SRI. K. J. SHIVANNA v. SRI MAHESHA

(BY SRI. O MAHESH, ADVOCATE FOR R2; V/O DTD 1.8.2024 NOTICE TO R1 IS H/S) …RESPONDENTS THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.23.03.2019 PASSED ON MVC NO.492/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, ARKALGUD, 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 UMESH M ADIGA ORAL JUDGMENT This appeal has been filed by the claimant challenging the judgment and award dated 23rd March 2019, passed by the Senior Civil Judge and Motor Accident Claims Tribunal, Arkalgud, (for short `Tribunal'), in MVC No.492/2018, seeking enhancement of compensation. Though this appeal is slated for admission, with the consent of both the sides, it is taken up for final disposal. - 3 - NC: 2025:KHC:39962 MFA No. 557 of 2020 HC-KAR

2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

3. The brief facts of the case are that, the claimant met with an accident on 26.07.2017, due to rash and negligent riding of the motorcycle bearing registration No.KA-13/EK-

7329. As a result, the claimant sustained grievous injuries. He has suffered permanent disability. With these reasons, he prayed to award compensation of Rs.30,00,000/-.

4. Respondent No.1 is the owner and respondent No.2 is the insurer of the offending vehicle. Respondent No.2 in its written statement denied the contents of the claim petition and denied its liability to pay the compensation. With these reasons, prayed to dismiss the claim petition.

5. From the rival contentions of the parties, the Tribunal framed necessary issues.

6. The claimant to prove his case examined four witnesses as PW-1 to PW-4 and marked 151 documents, as per Exs.P-1 to P-151. Respondents have not led any oral and documentary evidence. - 4 - NC: 2025:KHC:39962 MFA No. 557 of 2020 HC-KAR

7. The Tribunal after hearing both parties held that the accident occurred due to rash and negligent riding of the motorcycle by its rider. It assessed the income of the claimant at Rs.5,000/- per month; assessed the disability at 6% to the whole body and applied the multiplier as `9' and awarded the following amount of compensation: Particulars Amount in Rs. Pain and agony Medical expenses Food, charges conveyance and attendant 30,000/- 1,98,300/- 4,000/- Loss of future income due to disability 32,400/- Loss of income during laid up period 5,000/- Loss of future amenities Future operation charges Total 10,000/- 40,000/- 3,19,700/-

8. Being dissatisfied with the award passed by the Tribunal, the claimant has filed present appeal seeking enhancement of the compensation. - 5 - NC: 2025:KHC:39962 MFA No. 557 of 2020 HC-KAR

9. Learned counsel for the appellant submits that the Tribunal has not properly assessed the income of the claimant; disability assessed by the Tribunal is also on the lower side. The claimant had spent more than Rs.6,00,000 towards medical expenses, but the Tribunal has awarded a sum of Rs.1,98,300/- towards medical expenses. Therefore, the total compensation awarded is highly inadequate. Hence, he prayed to enhance the same.

10. Perused the material placed before this Court as well as records of the Tribunal. The respondents have not filed any appeal against the impugned judgment. The fact of the accident and injuries sustained by the claimant are not in dispute. Therefore, there is no need to reconsider the same.

11. The accident had taken place during the year 2017. It is true that the claimant was unable to substantiate his contention that he was earning Rs.50,000/- per month by milk vending. Therefore, the Tribunal has assessed his notional income at Rs.5,000/- per month, it is on the lower side. Following the chart prepared by the Karnataka State Legal - 6 - NC: 2025:KHC:39962 MFA No. 557 of 2020 HC-KAR Services Authority, notional income of the claimant is taken as Rs.11,000/- per month.

12. The claimant has sustained fractures of facial bones. Therefore, contention of the claimant that he has been suffering from permanent disability to an extent of 100% or 18%, as stated by the doctor, is not tenable. Evidence of doctor might be physical disability and not functional disability. The Tribunal assessed permanent disability at 6% to the whole body and it is not challenged by the respondents. Therefore, same is taken into consideration for assessment of the compensation. Age of the claimant was taken as 56 years by the Tribunal and applied multiplier as '9', which is proper.

13. The Tribunal by assigning the reasons, has taken the medical expenses at Rs.1,98,300/-. In paragraph No.17 of the impugned judgment, the Tribunal has discussed in this regard and on the basis of medical records produced, has awarded a sum of Rs.1,98,300/- towards 'medical expenses', which does not call for any interference. There are no materials to substantiate contention of the petitioner that he had spent Rs.6,00,000/- towards medical expenses. - 7 - NC: 2025:KHC:39962 MFA No. 557 of 2020 HC-KAR

14. Looking to the amount of compensation awarded, it appears the Tribunal has not awarded adequate compensation under some of the heads, which requires enhancement. Accordingly, following amount of compensation is awarded: Particulars Amount in Rs. Pain and agony Medical expenses Food, Special diet, conveyance and attendant charges 40,000/- 1,98,300/- 25,000/- Loss of income during laid up period 22,000/- (Rs.11,000/- x 2) Loss of future earning capacity due to disability 71,280 (Rs.11,000/- x 12 x 9 x 6%) Loss of amenities Future medical expenses Total Amount awarded by the Tribunal Enhancement- 30,000/- 40,000/- 4,26,580/- 3,19,700/- 1,06,880/- Rounded off- 1,07,000/- - 8 - NC: 2025:KHC:39962 MFA No. 557 of 2020 HC-KAR

15. The claimant is entitled to interest on the enhanced amount at the rate of 6% per annum from the date of petition till its realization. Undisputedly, respondents are liable to pay the said amount.

16. In the result, I proceed to pass the following: ORDER i) The Appeal is allowed in part. ii) The judgment award dated 23rd March 2019, passed in MVC.No.492/2018, by the Senior Civil Judge and Motor Accident Claims Tribunal, Arkalgud, stands modified. iii) The claimant is entitled to enhanced compensation of Rs.1,07,000/-, with interest at the rate of 6% p.a. on the enhanced amount, from the date of petition till its realization. iv) The respondent No.2 - Insurance Company shall deposit the amount within a period of six weeks from the date of award. v) The remaining portion of the award is not disturbed. vi) Draw award accordingly. - 9 - NC: 2025:KHC:39962 MFA No. 557 of 2020 HC-KAR Registry is directed to send back the records along with a copy of this judgment to the concerned Tribunal. Sd/- (UMESH M ADIGA) JUDGE AMA List No.: 1 Sl No.: 26