The High Court
Case Details
- 1 - NC: 2025:KHC:5561 MFA No. 5923 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 5923 OF 2023 (MV-I) BETWEEN: G.S.LOKESH, S/O SHANKARA LINGAIAH, AGED ABOUT 42 YEARS, RESIDING AT GOOLAHALLI, DOODAYALKURU GRAMA PANCHAYATH, I.D.HALLLI HOBLI, MADHUGIRI TALUK. NOW RESIDING AT 1ST CROSS, YELLAPURA, TUMAKURU CITY - 572 101. …APPELLANT Digitally signed by KAVYA R Location: High Court of Karnataka (BY SRI. SHANTHARAJ.K., ADVOCATE) AND: 1. RANGANATHA K.C., S/O CHIKKANNA, AGED ABOUT 39 YEARS, RESIDING AT HULIKUNTE HOBLI, SIRA TALUK - 571 237. 2. THE MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED. BALAJI TOWERS, 1ST FLOOR, ASHOK NAGAR, B.H. ROAD, TUMAKURU - 572 101.
Legal Reasoning
(BY SRI.D.VIJAYAKUMAR, ADVOCATE FOR R2; …RESPONDENTS - 2 - NC: 2025:KHC:5561 MFA No. 5923 of 2023 NOTICE TO R1 IS DISPENSED WITH V/O/DATED 11/09/2023) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.12.2022 PASSED IN MVC NO.299/2019 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 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 being dissatisfied with the inadequate compensation awarded by the Court of III Additional Senior Civil Judge and MACT, Tumakuru (for short ‘the tribunal’) dated 31.12.2022 passed in MVC.No.299/2019. Consequently, seeking enhancement of compensation. 2. Parties to the appeal shall be referred to as per their status before the tribunal. 3. Brief facts of the case are as under: On 05.12.2018 at about 4.45 p.m., when the claimant was ridding a TVS XL Heavy duty vehicle bearing Reg No.KA-64-R-442, at that time, the driver of auto- - 3 - NC: 2025:KHC:5561 MFA No. 5923 of 2023 rickshaw bearing Reg No.KA-64-109 has parked his vehicle middle of the road and suddenly took a reverse turn and dashed against the front portion of the vehicle of appellant-claimant. Due to which appellant-claimant fell down and sustained injuries to his body. Hence, he filed a claim petition seeking compensation against the owner of the auto-rickshaw and the Insurance Company. 4. The respondents on appearance denied the claim so made and pleaded that the negligence was due to the appellant-claimant and sought for dismissal of the claim petition. 5. On the basis of material evidence, both oral and documentary, the tribunal awarded total compensation of Rs.2,62,682/- along with interest at 6% per annum and directed the respondent No.2-Insurance Company to deposit the compensation. 6. It is the vehement contention of learned counsel for the appellant-claimant that the compensation awarded by the tribunal is extremely on the lower side. - 4 - NC: 2025:KHC:5561 MFA No. 5923 of 2023 The tribunal has not appreciated materials, facts and evidence. The tribunal has failed to take correct income as per what is stated in the claim petition. So also the tribunal has committed an error in assessing the disability contrary to the evidence adduced by the Doctor-PW.2. So also under other heads, the tribunal has awarded inadequate compensation, which requires enhancement. Hence, he seeks to allow this appeal. 7. Per contra, learned counsel representing the respondent No.2-Insurance Company sustains the impugned order on the ground that the just and reasonable compensation is awarded and the same does not call for interference. It is also contended that the tribunal has taken into consideration all relevant materials placed on record and the evidence adduced by the parties themselves including the Doctor-PW.2. Therefore, he seeks dismissal of the appeal. 8. I have heard learned counsel for the appellant- claimant and learned counsel for the respondent- - 5 - NC: 2025:KHC:5561 MFA No. 5923 of 2023 Insurance Company, the occurrence of the accident, involvement of the vehicle and injuries sustained by the appellant-claimant, medical expenses expended and the disability have been established and proved by the production of Exs.P.1 to P.18. Therefore, the negligence is rightly attributed against the driver of the auto-rickshaw, which is insured with respondent No.2-Insurance Company. 9. Now coming to the question of age, avocation, income, disability and appropriate multiplier, the age of the claimant as on the date of occurrence of the accident is 38 years and the multiplier is taken at '15', which is correct, same does not call for interference. The tribunal has taken the income at Rs.10,000/- per month, on the basis of evidence adduced by the appellant-claimant himself. Though it is the vehement contention of the learned counsel for the appellant-claimant that as per the claim petition the income stated is Rs.15,000/- per month that ought to have been taken by tribunal rather than - 6 - NC: 2025:KHC:5561 MFA No. 5923 of 2023 Rs.10,000/- which is on the lower side. This amount of income is taken by the tribunal on the basis of the evidence adduced by the claimant himself, which is not been improved by the claimant either in re-examination or cross-examination. Therefore, on the basis of the evidence of claimant, income taken at Rs.10,000/- is retained. 10. Doctor is examined as PW.2, who has opined disability to an extent of 33% to the limb and 11% to the wholebody. Whereas, in the cross-examination the Doctor- PW.2 has admitted that the disability to particular limb by 20% and wholebody disability at 7%. Whereas, the tribunal has reduced the disability to 5%, which may not be correct and I am in agreement with learned counsel for the appellant-claimant that disability arrived by the tribunal is lower side, disability is required to be taken at 7% based on the evidence adduced and admitted in the cross-examination by the doctor. Under these circumstances, the loss of future income would be Rs.1,26,000/- (Rs.10,000 x 12 x 15 x 7%) as against Rs.90,000/- awarded by the Tribunal. - 7 - NC: 2025:KHC:5561 MFA No. 5923 of 2023 11. Towards medical bills Rs.66,282/-, pain and suffering at Rs.50,000/- is awarded by the tribunal. Same is retained. 12. Towards loss of amenities, Rs.35,000/- is awarded as against Rs.25,000/-. 13. Towards loss of income during laid up period, Rs.6,400/- and future medical expenses Rs.25,000/- is warded by the tribunal. same is retained. 14. In view of the discussions made hereinabove, the appellant - claimant would be entitled to total compensation of Rs.3,08,682/- as against Rs.2,62,682/- as mentioned in the table below: Sl. No. Head of compensation Amount of compensation awarded 1 Loss of future income 1,26,000-00 2 Pain and suffering 3 4 Loss of amenities Loss of income during laid-up period 50,000-00 35,000-00 6,400-00 - 8 - NC: 2025:KHC:5561 MFA No. 5923 of 2023 5 Food, nourishment, attendant and conveyance charges 6 Medical bills 7 Future medical expenses NIL 66,282-00 25,000-00 TOTAL 3,08,682-00 15. Accordingly, I pass the following:
Decision
ORDER i) The appeal is allowed in part. ii) The impugned Judgment & Award dated 31.12.2022 passed by the III Additional Senior Civil Judge and MACT at Tumakuru in MVC No.299/2019, is modified. iii) The appellant-claimant would be entitled to total compensation of Rs.3,08,682/- as against Rs.2,62,682/- awarded by the tribunal along with interest at 6% per annum. iv) The enhanced compensation amount shall be paid with interest at 6% per annum within a period of four weeks from the date of receipt of copy of this judgment. v) The compensation amount shall be released in favour of the appellant-claimant as per the - 9 - NC: 2025:KHC:5561 MFA No. 5923 of 2023 terms of the tribunal by electronic transfer to the claimant upon furnishing the required bank details/upon proper identification. vi) All other terms and conditions stipulated by the tribunal shall stand intact. vii) Registry is directed to transmit the original records to the jurisdictional tribunal forthwith. Sd/- (PRADEEP SINGH YERUR) JUDGE AMA List No.: 1 Sl No.: 6