The High Court
Case Details
- 1 - NC: 2025:KHC:4175 MFA No. 7168 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 7168 OF 2022 BETWEEN: (MV-I) 1. DR VASAVI JAKHAR D/O M S JAKHAR AGED 38 YEARS R/O E 18/58 SECTOR 3 ROHINI EXTENSION DELHI 85 PRESENT ADDRESS DR VASAVI JAKHAR D/O M S JAKHAR PG STUDENT SDM AYURVEDHA COLLEGE HOSTEL THANNIRUHALLA HASSAN 573201 Digitally signed by KAVYA R Location: High Court of Karnataka (BY SRI. GIRISH B BALADARE.,ADVOCATE) …APPELLANT - 2 - NC: 2025:KHC:4175 MFA No. 7168 of 2022 AND: 1. THE MANAGER UNITED INDIA INSURANCE COMPANY LIMITED NO 40 LAKSHMI COMPLEX K R ROAD BANGALOLRE 560001 REP BY BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LIMITED, VENKATESHWARA BUIDING B M ROAD HASSAN - 573201 2. DEVARAJA N C/O E RAJU MAJOR R/O NO 77A, 1ST MAIN, 1ST CROSS MUNISUBBAREDDY LAYUOUT, MOGASANDRA,BOMMANAHLLI BANGALORE 560068 …RESPONDENTS
Legal Reasoning
(BY SRI.RAKESH.M.T FOR SRI.M.V.CHANDRASHEKAR REDDY FOR R1.,ADVOCATE) V/O DATED: 05.04.2024, NOTICE TO R2 IS D/W. THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED18.01.2020 PASSED - 3 - NC: 2025:KHC:4175 MFA No. 7168 of 2022 IN MVC NO.1636/2016 ON THE FILE OF THE MEMBER, ADDITIONAL MACT, HASSAN, 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 claimant challenging the judgement and award of the Senior Civil Judge, Additional M.A.C.T, Hassan on the ground of inadequate compensation awarded by the Tribunal. 2. Parties to the appeal shall be referred to as per their status before the tribunal. 3. It is the contention of learned counsel for the appellant, that on 07.06.2015 when the claimant was proceeding on the left side of the road near RMC yard, driver of the Car bearing registration No.KA-51-MC-9056 - 4 - NC: 2025:KHC:4175 MFA No. 7168 of 2022 came in the rash and negligent manner and dashed against her from behind and caused the accident. The claimant fell down sustained severe injuries to her left leg thigh and left side of back. Due to injuries suffered she underwent treatment spent financial expenditures. Hence, she filed petition seeking compensation against the respondents. 4. Respondents appeared and filed statement of objections denying the claim of the claimant and sought for dismissal of the claim petition. On the basis of materials placed on record both oral and documentary, the tribunal awarded total compensation of Rs.6,17,929/- rounded off to Rs.6,18,000 along with interest at 9 % per annum and directed the insurance company to pay the compensation. 5. Learned counsel for the appellant contends that the compensation awarded is meagre, inadequate. The tribunal has not taken into consideration the loss of future earning capacity due to the disability suffered by the - 5 - NC: 2025:KHC:4175 MFA No. 7168 of 2022 claimant whereby not awarding any compensation under such head. It is also contended that under other heads also compensation awarded is inadequate same requires to be enhanced. 6. Per Contra, learned counsel representing the Insurance Company vehemently contends that the tribunal has awarded just and reasonable compensation which does not call for any interference. In fact he contends that the compensation awarded is on the higher side under the head loss of income during laid up period and so also towards pain and suffering. He justifies the non awarding of compensation under the head of loss of future earning capacity as the claimant who is a doctor has continued to work as a doctor and the salary of the claimant has increased as admitted in the cross examination. Therefore, he contends that the appeal may be dismissed. 7. Heard the learned counsel for the appellant and learned counsel for the respondent-insurance company. The occurrence of accident, involvement of the vehicle, - 6 - NC: 2025:KHC:4175 MFA No. 7168 of 2022 injuries sustained have been proved by production of Ex.P1 to Ex.P15. Doctor has been examined as PW2 who has opined disability to the left lower limb of 30% and 5% disability to the spine, thereby opined total disability to 35%. On careful examination of the materials on records, it appears that the claimant is an Ayurvedic doctor and continued to work thereafter and earning ₹32,000/- per month as income. As on date of occurrence of accident, it is claimed that the appellant was doing post graduation at SDM Ayurveda college at Hassan and also working as a visiting doctor in a private clinic and earning ₹25,000/- per month. The tribunal has taken the income of the appellant to be Rs.20,000/- per month as no material was placed to assess the income. I do not find any good reason to interfere with the assessment of the income to be Rs.20,000/- per month. With regard to the disability through PW2, the doctor has opined disability at 30% to the left lower limb. In the cross examination, PW1 has admitted that there is no impact or problem on her income as well as carrying out day to day activities. It is also - 7 - NC: 2025:KHC:4175 MFA No. 7168 of 2022 admitted that she is earning now presently Rs.32,000/- per month. Nevertheless, it cannot be denied and disputed that she has met with an accident, suffered physical disability of the left lower limb due to the fracture of Tibia and fibula and also compression fracture of L3 vertebra which the doctor has been opined to be serious. It is also stated in the document at Ex.P8 which is discharge summary that there is a spine injury and functional disability. PW2 has opined disability of 35% that cannot be fully relied upon, as no neuro surgeon, spine surgeon, shoulder neck or head surgeon has provided opinion. This Court can take 5% disability to the spine and 5% physical disability to the left lower limb, in all 10% disability would be assessed for awarding compensation. 8. The age of the claimant as on the date of occurrence of the accident was 32 years, the multiplier can be taken as 16. - 8 - NC: 2025:KHC:4175 MFA No. 7168 of 2022 9. As per loss of future earning capacity, due to disability stated herein above is Rs.3,84,000/- (Rs.20,000/-X 12 X 16 X 10%). 10. Towards pain and sufferings, Tribunal has awarded Rs.80,000/-, this Court deems it appropriate to award Rs.1,00,000/- considering the fact that the claimant suffered spine injuries and was inpatient for 43 days. 11. Towards medical expenses Rs.3,22,929/- is retained, towards diet, food, nourishment, attendant and conveyance charges Rs.60,000/- is retained. Towards loss of income during laid up period Rs.1,00,000/- is retained. Toward loss of amenities Rs.50,000/- is awarded as against Rs.30,000/-. Towards loss of marriage prospects Rs.50,000/- awarded as against Rs.25,000/-. 12. In view of the above discussions, appellant would be entitled for a total compensation of - 9 - NC: 2025:KHC:4175 MFA No. 7168 of 2022 Rs.10,66,929/- as against Rs.6,18,000/- as mentioned in the table below: Heads Amount in Rs. Pain and sufferings Medical expenses Diet,food,nourishment, attendant and conveyance charges 1,00,000.00 3,22,929.00 60,000.00 Loss of future earning capacity 3,84,000.00 Loss of income during laid up period 1,00,000.00 Loss of amenities Loss of marriage prospects 50,000.00 50,000.00 TOTAL 10,66,929-00 13. Accordingly, I pass the following:
Decision
ORDER i) ii) Appeal is allowed in part. The judgment and award dated 18.01.2020 passed by the Motor Accidents Claims Tribunal and Additional Senior Civil Judge, Hassan in MVC.No.1636/2016 is modified; - 10 - NC: 2025:KHC:4175 MFA No. 7168 of 2022 iii) The claimants would be entitled to a sum of Rs.10,66,929/- as against Rs.6,18,000/- awarded by the tribunal along with interest at 9% p.a. iv) The appellant would be entitled to interest at 6% p.a. for enhanced compensation within a period of four weeks from today from the date of receipt of a copy of this order. v) All other terms Stipulated by the tribunal with regard to disbursement and deposit is retained. vi) Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 5