LexBASAPPA S/O SANGANABASAPPA BAHVIKATTI versus T. RAMESH S/O TANGAVELU AND ANR.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2014] 12 S.C.R. 1132 A BASAPPA S/O SANGANABASAPPA BAHVIKATTI B v. T. RAMESH S/O TANGAVELU AND ANR. (Civil Appeal No. 9393 of 2014) OCTOBER 10, 2014 [J. CHELAMESWAR AND A.K. SIKRI, JJ.] Motor Vehicle Act, 1988 - Accident claim - Permanent disability - Loss of earning capacity - Assessment of - C Appellant sustained serious injuries due to rash and negligent driving of respondent No. 1 driver - Tribunal awarded compensation of Rs. 93, 800 with 6% interest - High Court enhanced compensation to Rs. 2,59,000 - On appeal, held: Appellant was working as Goundi i.e. at the building D construction sites - Such work required good health and extreme fitness as it was a strenuous task which involved lot of physical activities - Appellant suffered permanent disability of 58% to the whole body and was not capable of doing heavy work - He was even unable to walk and stand for a long time E - Hence, his functional disability to be taken at 85% - Applying formula contained in Note (5) of the Second Schedule to the Act, loss of future income would work out to Rs.5,35,5001- - Similarly, for pain and suffering, amount of Rs.25,0001- awarded by High Court increased to Rs.60,0001- F - Appellant to get interest @ 9% per annum from the date of claim petition till payment - Total compensation payable to appellant coming to Rs. 6, 72, 0001- as against Rs.2,59,5001-, awarded by High Court. Raj Kumar v. Ajay Kumar & Another (2011) 1 SCC 343: G 2010 (13) SCR 179; Syed Sadiq and others v. Divisional Manager, United India Insurance Company Limited (2014) 2 SCC 735; Municipal Corporation of Delhi, Delhi v. Uphaar Tragedy Victims Association and others, (2011) 14 SCC 481: 2011 (16) SCR 1 - relied on. H 1132 BASAPPA S/O SANGANABASAPPA BAHVIKATTI v. 1133 T. RAMESH S/O TANGAVELU Case Law Reference: 2010 (13) SCR 179 (2014) 2 sec 735 2011 (16) SCR 1 relied on relied on relied on Para 12 Para 13 Para 17 CIVIL APPELLATE JURISDICTION : Civil Appeal No. 9393 of 2014. A B From the Judgment and Order dated 11-03-2013 of the High Court of Karnataka Circuit Bench at Dharwad in M.F.A. c No. 21150 of 2011. · Sharannagouda Patil, Supreeta Patil (for S. Legal Associates) for the Appellant. Abhinav Mukerji for the Respondents. The following Order of the Court was delivered ORDER 1. Leave granted. 2. Unwrapping the events, which have led to the filing of the instant appeal, depict the following scenario: On 23.09.2007, the .appellant after completion of his Goundi (working at building construction sites) work, was returning from Navanagar, Karnataka on his Motorcycle bearing Reg. No. KA 29/J - 731. He was driving slowly and cautiously on the left side of the road. At that time a bus bearing Reg. No. D E F KA 29/6967 came from opposite direction in a high speed and in rash and negligent manner as to endanger human life, G dashed into the Motorcycle of the appellant. This happened near the Simikeri Bypass Cross on Gaddanakeri Hubli Road at about 20:30 hours. Due to the said accident, the appellant sustained grievous injuries on his head and all over his body. He was immediately admitted to District Government Hospital, H 1134 SUPREME COURT REPORTS [2014] 12 S.C.R. A Bagalkot where he got preliminary treatment, whereafter he was shifted to the S.H.K. Hospital, Bagalkot for further treatment. After getting some treatment in the said hospital, the appellant had to be shifted again to Dr. Kerudi Hospital, Bagalkot because of grievous head injuries and there he was treated by B Dr. Mohan Wamaske, Neurologist. He underwent a surgical operation in the said hospital where he remained as indoor patient for 10 days. Notwithstanding this treatment, the appellant could not be completely cured and has suffered permanent disability of 58% to the whole body. c 3. We may record ·at this stage that the aforesaid facts pertaining to accident caused due to rash and negligent driving of the bus and the nature and extent of injuries suffered by the appellant stand established before the Motor Accident Claims Tribunal (for short 'MACT'). It would also be worthwhile to D mention that against the Driver of the Bus, a case under· Sections 279 and 334 of the Indian Penal Code was also registered at the Kaladgi Police Station. After completing the investigation, even the chargesheet has been· filed against the Driver, though the outcome of the said case is not known from E the records. 4. Be
Excerpt shown. Read the full judgment & AI analysis in Lexace.