IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR.JUSTICE S.G.PANDIT M.F.A.NO. 3715 OF 2012 (MV) BETWEEN:
Sri. Mahesh Narayan S/o. Narayan Aged about 23 years R/at No.4042-1, A-3 18th ‘A’ Main, 13th Cross KEB Road, BFM Layout Bengaluru – 560 068 ... Appellant (By Sri. T.P. Srinivasa, Advocate) AND:
1. The United India Insurance Co., Ltd., D.O.5, No.25 Shankaranarayan Building M.G. Road Bengaluru – 01 (Rep. by its Manager) 2. Sri. B.Y. Venkatesh Naidu Aged Major S/o. Vijaya Rangam Naidu R/o No.322, “Akshaya”
7th ‘B’ Main, 4th Block Koramangala Bengaluru - 95 ... Respondents (By Sri. Ravish Benni, Advocate for R1; Notice to R2 d/w v/o dated 17.03.2015) This MFA is filed under Section 173(1) of MV Act against the Judgment and Award dated 22.08.2011 passed in MVC No.1384/2009 on the file of the V Additional Judge, Member, MACT, CSC, Bangalore, partly allowing the claim petition for compensation and seeking enhancement of compensation and etc.
This MFA coming on for admission, this day, the court delivered the following:
JUDGMENT The claimant-appellant is before this Court in this appeal, not being satisfied with the quantum of compensation awarded under the judgment and award dated 22.08.2011 in M.V.C.No.1384/2009 on the file of the MACT and V Additional Judge, Member, Court of Small Causes, Mayohall Unit, Bengaluru.
2. The claimant filed the petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the injuries sustained by him in a road traffic accident that occurred on 23.12.2008, when the petitioner was proceeding in his motor cycle, Tata 207 bearing Registration No.KA-01-C-1936 came in a rash and negligent manner and dashed against the motor cycle of the claimant. As a result, claimant sustained grievous injuries. Immediately, he was taken to the hospital and thereafter, he was shifted to Sagar Apollo hospital. As on the date of accident, he was aged about 20 years and it is claimed that he was working as Sales Manager and was earning Rs.9,00,000/- p.a.
3. On issuance of notice, respondent No.1- Insurance Company appeared before the Tribunal and filed its statement of objections denying the petition averments. It is stated that accident had taken place due to negligence of the claimant and the compensation claimed by the petitioner is exorbitant.
4. The claimant examined himself as PW-1 and got marked documents Exs.P1 to P13. Respondent No.2 got marked document as Ex.R1.
5. The Tribunal on scrutiny of the material on record, awarded total global compensation of Rs.48,000/-, on the following heads:-
1. Injury, pain and suffering 28,000-00 2. Medicine & hospital charges 17,000-00 3. Loss of earning during the period of treatment 4. Food and nourishment, conveyance and attendant charges 1,000-00 2,000-00 TOTAL 48,000-00 The claimant not being satisfied with the quantum of compensation awarded by the Tribunal is before this Court in this appeal.
6. Heard the learned counsel for the appellant and learned counsel for respondent No.1 – Insurance Company. Perused the records.
7. The accident occurred on 23.12.2008 at about 7.30 a.m., involving motor cycle and Tata 207 bearing Registration No.KA-01-C-1936 and the accidental injuries suffered by the claimant is not in dispute in this appeal. The claimant has suffered the following injuries:-
1. Abrassion over dorsum of left hand 2. Abrassion over right side face 3. Fracture of left radius 4. Fracture of lateral end of left clavicle Ex.P6 is the wound certificate and Ex.P7 is the discharge summary. As per Ex.P7 - discharge summary, the claimant was inpatient from 23.12.2008 to 01.01.2009 i.e., for 10 days. Even though, the claimant states that he was working as Sales Manager and he was earning Rs.9,00,000/- per annum, he has not produced any document or material to indicate his income.
8. In the absence of any material to indicate the exact income of the claimant, the income is to be determined notionally. This Court and Lok-Adalat while determining the compensation in Motor Vehicles Accident cases would take notional income for the accident of the year 2008 at Rs. 4,500/- to settle the claims. In the instant case also in the absence of material to place exact income, it is appropriate to take Rs.4,500/- per month as notional income of the claimant/appellant for determination of compensation.
9. Looking into the injuries suffered by the injured claimant and as the claimant was inpatient for 10 days, the compensation awarded on various heads is on the lower side. Thus, the claimant would be entitled for the following modified enhanced compensation:-
SL.NO. PARTICULARS AMOUNT IN (RS) 1. Injury, pain and suffering 40,000-00 2. Medicine & hospital charges 17,000-00 Loss of earning during the period of 3.
treatment Food and nourishment, conveyance 4.
and attendant charges 9,000-00 10,000-00 TOTAL 76,000-00 Thus, the appellant-claimant would be entitled for a total compensation of Rs.76,000/- as against Rs.48,000/- with interest as awarded by the Tribunal.
Accordingly, the appeal is allowed in part.
Sd/- JUDGE KG