Karnataka High Court
Saran Kumar P vs Universal Sompo General on 21 January, 2021
Author: N S Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JANUARY 2021
BEFORE
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
M.F.A.No.1584/2015 (MV -I)
BETWEEN:
SARAN KUMAR P
S/O LATE PALANI P
AGED ABOUT 23 YEARS
R/AT NO.24/4, 7TH CROSS,
CHOLARAPALYA,
NAGALINGESHWARA ROAD,
MAGADI MAIN ROAD,
BANGALORE - 23.
PREVIOUS ADDRESS:
NO.80, 6TH MAIN ROAD,
SRIRAMPURAM, SWATANTRA
PALY, BANGALORE - 21.
... APPELLANT
(BY SRI SHRIPAD V SHASTRI, ADVOCATE)
AND:
1. UNIVERSAL SOMPO GENERAL
INSURANCE COMPANY LIMITED,
NO.7/3, 2ND FLOOR, KVD TOWERS,
OLD MADRAS ROAD,
100 FEET RING ROAD,
INDIRANAGAR,
BANGALORE - 560008.
BY ITS MANAGER.
2
2. JOSEPH
S/O DAS MAJOR,
R/AT STONE HILL,
JYOTHINAGAR, MADIKERE,
KODAGU DIST.
KARNATAKA - 571201.
... RESPONDENTS
(BY SRI RAVI S. SAMPRATHI, ADVOCATE FOR R1;
V/O/DTD. 13.01.2017 NOTICE TO R2 IS DISPENSED WITH)
THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD
DATED:11.09.2014 PASSED IN MVC No.7781/2012 ON THE
FILE OF THE 23RD ADDITIONAL SMALL CAUSES JUDGE, 21ST
ACMM, MACT, COURT OF SMALL CAUSES, BENGALURU,
PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THROUGH VIDEO CONFERENCE THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
1. The claimant, being dissatisfied with the award of
compensation of Rs.1,04,043/-, is in appeal.
2. The facts are not in dispute.
3. An accident occurred on 17.04.2012 when the claimant
was traveling in an Auto Rickshaw which turned turtle and as
result the claimant suffered grievous injuries.
4. The Tribunal on an assessment of the evidence adduced
has recorded a positive finding that the accident did indeed
occur on 17.04.2012 and this accident occurred due to the
rash and negligent driving of the Auto Rickshaw driver and
this in turn resulted in grievous injuries to the claimant.
5. The Tribunal after assessing the evidence has
proceeded to award the following sums:
1. Pain and suffering Rs. 30,000/-
2. Re-imbursement of
Medical bills: Rs. 34,043/-
3. Food and nourishment: Rs. 5,000/-
4. Conveyance charges: Rs. 5,000/-
5. Loss of income during laid
Laid up period:
(Rs.5,000x6 months) Rs. 30,000/-
Total Rs.1,04,043/-
6. Learned counsel for the appellant contended that the
claimant had sustained closed fracture shaft (L) femur & tibia
(L) with head injury. He submitted that the claimant was
aged about 20 years and he was earning a sum of Rs.6,190/-
per month and having regard to the fact that he had suffered
a major fracture, the compensation awarded was on the
lower side.
7. Learned counsel for the respondent-Insurance
Company, on the other hand, contended that the
compensation awarded by the Tribunal was just and proper
and it did not call for any interference.
8. It is not in serious dispute that the claimant had
sustained closed fracture shaft (L) femur & tibia (L) and that
he had also suffered a head injury. In my view, for such
injuries, the sums awarded towards 'Pain and Suffering' and
'Loss of Income' are on the lower side. It is to be noticed that
when the Tribunal has come to the conclusion that the
claimant was laid up for the period of six months, the
Tribunal ought to have awarded a larger sum towards 'Pain
and Suffering'.
9. Taking into consideration the totality of the
circumstances, I deem it proper to enhance the compensation
by awarding a further sum of Rs.1,00,000/- towards the
injuries suffered by the claimant. In other words, global
compensation of Rs.1,00,000/- is hereby awarded in addition
to the sum of Rs.1,04,043/- which has already been awarded
by the Tribunal.
10. Consequently, the claimant would be entitled to a total
sum of Rs.1,04,043/- + Rs.1,00,000/- i.e., Rs.2,04,043/-.
11. The said compensation shall carry interest @ 6% per
annum from the date of petition till its realization.
12. The Insurance Company shall deposit the said
enhanced compensation within eight weeks from the date of
receipt of a certified copy of this order.
Appeal is accordingly allowed-in-part.
Sd/-
JUDGE
KA
