Karnataka High Court
Sri. Chidambar S vs Hdfc Ergo General Insurance Company ... on 28 June, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:24034
MFA No. 6818 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 6818 OF 2017 (MV-I)
BETWEEN:
SRI CHIDAMBAR S.
S/O.SRINIVAS
AGED ABOUT 27 YEARS
RESIDING AT NO.880
18TH MAIN ROAD, 5TH BLOCK
RAJAJINAGAR
BENGALURU-560 010
...APPELLANT
(BY SRI N.KUMAR, ADVOCATE)
AND:
1. HDFC ERGO GENERAL INSURANCE
COMPANY LIMITED
HM GENOVA HOUSE
UNIT NO.14, 108, 109, 110 & 111
I FLOOR, CUNNINGHAM ROAD
BENGALURU
Digitally signed
by SUMITHRA R 2. MR.C.S.SOMEGOWDA
Location: HIGH
COURT OF S/O.SWAMY GOWDA,
KARNATAKA R/AT NO.697, 1ST PHASE
DEVARAJA MOHALLA
VIJAYANAGAR 4TH STAGE
MYSURU
AND ALSO AT CHINAKURUALI
BOKANAKERE
PANDAVAPURA, MANDYA
...RESPONDENTS
(BY SRI D.VIJAYAKUMAR, ADVOCATE FOR R-1;
NOTICE TO R-2 IS DISPENSED V/O. DATED 31.05.2023)
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NC: 2024:KHC:24034
MFA No. 6818 of 2017
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT PRAYING TO MODIFY THE
JUDGMENT AND AWARD DATED 16.03.2017 PASSED IN MVC
NO.4344/2015 BY XXI ADDITIONAL SMALL CAUSES JUDGE
AND XIX ACMM, MEMBER-MACT, BENGALURU.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The present appeal is filed by the appellant-claimant challenging the judgment and award dated 16.03.2017 passed in MVC.No.4344/2015 by XXI Additional Small Causes Judge and MACT, Bengaluru, seeking enhancement of compensation.
2. The factum of accident is not in dispute.
3. Heard the arguments from both sides and perused the records.
4. The Tribunal has awarded compensation under various heads as follows:
Heads Amount in Rs. Pain and suffering 40,000-00 Loss of future earning 1,20,960-00 Medical expenses 16,936-00 Conveyance, nourishment and 20,000-00 nutritious food -3- NC: 2024:KHC:24034 MFA No. 6818 of 2017 Loss of happiness, inconvenience, 20,000-00 disappointment
Loss of earning during laid up period 10,000-00 TOTAL 2,27,896-00
5. From the medical evidence on record, it is seen that the claimant sustained fracture of right elbow and he underwent surgery with open reduction with internal fixation of tension binding wire. The Doctor has assessed physical permanent functional disability of 7% to the whole body.
6. In view of the above, considering the nature of injuries sustained by the claimant, it is just and proper to award additional global compensation of Rs.25,000/- along with interest at the rate of 6% per annum from the date of petition till realisation, in addition to what has been awarded by the Tribunal. Accordingly, I proceed to pass the following:
ORDER
i) The appeal is allowed-in-part; -4-
NC: 2024:KHC:24034 MFA No. 6818 of 2017
ii) The impugned judgment and award dated 16.03.2017 passed in MVC.No.4344/2015 by XXI Additional Small Causes Judge and MACT, Bengaluru, is hereby modified to the extent that the appellant-claimant is entitled to additional global compensation of Rs.25,000/- along with interest at the rate of 6% per annum from the date of petition till realisation, in addition to what has been awarded by the Tribunal;
iii) No order as to costs;
iv) The entire amount shall be released in favour of the appellant-claimant;
v) Draw award accordingly.
Sd/-
JUDGE
LB
List No.: 1 Sl No.: 14