SRI. MOHAN KUMAR T. R. v. SRI. VENKATACHALAIAH

THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MV AWARD THE DATED:08.03.2019 PASSED IN MVC NO.996/2016 ON THE FILE OF JUDGMENT AGAINST AND ACT - 2 - NC: 2025:KHC:36340 MFA No. 6715 of 2019 C/W MFA No. 2201 of 2020 HC-KAR JUDGE AND MACT, THE XIX ADDITIONAL SMALL CAUSES BENGALURU OF COMPENSATION (SCCH-17), RS.3,66,838/- WITH INTEREST AT 7.5% P.A. (EXCLUDING FUTURE MEDICAL EXPENSES) FROM THE DATE OF PETITION TILL ITS REALIZATION. AWARDING IN MFA NO. 2201/2020 BETWEEN: SRI. VENKATACHALAIAH, S/O LATE VENKATARANGAIAH, AGED ABOUT 69 YEARS, R/AT NO.144, BELAKU, NEAR PRASANNA MEDICAL 5TH MAIN, 5TH CROSS, MALLATHAHALLI, BANGALORE - 560 056. (BY SRI. SREEHARSHA, ADVOCATE FOR SMT. SPOORTHY HEGDE N., ADVOCATE) ...APPELLANT AND: SRI. MOHAN KUMAR T. R., S/O RANGASWAMAIAH, TAGGIKUPPE AT POST, KASABA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT. (SERVED AND UNREPRESENTED) ...RESPONDENT THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.03.2019 PASSED IN MVC NO.996/2016 ON THE FILE OF THE XIX ADDITIONAL SCJ AND MACT, BENGALURU (SCH-17 PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - NC: 2025:KHC:36340 MFA No. 6715 of 2019 C/W MFA No. 2201 of 2020 HC-KAR ORAL JUDGMENT Aggrieved by the award passed in MVC.No.996/2016 dated 08.03.2019 by the XIX Additional Small Causes Judge & MACT, Bangalore, whereby the Tribunal had granted compensation of an amount of Rs.3,66,838/-, both the owner of the vehicle as well as the claimant are before this Court. The owner’s appeal is MFA.No.6715/2019 and claimant’s appeal is MFA.No.2201/2020.

#2. The claim petition was filed seeking compensation of an amount of Rs.5,00,000/- for the injuries sustained in the road traffic accident. The facts of the case are that on

08.06.2015 at about half past seven in the evening, the claimant was walking on Magadi-Solur road, Thaggikuppe, Magadi Taluk, at that time, a TVS XL moped came there being ridden by its rider in high speed, in a rash and negligent manner and dashed against the claimant. Due to the impact, he fell to ground and sustained grievous injuries.

#3. The Tribunal on the aspect of liability had held that the offending vehicle is not insured and there is no insurance policy. Hence, the owner of the vehicle is liable to pay the - 4 - NC: 2025:KHC:36340 MFA No. 6715 of 2019 C/W MFA No. 2201 of 2020 HC-KAR compensation. The Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded

#1. Pain and suffering : Rs. 40,000/-

#2. Attendant charges, extra food and conveyance expenses : Rs. 20,000/-

#3. Medical Expenses : Rs. 1,22,358/-

#4. Loss of income during : Rs. 21,000/- laid up period Loss of income due to permanent disability Loss of future amenities and happiness Future medical expenses

#7. : Rs. 1,23,480/- : : Rs. 20,000/- Rs. 20,000/- TOTAL : Rs. 3,66,838/-

#4. Learned counsel appearing for the owner of the vehicle submits that the Tribunal without considering the evidence on record had granted compensation of an amount of Rs.3,66,838/-. The Tribunal had taken the disability at 21% which is on the higher side. The Tribunal ought not to have taken an amount of Rs.7,000/- per month as the income of the claimant. It is submitted that on all counts, the compensation that was awarded by the Tribunal is on the higher side. - 5 - NC: 2025:KHC:36340 MFA No. 6715 of 2019 C/W MFA No. 2201 of 2020 HC-KAR

#5. Learned counsel appearing for the claimant submits that the accident had taken place in the year 2015 and the Tribunal ought to have taken the income of the claimant at Rs.9,000/- per month. Further, it is submitted that the Tribunal had rightly taken 21% as disability and on all counts, the compensation needs to be enhanced.

#6. Having heard the learned counsels on either side, perused the entire material on record. The accident had taken place in the year 2015 and as per the chart prepared by the Karnataka State Legal Services Authority, the Tribunal ought to have taken the income of the claimant at Rs.9,000/- per month. Considering the tear of both horns of lateral meniscal of the right knee joints and dislocation of right knee joint, this Court is inclined to grant an amount of Rs.50,000/- under the head of pain and suffering. Considering the 31 days of hospitalization, this Court is granting an amount of Rs.31,000/- towards attendant charges, extra food and conveyance expenses. Towards medical expenses, the Tribunal had rightly granted the compensation and no interference is called for. Considering the income of the - 6 - NC: 2025:KHC:36340 MFA No. 6715 of 2019 C/W MFA No. 2201 of 2020 HC-KAR claimant at Rs.9,000/- per month, for three months, this Court is granting an amount of Rs.27,000/- (Rs.9,000x3) towards loss of income during laid up period. The Tribunal had rightly taken the disability at 21% as per the evidence of the doctor. Hence, towards loss of income due to permanent disability, this Court is granting an amount of Rs.1,58,760/- (Rs.9,000x12x7x21/100). Considering the disability of 21%, this Court is granting an amount of Rs.30,000/- towards loss of future amenities and happiness. Towards future medical expenses, the Tribunal had already granted an amount of Rs.20,000/- and no interference is called for.

#7. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M. Malathi and Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses.

#8. The claimant is therefore, entitled to the compensation under the following heads: 1 (2014) 11 SCC 178 - 7 - NC: 2025:KHC:36340 MFA No. 6715 of 2019 C/W MFA No. 2201 of 2020 HC-KAR SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court

#1. Pain and suffering : Rs. 40,000/- 50,000/-

#2. Attendant charges, extra food and conveyance expenses : Rs. 20,000/- 31,000/-

#3. Medical Expenses : Rs. 1,22,358/- 1,22,358/-

#4. Loss of income during laid up period

#7. Loss of income due to permanent disability Loss of future amenities and happiness Future medical expenses : Rs. 21,000/- 27,000/- : Rs. 1,23,480/- 1,58,760/- : Rs. 20,000/- 30,000/- : Rs. 20,000/- 20,000/-

#8. Legal expenses : Rs. 00/- 10,000/- TOTAL : Rs. 3,66,838/- 4,49,118/- Enhancement : Rs. 82,280/-

#9. Altogether, the claimant is entitled for compensation of an amount of Rs.4,49,118/-.

#10. Accordingly, MFA.No.2201/2020 filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.3,66,838/- to Rs.4,49,118/-. - 8 - NC: 2025:KHC:36340 MFA No. 6715 of 2019 C/W MFA No. 2201 of 2020 HC-KAR

#11. MFA.No.6715/2019 filed by the owner of the vehicle is partly allowed by reducing the interest from 7.5% p.a. to 6% p.a. i. The amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The amount in deposit shall be forthwith transmitted to the Tribunal. iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv. The owner of the vehicle shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. v. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. vi. The delay of 226 days is condoned by this court, on the condition that the claimant will not be entitled for the interest for the said period. Hence, the owner of the vehicle is not liable to pay the interest for the delayed period. vii. No costs. - 9 - NC: 2025:KHC:36340 MFA No. 6715 of 2019 C/W MFA No. 2201 of 2020 HC-KAR viii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 20