Karnataka High Court
Sri Prasad Shetty vs M/S Janani Tours And Resorts Pvt Ltd on 4 July, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:25371
MFA No. 9634 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. 9634 OF 2018 (MV-I)
BETWEEN:
SRI. PRASAD SHETTY,
S/O NARASIMHA SHETTY,
AGED ABOUT 33 YEARS,
R/O "PATEL HOUSE", VANDSE,
VANDSE VILLAGE AND POST,
KUNDAPURA TALUK,
UDUPI DISTRICT - 576 101.
SINCE APPELLANT IS NOT ABLE TO WALK
DUE TO ACCIDENTAL INJURY AND BED
RIDDEN HE IS REPRESENTED BY HIS MOTHER,
GUARDIAN SMT. GULABI SHEDTHI,
W/O NARASIMHA SHETTY,
AGED ABOUT 64 YEARS.
...APPELLANT
(BY SRI. K. PRASANNA SHETTY, ADVOCATE)
Digitally signed by B
K
MAHENDRAKUMAR AND:
Location: HIGH
COURT OF
KARNATAKA 1. M/S. JANANI TOURS AND RESORTS PVT. LTD.,
L-171, NR SPATIKA HSR LO/O,
OUTER RING ROAD, 6TH SECTOR,
BANGALORE - 560 011.
2. FUTURE GENERAL INDIA
ASSURANCE COMPANY LTD.,
REPRESENTED BY ITS BRANCH MANAGER,
3RD AND 4TH FLOOR, NO. 31,
SHRAVANEE KRISHNA MANSION,
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NC: 2024:KHC:25371
MFA No. 9634 of 2018
100 FEET ROAD, 2ND BLOCK,
JAYANAGAR, BANGALORE - 561 011.
...RESPONDENTS
(BY SRI. B.C. SHIVANNEGOWDA, ADVOCATE FOR R2;
R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 07.11.2017 PASSED IN MVC
NO.185/2015 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE
AND ADDITIONAL MACT, UDUPI (SITTING AT KUNDAPURA),
KUNDAPURA, 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 07.11.2017 passed by the MACT, Udupi sitting at Kundapura in MVC No.185/2015.
2. The claimant sustained injuries in a road traffic accident and filed a claim petition under Section 166 of the Motor Vehicles Act seeking just and proper compensation. The Tribunal awarded a sum of Rs.22,73,886/- as compensation. Taking exception to this, the appeal seeks enhancement of compensation.
3. I have heard learned counsel for both parties.
4. The claimant sustained a pelvic fracture and other injuries in the accident. The doctor examined as PW.5 assessed the claimant's permanent disability between 85% to 90%, while the -3- NC: 2024:KHC:25371 MFA No. 9634 of 2018 Tribunal assessed the functional disability at 50%. Considering the vocation of the claimant, the Tribunal determined compensation for loss of future income without factoring in future prospects, at the rate of 40%. Additionally, compensation for loss of income during the laid down period was not awarded to the claimant, who was hospitalized for 89 days. Hence, the claimant is entitled to an enhancement of compensation under the head of loss of earning during the laid down period. Therefore, the compensation awarded by the Tribunal is reassessed as follows:
As awarded As awarded
Compensation under by the by this Court
different Heads Tribunal (Rs.)
(Rs.)
Injury, pain and sufferings 2,00,000 2,00,000
Medical expenses 1,06,596 1,06,596
Future Medical expenses 1,00,000 1,00,000
Loss of earning during 36,490 73,390
treatment
Loss of future earning 11,80,800 16,53,120
capacity
Hospitalization and attendant 2,00,000 2,00,000
charges
Loss of marriage prospects 1,00,000 1,00,000
Loss of amenities 2,00,000 2,00,000
Food and Extra nourishments 1,00,000 1,00,000
Conveyance charges 50,000 50,000
Total 22,73,886 27,83,106
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NC: 2024:KHC:25371
MFA No. 9634 of 2018
5. In the result, the appeal is allowed-in-part. The judgment of the Claims Tribunal is modified. The claimant is entitled for a total compensation of Rs.27,83,106/- as opposed to Rs.22,73,886/- awarded by the Tribunal.
6. The enhanced compensation amount of Rs.5,09,220/- (i.e. Rs.27,83,106 - Rs.22,73,886) shall carry interest at the rate of 6% per annum from the date of filing the petition till the date of realization.
To this extent, the impugned judgment and award stands modified.
Sd/-
JUDGE DHA