the tribunal. The claimant has produced the medical bill at Ex.P132 for having purchased the items for mandible surgery and treatment. Therefore, this Court deems it appropriate to award the entire amount of Rs.10,15,648/- towards medical expenses as against Rs.7,86,118/- awarded by the tribunal. 12. The tribunal awarded a sum of Rs.50,000/- towards pain and suffering. However, this Court deems it appropriate to award additional amount of Rs.50,000/- on the ground that the claimant was inpatient for 40 days and thereafter, she visited the Hospital for more than four months for further treatment. Therefore, in all the claimant is entitled for a sum of Rs.1,00,000/- under this head. - 12 - NC: 2025:KHC:424 MFA No. 1370 of 2023 13. The tribunal awarded a sum of Rs.10,000/- towards loss of amenities. However, this Court deems it appropriate to enhance the same to Rs.40,000/-. 14. The tribunal has not awarded any compensation towards loss of income during laid up period. In view of the claimant being inpatient for 40 days and she would require atleast six months period to recuperate and to get back to her normal day to day activities, the claimant would be entitled to Rs.54,000/- (Rs.9,000/- x 6) under this head. 15. The tribunal has also not awarded any compensation towards attendant, food, nourishment, conveyance and transportation charges. However, taking into consideration the claimant taken treatment for 39 days, this Court deems it appropriate to award Rs.39,000/- under this head. - 13 - NC: 2025:KHC:424 MFA No. 1370 of 2023 16. In view of the above, the claimant would be entitled to a total compensation of Rs.14,04,168/- as against Rs.8,46,120/- as mentioned in the table below: Heads Amount in Rs. Loss of future earning capacity Medical expenses Pain and suffering Loss of amenities Loss of income during laid-up period nourishment, food, Attendant, conveyance transportation and charges 1,55,520-00 10,15,648-00 1,00,000-00 40,000-00 54,000-00 39,000-00 TOTAL 14,04,168-00 17. Accordingly, I pass the following: i) ii)
Decision
ORDER The appeal is allowed-in-part; The judgment and award dated 12.08.2022 passed in MVC.No.964/2018 by the Court of the Principal District and Sessions Judge and Member, MACT-1, D.K., Mangaluru, is modified; iii) The claimant is entitled to a total compensation of Rs.14,04,168/- as against Rs.8,46,120/- along with interest @ 6% awarded by the tribunal; - 14 - NC: 2025:KHC:424 MFA No. 1370 of 2023 iv) The enhanced compensation amount shall be paid with interest @ 6% p.a. by respondent- Insurance Company within a period of four weeks from the date of receipt of a copy of this order; v) The original records shall be transmitted to the jurisdictional tribunal forthwith; vi) All other terms and conditions stipulated by the tribunal with regard to release and deposit of the compensation amount is retained. Sd/- (PRADEEP SINGH YERUR) JUDGE LB List No.: 1 Sl No.: 46