Smt. Narasamma vs Sri. N.H. Chitrashekar
2022 Latest Caselaw 10322 Kant

Citation : 2022 Latest Caselaw 10322 Kant
Judgement Date : 5 July, 2022

Karnataka High Court

Smt. Narasamma vs Sri. N.H. Chitrashekar on 5 July, 2022

Bench: Anant Ramanath Hegde

                           1




  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 5TH DAY OF JULY, 2022

                       BEFORE

  THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

            M.F.A.NO.7395 OF 2015 (MV)

BETWEEN:

SMT. NARASAMMA
AGED ABOUT 57 YEARS,
WIFE OF MANJUNATH,
RESIDING AT NO.196, ULLALA UPANAGAR,
KENGERI HOBLI,
BANGALORE-560056                          ...APPELLANT

(BY SRI.A.N. CHANDRASHEKARA, ADV.)

AND:

1. SRI. N.H. CHITRASHEKAR
   SON OF HONNASHETTAPPA,
   MAJOR IN AGE,
   M/S VIGNESHWARA TRANSPORT
   KYATHASANDRA
   TUMKUR-572 114,
   (RC OWNER OF BUS BEARING NO.KA-06-A-2169)

2. RELIANCE GENERAL INSURANCE CO LTD
   REGIONAL OFFICE,
   CENTENARY BUILDING,
   NO.28, 5TH FLOOR, M.G. ROAD,
   BANGALORE-560001
  (POLICTY NO.111000626281 VALID
   FROM 25-8-2011 TO 24-9-2012)

3. SRI MANJUNATH
   MAJOR,
   SON OF SUBBRAYACHARI,
                            2




  RESIDING AT NO.10, KRISHNA BUILDING,
  AVENUE ROAD,
  BENGALURU-560002

4. THE REGIONAL MANAGER
   M/S ROYAL SUNDARAM ALLIANCE INSURANCE
   CO., LTD., DB PLAZA,
   3RD FLOOR, NO.47, WHITES FIELD
   CHENNAI, TAMIL NADU 600 014


  (RESPONDENTS NO.3 AND 4 ARE FORMAL
   PARTIES AS CASE IS DISMISSED AGAINST
     THEM IN MVC NO.4397/2012)
                                       ...RESPONDENTS

(BY SRI D VIJAYAKUMAR, ADV. FOR R2
    SRI C.R. RAVISHANKAR, ADV. FOR R4
NOTICE TO R1 IS DISPENSED WITH V/O/DT:03.11.2017)



     THIS MFA IS FILED U/S 173 (1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 27.03.2015 PASSED IN MVC
NO.4397/2012 ON THE FILE OF THE II ADDITIONAL SMALL
CAUSES JUDGE AND XXVIII ACMM, MACT, BENGALURU, 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:-
                             3




                      JUDGMENT

Heard the learned Counsel appearing for the

appellant and the learned Counsel appearing for

respondent No.2.

2. The challenge is to the judgment and award

dated 27th March 2015 passed by the Motor Vehicles

Accident Claims Tribunal, Bengaluru (hereinafter

referred to as 'the Tribunal' for short) in MVC

No.4397/2012.

3. Brief facts of the case are:

When the appellant-claimant was proceeding in a

Car bearing Reg.No.KA-01-AB-655, on NH-48 from

Kunigal, and when they reached at Lakkenahally Hand

Post, a bus bearing Reg.No.KA-06-A-2169 came in the

opposite direction in a rash and negligent manner and

dashed against the car in which the appellant-claimant

was travelling. Due to this, the claimant suffered

injuries. Therefore, the claimant filed a claim petition

before the Tribunal seeking compensation. In terms

of the judgment and award, the Tribunal has awarded

the compensation of Rs.2,38,400/- to the claimant

under the following heads:

1. Injury pain & suffering: Rs. 70,000/-

  2.     Loss    of    earning    during
         treatment:                             16,500/-
  3.     Medical expenses:
                                               1,07,400/-
  4.     Loss of amenities
                                                40,000/-
  5.     Conveyance,     Nourishment,
         Food and attendant charges:           4,500/-
                     Total               Rs.2,38,400/-

4. The Tribunal has also awarded interest @ 6%

p.a. on the compensation from the date of petition till

the date of payment.

5. The claimant being dissatisfied with the

judgment and award is seeking enhancement by filing

the instant appeal.

6. Learned Counsel for the appellant would invite

the attention of the Court to the injuries suffered by

the claimant which is noticed in paragraph 15 of the

judgment. The claimant has suffered the following

injuries:

"Deep cut lacerated wound over the left frontal region, depression over the left forehead and crepitus present over the forehead, depressed frontal bone fracture, Bilateral periorbital oedema and CSF (Cerebrospinal fluid leak)."

7. The Tribunal has awarded a compensation of

Rs.2,83,400/- as noticed above.

8. The claimant was in-patient for nine days and

considering the nature of injuries and the number of

days the claimant spent in the hospital, the award of

compensation of Rs.4,500/- under the head of

'Conveyance, Nourishment, food and attending

charges', is grossly inadequate. The claimant is

entitled to compensation of Rs.20,000/- under the

above-said head.

9. In addition to that, again considering the fact

that the claimant has suffered a fracture, award of

Rs.40,000/- under the head of 'Loss of Amenities in

life', is on the lower side. Therefore, the claimant is

entitled to compensation of Rs.75,000/- under the

above-said head.

10. Taking the income of the claimant at

Rs.6,000/- per month, the award of Rs.16,500/-

towards 'Loss of Income during the laid-up period' is on

the lower side. The claimant is entitled to compensation

of Rs.18,000/- under the aforementioned head, as

against the award of Rs.16,500/- by the Tribunal.

11. For the aforesaid reasons, the claimant is

entitled to enhanced compensation as under:

Conveyance, Nourishment, food Rs. 15,500.00 and attending charges Loss of amenities Rs. 35,000.00 Loss of income during the laid-up Rs. 1,500.00 period TOTAL Rs. 52,000.00

12. Hence, the following:

ORDER

(i) Appeal is partly allowed.

(ii) The impugned judgment and award dated

27.03.2015 passed by the Motor Vehicles

Accident Claims Tribunal, at Bengaluru, in MVC

No.4397/2012 is modified.

(iii) The appellant-claimant is entitled to enhanced

compensation of Rs.52,000/- with interest @ 6%

p.a. from the date of petition till payment.

(iv) The enhanced compensation shall be paid by the

respondent-Insurance Company within eight