Karnataka High Court
Janaradhan G vs Ramesh Kumar P on 4 July, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:25397
MFA No. 8079 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 8079 OF 2018 (MV-I)
BETWEEN:
JANARDHAN G.,
S/O. LATE. M GOPAL,
AGED 30 YEARS,
R/AT NO. 34, 14TH 'C' CROSS,
J P NAGAR, 1ST PHASE,
SARAKKI GATE,
BENGLAURU - 56 0078.
...APPELLANT
(BY SRI. K.V. NAIK, ADVOCATE)
AND:
1. RAMESH KUMAR P,
MAJOR,
S/O. KENCHANA P.,
Digitally signed by B R/AT NO. 62/1,
K
MAHENDRAKUMAR DHARMARAJA KOIL STREET,
Location: HIGH SHIVAJINAGAR,
COURT OF
KARNATAKA BENGLAURU - 560 001.
2. M/S. ICICI LOMBARD GENERAL INSURANCE CO. LTD.,
NOW AT 9TH FLOOR, THE ESTATE,
# 121, DICKENSON ROAD,
M.G. ROAD,
BENGALURU - 560 042.
REP. BY ITS MANAGER.
...RESPONDENTS
(BY SRI. B. PRADEEP, ADVOCATE FOR R2 AND R1 SERVED)
-2-
NC: 2024:KHC:25397
MFA No. 8079 of 2018
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 05.07.2018, PASSED IN MVC
NO.2681/2014, ON THE FILE OF THE MEMBER, MACT, XVI
ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU,
(SCCH-14), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimant under Section 173(1) of the Indian Motor Vehicles Act challenging the judgment and award dated 05.07.2018 passed by the MACT, Bangalore City, in MVC No. 2681/2014.
2. The claimant, having sustained accidental injuries, filed the claim petition under Section 166 of the Motor Vehicles Act, seeking just and proper compensation. The Tribunal initially awarded a sum of Rs.4,45,800/- towards compensation. The claimant, not satisfied, approached this Court in MFA No. 48/2016. This Court remanded the matter to the Tribunal to reconsider the claimant's claim for compensation under the head 'Medical Expenses'.
3. The Tribunal, after appreciating the medical bills produced by the claimant, granted a sum of Rs.93,500/- with interest at 9% per annum.
4. Heard learned counsel for the parties.
-3-NC: 2024:KHC:25397 MFA No. 8079 of 2018
5. The contention of the claimant is that Ex.P.12, sl.no.6, was not considered by the Tribunal, and therefore, the claimant is entitled to an enhancement of compensation under the head 'Medical Expenses'.
6. Ex.P.12, sl.no.6, does not contain the signature and seal of the hospital and therefore the Tribunal did not consider the said medical bill.
7. Given the nature of the injuries sustained by the claimant, it would be appropriate to award a sum of Rs.25,000 in addition to the Rs.93,500 awarded by the Tribunal.
8. In the result, the appeal is allowed in part. The judgment of the Claims Tribunal is modified.
9. The enhanced compensation amount of Rs.25,000/- shall carry interest at the rate of 6% per annum from the date of filing the petition until the date of realization.
10. The entire enhanced compensation amount shall be released in favor of the claimant.
11. To this extent, the impugned judgment and award stand modified.
Sd/-
JUDGE DHA List No.: 1 Sl No.: 22