Smt Vidya M Shetty vs Smt Sujatha Balakrishna
2021 Latest Caselaw 810 Kant

                                                  MFA 8167/2015

                               1


       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 13TH DAY OF JANUARY, 2021

                            BEFORE:

        THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA

                 M.F.A.NO.8167/2015 (MV - I)

BETWEEN:

Smt. Vidya M.Shetty,
Aged 40 years,
W/o late Ravindra Shetty,
R/at Lobo Cottage,
Pilikula Road, Vamanjoor,
Mangalore, D.K-575 028.                   ..APPELLANT

(By Sri Pundikai Ishwara Bhat, Adv.)

AND:

1.     Smt. Sujatha Balakrishna,
       Aged 40 years,
       W/o K.K.Balakrishna,
       R/at Annapoorneshwari Motors,
       Kalasa, Chickmagalur District - 577 124.

2.     The National Insurance Co. Ltd.,
       2nd Floor, Yashoram Chambers,
       Rathnagiri Road, P.B.No.179,
       Chickmagalore - 577 101,
       Represented by its Manager.

3.     Sri Athanasiya Vaz,
       Aged 68 years,
       S/o late Jerome Vas,
       R/at Mayigar, Muchoor village,
       Mangalore Taluk, D.K. - 574 144.
                                               MFA 8167/2015

                              2


4.   The Oriental Insurance Co. Ltd.,
     Divisional Office, Beauty Plaza,
     Balmatta Road,
     Mangalore - 575 002,
     Represented by its Manager.         ..RESPONDENTS

(By Sri L.Sreekanta Rao, Adv. for R-2)


     THIS MFA IS FILED UNDER SECTION 173(1) of M.V.ACT
AGAINST THE JUDGMENT AND AWARD DATED 20.01.2015
PASSED IN MVC NO.193/2013 ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE, MACT-VI, MANGALORE,
D.K., PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION     AND    SEEKING    ENHANCEMENT      OF
COMPENSATION.

     THIS MFA IS COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:-

                        JUDGMENT

1. The facts are not in dispute.

2. The appellant-claimant while traveling in a bus,

suffered grievous injuries when the bus in which he was

traveling collided with another bus. As a result of the

injuries sustained in the accident, the claimant sought for

compensation.

3. The Tribunal on assessing the evidence, recorded a

finding that the accident, as stated by the claimant did

occur and that the claimant suffered grievous injuries.

MFA 8167/2015

The Tribunal recorded a finding that the claimant had

suffered fracture of her left jaw and as a result of which,

she also had to sacrifice a couple of her teeth.

4. The Tribunal proceeded to award a sum of

Rs.25,000/- towards pain and suffering, Rs.38,355/-

towards medical expenses, Rs.10,000/- towards food and

nourishment, Rs.15,000/- towards loss of amenities and

a sum of Rs.20,000/- towards future medical expenses.

5. Learned Counsel for the appellant contended that

the claimant had lost a couple of her teeth and she being

a teacher, she would be severely impaired in discharging

her functions and the Tribunal was therefore not justified

in awarding a meager sum of Rs.25,000/- towards pain

and suffering and Rs.15,000/- towards loss of amenities.

He also submitted that the sum of Rs.20,000/- awarded

towards future medical expenses was insufficient having

regard to the fact that the doctor had also opined that

she would have to spend a sum of Rs.500/- per sitting

for stabilizing her teeth.

MFA 8167/2015

6. Learned Counsel for the respondent, on the other

hand, supported the award of the Tribunal and stated

that there was no justification for enhancement of

compensation.

7. The injuries are not in serious dispute. The claimant

being a teacher, the loss of her teeth would definitely

have a bearing on her future professional and also her

personal life. In my view, therefore, the sum awarded

towards pain and suffering and loss of amenities are

required to be enhanced from Rs.25,000/- to Rs.50,000/-

and from Rs.15,000/- to Rs.50,000/-, respectively. In my

view, award of Rs.20,000/- towards future medical

expenses is also required to be enhanced to Rs.30,000/-

having regard to the evidence of the Dentist available on

record.

8. The sum awarded towards medical expenses and

food and nourishment being just and proper, do not call

for intereference.

MFA 8167/2015

9. In the result, this appeal is allowed in part. The

claimants are entitled to a total compensation of

Rs.1,78,355/- as against a sum of Rs.1,08,355/-

awarded by the Tribunal. The said sum shall carry

interest at 6% per annum from the date of petition till its

realization.

10. The Insurance Company is directed to deposit the

entire compensation amount within a period of eight

weeks.

Sd/-

JUDGE

KK