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2022 DIGILAW 828 (KAR)

Nagarajappa v. Fathima B.

2022-07-01

H.T.NARENDRA PRASAD

body2022
JUDGMENT 1. This appeal under Sec. 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') has been filed by the claimant being aggrieved by the judgment and decree dtd. 24/11/2018 passed by the Principal Senior Civil Judge, Member, MACT-IV, Davangere in MVC No.313/2018. 2. Facts giving rise to the filing of the appeal briefly stated are that on 27/12/2017, the claimant as a pillion rider was proceeding on the Hero Honda Passion Motor Cycle bearing Registration No.KA-17/V8251 from Davanagere to Chitradurga, the said vehicle was driven by the rider in a moderate speed on left side of NH4 road, when it reached near Anagodu NH4 road, at about 11.30 A.M., the driver of the Maruthi Alto Car bearing Registration No.KA01/MG-8678 drove the same in a rash and negligent manner endangering the human life with great speed and dashed against the motorcycle. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized. 3. The claimant filed a petition under Sec. 166 of the Act seeking compensation. It was pleaded that he spent huge amount towards medical expenses, conveyance, etc. It was further pleaded that the accident occurred purely on account of the rash and negligent driving of the offending vehicle by its driver. 4. On service of notice, the respondent Nos.1 and 2 being the owner and the insurer of the offending vehicle have appeared through counsel and filed written statement in which the averments made in the petition were denied. The age, avocation and income of the claimant and the medical expenses are denied. It was further pleaded that the quantum of compensation claimed by the claimant is exorbitant. Hence, he sought for dismissal of the petition. 5. On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter recorded the evidence. The claimant himself was examined as PW-2 and Dr. D. Maheshwarappa was examined as PW-3 and got exhibited documents namely Ex.P1 to Ex.P16. On behalf of the respondents, no witness was examined but got exhibited document namely Ex.R1. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the claimant sustained injuries. On behalf of the respondents, no witness was examined but got exhibited document namely Ex.R1. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the claimant sustained injuries. The Tribunal further held that the claimant is entitled to a compensation of Rs.1, 65, 280.00 along with interest at the rate of 8% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. Being aggrieved, this appeal has been filed. 6. The learned counsel for the claimant has raised the following contentions: Firstly, even though the claimant claims that he was doing mason work and earning Rs.15, 000.00 per month, but the Tribunal has taken the notional income as merely as Rs.9, 000.00 per month. Secondly, due to the accident, the claimant has sustained grievous injuries. He was treated as inpatient for a period of 13 days. Even after discharge from the hospital, he was not in a position to discharge his regular work. He has suffered lot of pain during treatment. Considering the same, the compensation granted by the Tribunal under the heads of 'loss of amenities', 'pain and sufferings' and other heads are on the lower side. Hence, she sought for allowing the appeal. 7. On the other hand, the learned counsel for the Insurance Company has raised following counter contentions: Firstly, even though the claimant claims that he was earning Rs.15, 000.00 per month, he has not produced any documents to establish his income. Therefore, the Tribunal has rightly assessed the income of the claimant notionally. Secondly, the injuries suffered by the claimant are minor in nature. Considering the injuries sustained by the claimant and considering the age and avocation of the claimant, the overall compensation awarded by the Tribunal is just and reasonable compensation. Lastly, in view of judgment of the Division Bench of this Court in the case of MS.JOYEETA BOSE AND OTHERS vs. VENKATESHAN.V AND OTHERS (MFA 5896/2018 and connected matters disposed of on 24/8/2020), the claimants are entitled for 6% interest but the Tribunal has granted 8% interest is on the higher side. Hence, he sought for dismissal of the appeal. 8. Heard the learned counsel for the parties and perused the records. 9. Hence, he sought for dismissal of the appeal. 8. Heard the learned counsel for the parties and perused the records. 9. It is not in dispute that the claimant has sustained injuries in the road traffic accident occurred due to rash and negligent driving of the offending vehicle by its driver. The claimant claims that he was earning Rs.15, 000.00 per month. He has not produced any documents to prove his income. Therefore, the notional income has to be assessed as per the guidelines issued by the Karnataka State Legal Services Authority. Since the accident has taken place in the year 2017, the notional income has to be taken at Rs.11, 000.00 p.m. As per wound certificate, the claimant has sustained abrasion of 2 cms. on right hand, lacerated wound of 6X6 cms. present on right leg below knee. PW-3, the doctor has stated in his evidence that the claimant has suffered disability of 40% to particular limb. Therefore, taking into consideration the deposition of the doctor, PW-3 and injuries mentioned in the wound certificate, the Tribunal has rightly taken the whole body disability at 13%. The claimant is aged about 63 years at the time of the accident and multiplier applicable to his age group is 7'. Thus, the claimant is entitled for compensation of Rs.1, 20, 120.00 (Rs.11, 000.00*12*7*13%) on account of 'loss of future income'. The nature of injuries suggests that the claimant must have been under rest and treatment for a period of 03 months. Therefore, the claimant is entitled for compensation of Rs.33, 000.00 (Rs.11, 000.00*3 months) under the head 'loss of income during laid up period'. Due to the accident, the claimant has suffered grievous injuries and also undergone surgery. He claimant was treated as inpatient for more than 13 days in the hospital. He has suffered lot of pain during treatment and he has to suffer with the disability stated by the doctor throughout his life. Considering the same, I am inclined to enhance the compensation awarded by the Tribunal under the head of 'loss of amenities' from Rs.10, 000.00 to Rs.40, 000.00 and 'pain and sufferings' from Rs.20, 000.00 to Rs.50, 000.00. Considering the nature of injuries, the compensation awarded by the Tribunal under other heads is just and reasonable. 10. Considering the same, I am inclined to enhance the compensation awarded by the Tribunal under the head of 'loss of amenities' from Rs.10, 000.00 to Rs.40, 000.00 and 'pain and sufferings' from Rs.20, 000.00 to Rs.50, 000.00. Considering the nature of injuries, the compensation awarded by the Tribunal under other heads is just and reasonable. 10. Thus, the claimant is entitled to the following compensation: Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) Pain and sufferings 20,000 50,000 Food, nourishment, conveyance and attendant charges 10,000 10,000 Loss of income during laid up period 27,000 33,000 Loss of amenities 10,000 40,000 Loss of future income 98,280 1,20,120 Total 1,65,280 2,53,120 11. In the result, the appeal is allowed in part. The judgment of the Claims Tribunal is modified. The claimant is entitled to a total compensation of Rs.2, 53, 120.00 as against Rs.1, 65, 280.00 awarded by the Tribunal. In view of judgment of the Division Bench of this Court in the case of 'MS.JOYEETA BOSE', the enhanced compensation shall carry interest at 6% per annum. The Insurance Company is directed to deposit the compensation amount along with interest @ 8% p.a. (the enhanced compensation shall carry interest at 6% per annum) from the date of filing of the claim petition till the date of realization, within a period of six weeks from the date of receipt of copy of this judgment.