SRI MAHESH D. R v. SRI. M. SATISHKUMAR

#2. SRI SATISH KUMAR M., S/O MANJUNATHA C., AGED ABOUT 29 YEARS, R/AT NO.174/ A, III CROSS III MAIN, SHAKTHI GARDENS, MOODALAPALYA, BENGALURU - 560 072. (BY SRI. RAMESH H. N.,ADVOCATE FOR R1; V/O. DATED 09.01.2024- NOTICE TO R2 IS DISPENSED WITH) …RESPONDENTS THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.01.2022 PASSED IN MVC NO.5624/2019 ON THE FILE OF THE IV ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-6, AWARDING COMPENSATION OF RS.6,60,478/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN M.F.A. CROB. NO. 138 OF 2022: BETWEEN: SRI MAHESH D. R., S/O RAVIKUMAR D L AGED ABOUT 29 YEARS R/AT NO 21 'CHANDRAMOULESHWARA NILAYA', II FLOOR, 3RD CROSS, SHIVANANDANAGAR, MOODALAPALYA, NAGARABHAVI MAIN ROAD, BENGALURU - 560 072. …CROSS OBJECTOR (BY SRI. H. N. RAMESH, ADVOCATE) AND:

#1. SRI. M. SATISHKUMAR, S/O. MANJUNATHA C., AGED ABOUT 29 YEARS, R/AT NO.174/ A, 3RD CROSS, 3RD MAIN, SHAKTHI GARDENS, MOODALAPALYA - 3 - NC: 2024:KHC:31904 MFA No. 3861 of 2022 C/W MFA.CROB No. 138 of 2022 BENGALURU - 560 072. (OWNER OF THE TWO - WHEELER HERO HONDA KARISHMA , VEHICLE NO KA-41-Y-9988)

#2. TATA AIG GENERAL INSURANCE CO. LTD., NO. 69, 2ND FLOOR, JP & DEVI, JAMBUKESHWAR ARCADE, MILLERS ROAD, BENGALURU - 560 052. (INSURER OF THE TWO WHEELER HERO HONDA KARISHMA, BEARING REG NO KA-41-Y-9988, VIDE POLICY NO. 015889307900 VALID FROM 11-10-2018 TO 10-10-2019). …RESPONDENTS (BY SRI. MURALIDHAR NEGAVAR, ADVOCATE FOR R2; V/O. DATED 20.01.2024, NOTICE TO R1- IS DISPENSED WITH) THIS MFA CROB FILED UNDER ORDER 41 RULE 22 R/W SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.01.2022 PASSED IN MVC.NO.5624/2019 ON THE FILE OF THE IV ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MACT, BENGALURU SCCH-6 PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA AND MFA.CROB., COMING ON FOR ADMISSION, THIS DAY, THEREIN AS UNDER: JUDGMENT WAS DELIVERED CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 4 - NC: 2024:KHC:31904 MFA No. 3861 of 2022 C/W MFA.CROB No. 138 of 2022 ORAL JUDGMENT Heard Sri. Muralidhara.N learned counsel appellant in MFA No.3861/2022 who representing respondent No.2 in MFA Crob No.138/2022. Also heard Sri. Ramesh.H.N. learned counsel for respondent No.1 in MFA No.3861/2022 who is appearing for appellant in MFA Crob No.138/2022.

#2. These two appeals arose out of the order that is passed by the Motor Accident Claims Tribunal, Bengaluru, in MVC No.5624/2019, dated 29.01.2022. The Tribunal through the impugned order awarded a sum of Rs.6,60,478/- as compensation as against the claim for Rs.20,00,000/-. When the Insurance Company contends that the amount awarded as compensation is excessive and exorbitant, the claimant projects that the sum granted is highly unjustifiable and that the said sum does not commensurate to the loss sustained.

#3. Arguing the matter learned counsel Sri. Muralidhar.N submits that the claimant as per his own version was working as a consultant in a company. No material is produced to show that he retired from service after the accident or that his - 5 - NC: 2024:KHC:31904 MFA No. 3861 of 2022 C/W MFA.CROB No. 138 of 2022 services were terminated. The claimant continued to receive his salary even after the accident. However, without considering the said fact, the Tribunal awarded a sum of Rs.1,83,600/- towards future loss of income on account of disability. Learned counsel states that awarding such an amount is unjustifiable. The learned counsel also contends that the Tribunal has awarded exorbitant amount under all other heads and therefore, the amount granted as compensation should be reduced.

#4. Vehemently opposing the submission thus made, Sri. Ramesh.H.N. learned counsel for claimant states that the claimants sustained grievous injuries due to the accident and became permanently disabled. Learned counsel also states that as per contents of Ex.P11-appointment letter, in case the employee fails to attend his duties for continuous period of three days without intimation, it will be deemed that services are terminated and the claimant due to the injuries sustained, could not attend his duties and thus, his services were terminated. Learned counsel also states that the claimant was earning a sum of Rs.25,000/- per month as salary. But the Tribunal took the national income as Rs.9,000/- per month and - 6 - NC: 2024:KHC:31904 MFA No. 3861 of 2022 C/W MFA.CROB No. 138 of 2022 awarded a meager sum as compensation under the head loss of future income on account of disability.

#5. Learned counsel also states that as per the evidence of PW2, the claimant is required to spend a sum of Rs.1,75,000/- for ACL reconstruction. But the Tribunal awarded a sum of Rs.1,00,000/- only towards future medical expenses and therefore, it requires enhancement.

#6. It is not in dispute that the claimant produced and got marked the appointment letter as Ex.P11 and the bank statement as Ex.P12. However, the claimant did not take steps to establish the genuineness of those documents. What prevented the claimant to examine his employer is not forthcoming. Production of documents does not mean that those documents are proved before the Court. The claimant is under obligation to establish the genuineness of the documents over which he relies upon. However, the appellant did not choose to do so.

#7. The disability as assessed by PW2 is 30% in respect of limb. As per the contents of Ex.P7-wound certificate, the claimant sustained Intercondylar tibial spinal - 7 - NC: 2024:KHC:31904 MFA No. 3861 of 2022 C/W MFA.CROB No. 138 of 2022 fracture (rt) knee and IDR (rt) knee with ACL tear (Rt) knee. Those two injuries are grievous in nature. The claimant took treatment as inpatient only for three days as per the contents of Ex.P7. The Tribunal awarded a sum of Rs.6,60,478/- as compensation divided under the following heads: Head of compensation

#1. Pain and sufferings 2. Loss of amenities 3. Future loss of income on account of disability

#4. Loss of income during laid up period

#5. Medical expenditure 6. Diet and Transportation expenditure

#7. Further medical expenses Amount In Rs. 1,00,000/- 1,00,000/- 1,83,600/- 54,000/- 1,16,878/- 6,000/- 1,00,000/- TOTAL 6,60,478/-

#8. As rightly submitted by Sri. Muralidhar.N learned counsel for the Insurance Company, the Tribunal awarded exorbitant sum under the head pain and suffering, loss of amenities and loss of income during laid up period. The claimant who took treatment as inpatient only for a period of three days is expected to attend normal duties atleast in 3 months. - 8 - NC: 2024:KHC:31904 MFA No. 3861 of 2022 C/W MFA.CROB No. 138 of 2022

#9. As rightly contended by learned counsel Sri. Ramesh.H.N., as the Karnataka State Legal Services Authority is taking the notional income as Rs.14,000/- per month for the relevant period, the Tribunal ought to have taken the said figure into consideration for assessing the loss of income due to permanent disability. The disability as assessed by Tribunal i.e., 10% in respect of whole body and the appropriate multiplier to be applied ’17’ needs no interference. Thus, loss of future income due to permanent physical disability if calculated will be as under: Description Amount In Rs. 14,000-00 Notional Income per month Annual Income (14,000X12) 1,68,000-00 applying appropriate multiplier '17' 28,56,000-00 2,85,600-00 10% being permanent disability

#10. Considering the nature of injuries sustained, the period of treatment taken and assessment of disability, this Court is of the view that the just compensation the appellant entitled to will be as under: Sl No. 1 Compensation Compensation under pain and suffering 2 Loss of amenities in life Amount in Rs. 60,000-00 50,000-00 - 9 - NC: 2024:KHC:31904 MFA No. 3861 of 2022 C/W MFA.CROB No. 138 of 2022 3 4 5 6 7 Loss of future earnings on account of permanent physical disability Loss of income during laid up period(14,000X3) Medical expenditure Diet and Transportation charges Future medical expenses Total 2,85,600-00 42,000-00 1,16,878-00 10,000-00 1,00,000-00 6,64,478-00 Thus in the light of the foregoing discussion, both the appeals are disposed of with the following: ORDER (i) MFA 3861/2022 is dismissed without costs. (ii) MFA Crob No.138/2022 is allowed in part. (iii) The compensation that is awarded by the Motor Accident Claims Tribunal, Bengaluru through orders in MVC No.5624/2019, dated 29.01.2022 enhanced by Rs.4,000/-. (iv) The enhanced sum shall carry interest at the rate 6% per annum from the date of petition till the deposit. (v) The Insurance company is directed to deposit enhanced sum within a period of 8 weeks from the date of receipt of copy of this order. - 10 - NC: 2024:KHC:31904 MFA No. 3861 of 2022 C/W MFA.CROB No. 138 of 2022 (vi) Amount if any deposit before this Court be transmitted to the concerned Tribunal immediately. (vii) Records to be returned to the concerned Tribunal. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS List No.: 1 Sl No.: 33