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NC: 2024:KHC:28144
MFA No. 2549 of 2021

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18TH DAY OF JULY, 2024

BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
MISCELLANEOUS FIRST APPEAL NO. 2549 OF 2021 (MV-I)
BETWEEN:
ANUSUYA
W/O ANANTHAIAH
AGED ABOUT 32 YEARS
R/AT NO.91, VENKATEGOWDANANPALYA
K.KALLAI (P), C.S.PURA (H) GUBBI TALUK,
TUMKUR DISTRICT
…APPELLANT
(BY SRI. KAILAS SHANKAR P S., ADVOCATE)
AND:
1. GOPAL KRISHNA C O
S/O LATE OBALA SHETTY
CHANDRASHEKARAPURA
GUBBI TALUK, TUMKUR DISTRICT

2. THE MANAGER
CHOLA MS GENERAL INSURANCE CO.LTD.,
UNIT 4, 9TH FLOOR (LEVEL-06)
GOLDEN HEIGHT COMPLEX
Digitally signed by
VEDAVATHI A K 59TH C CROSS, INDUSTRIAL SUBURB
Location: High RAJAJINAGAR 4TH BLOCK, BANGALORE-560010
Court of Karnataka
…RESPONDENTS
(BY SRI. B. PRADEEP., ADVOCATE FOR R2;
R1 - NOTICE DISPENSED WITH VIDE ORDER
DATED:30/07/2021)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER

SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND
AWARD DATED. 06.12.2019, PASSED IN MVC NO.1658/2018,
ON THE FILE OF THE XXIV ADDITIONAL SMALL CAUSES JUDGE
AND ACMM., MEMBER, MACT, BENGALURU (SCCH-26), PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
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MFA No. 2549 of 2021

THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN

ORAL JUDGMENT

This appeal is filed by the claimant under Section

173(1) of the Motor Vehicles Act for enhancement of

compensation awarded by the Court of XXIV Additional

Small Causes Judge and the Motor Accident Claims

Tribunal & ACMM (SCCH-26) at Bengaluru in MVC

No.1658/2018 dated 06.12.2019.

2. Heard the arguments of learned counsel appearing

on both the side.

3. The case of the claimant is that she has filed a

claim petition under Section 166 of Motor Vehicles Act, for

claiming compensation of Rs.40,00,000/- for the injuries

sustained in the road traffic accident.

4. It is alleged that on 14.12.2017 at about 10.00

a.m. when she was proceeding in a Passenger APE

Autorickshaw bearing registration No.KA-06-D-7269 and

the vehicle was proceeding on C.S.Pura Kalluru Road, the

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MFA No. 2549 of 2021

driver of Autorickshaw driven the same in a rash and

negligent manner and when they reached near

Government Hospital, Gubbi Taluk, Tumakuru

Autorickshaw lost the control and was capsized, due to

which, the injured sustained grievous injuries and she was

taken to C.S.Pura General Hospital. Later was shifted to

NIMHANS Hospital, Bengaluru and took further treatment

at Abhinandan Hospital. She has undergone serious

operations and spent more than Rs.10,00,000/- towards

medical expenses and due to the injury, she is suffering

from Paraplegia and lost the total earning capacity. She

was working in Anganavadi and earning Rs.4,000/- per

month. Due to the accident, she is unable to work. Hence

filed the claim petition before the Tribunal.

5. The respondent No.2 appeared through the

counsel and filed statement of objections denying the age,

occupation, income, injury, disability etc., and prays for

dismissing the claim petition.

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MFA No. 2549 of 2021

6. The respondent No.1-owner of the vehicle is

placed exparte.

7. Based upon the pleadings, the Tribunal has framed

following issues:

1. Whether petitioner proves that, he has sustained

injuries on account of road traffic accident due to
rash and negligent driving of Autorickshaw bearing
registration No.KA-06-D-7269 near Government
Hospital, C.S.Pura Kalluru Road, C.S.Pura, Gubbi
Taluk, Tumakuru dated 14.12.2017 at about
10.00 a.m., as alleged in the petition?

2. Whether petitioner is entitled for compensation as

prayed in the petition? If so, from which
respondent?

3. What Order or Award?

8. To prove the case of the petitioner, petitioner

herself is examined as P.W-1 and examined Doctor as

P.W.2 and got marked 40 documents as Ex.P.1 to 40. On

behalf of respondents RW-1 and RW-2 were examined and

marked documents from Ex.R.1 to R-5.

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MFA No. 2549 of 2021

9. After hearing the arguments, the Tribunal has

answered issue No.1 in the Affirmative, issue No.2 Partly

in the Affirmative and awarded compensation under

various heads as under:-

Heads Amount in Rs.

To treatment, 8,36,000-00
hospitalization, medicines,
transportation
Nourishing food and 1,00,000-00
miscellaneous expenditure
Loss of future earnings on 6,15,000-00
account of permanent
disability (Rs.4,000/- x 12 x
16 x 80% = Rs.6,14,400/-
rounded off to
Rs.6,15,000/-)
Future medical expenses 1,00,000-00
Damages for pain, suffering 2,00,000-00
and trauma as a
consequence of the injuries
Compensation on account of 1,00,000-00
loss of consortium to
husband
Cost of Attendant 50,000-00
Loss of amenities and loss 1,50,000-00
of expectation of life and
disfiguration (shortening of
normal longevity)
Cost of special die, wheel 1,00,000-00
chair, special commode
chair, special
undergarments, jacket to be
worn on wheelchair.
TOTAL 22,51,000-00
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MFA No. 2549 of 2021

10. Being aggrieved by the quantum of compensation

awarded by the Tribunal, the petitioner/claimant is before

this Court.

11. Learned counsel for the appellant has contended

that the Tribunal has awarded only meager amount even

though this petitioner was suffering from paraplegia 100%

disability. She cannot sit or stand and has become

disable. Such being the case, 80% disability considered

by the Tribunal is not correct and income taken at

Rs.4,000/- per month has to be enhanced. It is further

contended that medical expenses were incurred more than

Rs.9,56,000/- but Tribunal has awarded only

Rs.8,36,000/- and has also awarded meager amount

under other heads. Hence, prays for enhancing the same.

12. Per contra, learned counsel for the respondent

No.2 has supported the judgment and award of the

Tribunal and prays for dismissal of the claim petition.

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MFA No. 2549 of 2021

13. The accident in question was occurred on

14.12.2017 at about 10.00 a.m. due to the negligent

driving of the driver of the Autorickshaw, which is not in

dispute. The Insurance Company or owner of the

Autorickshaw has not filed any appeal challenging the

liability. Therefore, only the quantum of compensation is

required to be considered by this Court.

14. After hearing the arguments, the point that

arises for consideration is:-

Whether the appellant is entitled for

enhancement of compensation? If so, to what
extent?

15. On perusal of the records, the petitioner has

suffered from paraplegia and disability given by the Doctor

is 80% but loss of earning capacity was 100%. The

petitioner was brought to the Court and she has given her

evidence. As per the evidence of the Doctor, she has

suffered from paraplegia. Such being the case, the

disability sustained by the petitioner as per the evidence of

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MFA No. 2549 of 2021

Doctor is 80% to the whole body but with regard to the

loss of earning capacity, it has to be considered at 100%

disability. The income of the petitioner is taken at

Rs.4,000/- per month by the Tribunal.

16. The petitioner herself has stated that she was

working in Anganavadi and was a sum of Rs.4,000/- per

month. Of course, it was a part-time job and she was also

a home maker. Such being the case, question of taking

Rs.4,000/- as income of the claimant is not correct.

Therefore, I propose to take income of the claimant at

Rs.8,000/- per month as income by looking into the

peculiar facts and circumstances of the case. The age of

the petitioner at the time of the accident was 30 years and

appropriate multiplier applicable is '17'. Hence, an amount

of Rs.16,32,000/- (8,000 x 12 x 17) is awarded under

the head 'loss of income due to disability'.

17. Towards 'pain and sufferings', the Tribunal has

awarded an amount of Rs.2,00,000/- and towards 'loss

of consortium to husband', the Tribunal has awarded a

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MFA No. 2549 of 2021

sum of Rs.1,00,000/-, which are just and proper and the

same are kept intact.

18. Towards 'loss of amenities and loss of

expectation of life and disfiguration (shortening of normal

longevity)', the Tribunal has awarded a sum of

Rs.1,50,000/- is awarded, which is correct and kept

intact.

19. Towards 'cost of special diet, wheel chair, special

commode chair, special undergarments, jacket to be worn

on worn on wheel chair', the Tribunal has awarded a sum

of Rs.1,00,000/-, which is just and proper and the same

is kept intact.

20. Towards 'nourishing food and miscellaneous

expenditure, the Tribunal has awarded a sum of

Rs.1,00,000/- and the injured was admitted in the

hospital for 51 days and she was continuously bedridden.

Such being the case, the amount of Rs.1,00,000/-

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MFA No. 2549 of 2021

awarded by the Tribunal is hereby correct and the same is

kept intact.

21. Towards 'treatment, hospitalization, medicines,

transportation', a sum of Rs.8,36,000/- is awarded by the

Tribunal. Whereas, the petitioner has produced bills at

Ex.P.21, which shows the total amount of Rs.9,59,584/-.

The Tribunal has stated that some of the bills have not

been sealed and the signatures are not found. But on

perusal of the same, the seals are available. Some of the

receipts have no seals but taking into consideration the

injury and treatment taken by the petitioner in various

hospital and the fact that she is still under the treatment,

merely in the computerized bills there is no seals found

and that itself is not a ground to reject the said medical

bills. On the other hand, all the medical bills are

accompanied with the medical prescriptions. Such being

the case, I am of the view that the entire medical

expenses incurred by the claimant shall be awarded as

compensation. Accordingly, I propose to award

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MFA No. 2549 of 2021

Rs.9,60,000/- towards 'treatment, hospitalization,

medicines, transportation'.

22. Towards 'future medical expenses', the Tribunal

has awarded a sum of Rs.1,00,000/-, which is just and

proper and the same is kept intact.

23. Towards 'cost of attendant', the Tribunal has

awarded a sum of Rs.50,000/-. I am of the opinion that

she has to depend upon the 3rd person for attending

nature calls as well as her personal work including bathing

and taking care of her. Therefore, by considering the

same, I propose to award a sum of Rs.2,00,000/-

towards 'attendant charges'.

24. The appellant is entitled for compensation as

under:-

Heads Amount in Rs.

To treatment, 9,60,000-00
hospitalization, medicines,
transportation
Nourishing food and 1,00,000-00
miscellaneous expenditure
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Loss of future earnings on 16,32,000-00

account of permanent
disability
Future medical expenses 1,00,000-00
Damages for pain, suffering 2,00,000-00
and trauma as a
consequence of the injuries
Compensation on account of 1,00,000-00
loss of consortium to
husband
Cost of Attendant 2,00,000-00
Loss of amenities and loss 1,50,000-00
of expectation of life and
disfiguration (shortening of
normal longevity)
Cost of special diet, wheel 1,00,000-00
chair, special commode
chair, special
undergarments, jacket to be
worn on wheelchair.
TOTAL 35,42,000-00

Accordingly, I propose to pass the following:-

ORDER

i. The appeal is allowed in-part.

ii. The appellant is entitled for compensation of

Rs.35,42,000/- as against Rs.22,51,000/- awarded

by the Tribunal together with interest at the rate of

9% p.a. from date of petition till the date of

realization.
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iii. Interest excluding the future medical expenses.

iv. Two months time is granted to deposit the award

amount, out of which Rs.10,00,000/- should be

deposited in the name of the petitioner for a period

of 10 years and she is entitled to receive the

interest periodically.

v. Remaining amount is ordered to be released with

interest.

Sd/-
JUDGE

VS
List No.: 1 Sl No.: 48
CT:SK