Sri Shreyas vs The Oriental Insurance Co Ltd
2021 Latest Caselaw 7034 Kant

   IN THE HIGH COURT OF KARNATAKA, BENGALURU

      DATED THIS THE 22ND DAY OF DECEMBER, 2021

                         BEFORE

          THE HON'BLE MR.JUSTICE P.N. DESAI

 MISCELLANEOUS FIRST APPEAL NO.6349 OF 2012 (MV)


BETWEEN

SRI. SHREYAS
S/O. H.K. KESHAVANARAYAN
AGED ABOUT 24 YEARS
R/AT NO.38/5, 19TH MAIN
PADMANABHANAGAR
BANGALORE - 560 070.
                                             ... APPELLANT

(BY SRI. PRABHAKAR L. SHETTY, ADVOCATE)


AND

1. THE ORIENTAL INSURANCE CO. LTD.,
REGIONAL OFFICE
NO.44/45, LEO SHOPPING COMPLEX
RESIDENCY ROAD
BANGALORE - 560 025.

2. SRI. VENKATESH G.V.
S/O. VENKATAHANUMAIAH
R/AT NO.13, GERUPALYA
KUMBALAGUDU, KENGERI
BANGALORE.
                                          ... RESPONDENTS

(BY SRI. C.R. RAVISHANKAR, ADVOCATE FOR R1
R2 - SERVED AND UNREPRESENTED)

     THIS MFA FILED UNDER SECTION     173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD        DATED: 05.09.2011
PASSED IN MVC NO.1527/2008 ON THE     FILE OF THE 18TH
ADDITIONAL JUDGE, COURT OF SMALL      CAUSES, MEMBER,
                             2

MACT-4, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.

     THIS MFA COMING ON FOR HEARING THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY THE
COURT DELIVERED THE FOLLOWING:


                      JUDGMENT

Heard the learned counsel for the appellant and

learned counsel for respondent No.1. Respondent No.2 is

served and unrepresented.

2. This appeal is arise out of judgment and

award dated 05.09.2011 passed by the Tribunal in MVC

No.1527/2008, wherein the Tribunal has awarded a sum

of Rs.1,69,000/- as a compensation for the injuries

suffered by the claimant.

3. The brief contention of the

appellant/claimant was that; on 01.01.2008 at about

7.00 a.m., the appellant was traveling along with his

friend in a car bearing registration No.KA-41-M-166 on

B.M. Road, near Ramohalli Cross. At that time, the

driver of the lorry bearing registration No.KA-11-1155

came with high speed in a rash and negligent manner in

wrong direction towards car, due to which driver of the

car lost his control and dashed to the front wheel of the

lorry, as a result of which, the claimant sustained

injuries. The appellant was immediately shifted to

Shreya Hospital and then to Wockard hospital and spent

huge amount. It was contended that he was studying in

2nd semester diploma at the time of accident and so he

filed the claim petition claiming compensation.

4. The petitioner got himself examined as PW1

and got examined Dr. S. Ramachandra as PW4. In

connected claim petition also, the claimant got examined

and totally fourteen documents were marked.

Respondents have not led any evidence.

5. The Tribunal after hearing both sides,

awarded the compensation of Rs.1,69,000/- with interest

at 6% per annum, which is challenged in this case.

6. The appellant's counsel contended that

though the petitioner has suffered to injuries which are

grievous in nature, the Tribunal has awarded only a sum

of Rs.25,000/- towards 'pain and suffering' which is on

very lower side. It is contended that no compensation is

awarded under the head 'future medical expenses'. The

appellant is having difficulty in pertaining his day to day

activities. So, the compensation awarded under the head

'loss of amenities and happiness' is also on the lower

side. The Tribunal has not properly awarded any

compensation for loss of income due to disability.

Therefore, the amount awarded is on the lower side and

needs to be enhanced.

7. On the other hand, the learned counsel

appearing for the Insurance Company contended that

the award passed by the Tribunal is just and proper. The

Tribunal has awarded the compensation after

appreciating the oral and documentary material on

record, which is just and proper and needs no

interference. Hence, sought to dismiss the appeal.

8. I have perused the appeal memorandum,

judgment and award and the entire records of the case.

The accident occurred due to rash and negligent driving

of the offending vehicle and claimant sustained injuries

is not disputed and proved by the claimant. As far as the

award of compensation is considered. It is evident from

Ex.P5 wound certificate. The appellant/claimant has

sustained following injuries:

(1) Head injury with diffuse axonal injury

with small speck of contusion in the high

frontal region with cerebra oedema.

(2) Right side pneumothrorax

The doctor has opined that both injuries are

grievous in nature.

9. It is also evident that he was hospitalized

from 01.01.2008 to 11.01.2008 and spent more than

Rs.1 Lakh for his treatment which is evident from

medical bills that are produced, as per Ex.P8.

10. Looking into the nature of injuries sustained

by the claimant and as both the injuries are grievous in

nature, a sum of Rs.35,000/- is awarded under the head

'pain and suffering' instead of Rs.25,000/- awarded by

the Tribunal.

11. Regarding loss of amenities and happiness,

the Tribunal has awarded only a sum of Rs.15,000/-,

which is on the lower side. He was a student studying in

2nd semester Diploma, at the time of the accident.

Though the Tribunal has observed considering the

evidence of PW4 that he is finding difficulty in his day to

day activities, only a sum of Rs.15,000/- is awarded by

the Tribunal under the head 'loss of amenities and

happiness', which needs to be enhanced to Rs.30,000/-

instead of Rs.15,000/-, awarded by the Tribunal.

12. It is evident that he was in hospital for 10

days and he required treatment, food and nourishment

and also other incidental expenses like traveling etc., The

Tribunal has not awarded any compensation towards

food and nourishment charges. A sum of Rs.10,000/- is

awarded under the separate head. The amount awarded

under the head medical expenses is as per the bills

produced and the same needs no interference.

13. As far as the permanent disability is

concerned, the Tribunal has rightly awarded a sum of

Rs.25,000/-. Therefore, no interference is called for. In

all, the appellant is entitled for an enhanced

compensation of Rs.2,04,000/- as against Rs.1,69,000/-

awarded by the Tribunal. The details are as under ;

PARTICULARS        AMOUNT           AMOUNT
                   AWARDED       BY AWARDED       BY
                   THE TRIBUNAL     THIS COURT
Pain and suffering    Rs.25,000-00      Rs.35,000-00
Loss of amenities     Rs.15,000-00      Rs.30,000-00
and happiness
Medical expenses     Rs.1,04,000-00   Rs.1,04,000-00
Permanent             Rs.25,000-00      Rs.25,000-00
disability
Food,                             -     Rs.10,000-00
nourishment and
incidental charges
TOTAL               Rs.1,69,000-00   Rs.2,04,000-00

14. In the result, I proceed to pass the following :

ORDER

(i) The appeal is allowed in part.

(ii) The judgment and award dated 05.09.2011

passed by the Tribunal in MVC

No.1527/2008 is modified.`

(iii) The appellant/claimant is entitled for an

enhanced compensation of Rs.2,04,000/-

(Rupees Two Lakh Four Thousand only) as

against Rs.1,69,000/-(Rupees One Lakh Sixty

Nine Thousand only) awarded by the

Tribunal, with interest at 6% per annum from

the date of petition till the date of realization.

(iv) Respondent No.1- Insurer shall make good of

the differential amount within a period of six

weeks from the date of receipt of the certified

copy of this order.

      (v)     Costs made easy.



                                                    Sd/-
                                                  JUDGE


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