Karnataka High Court
Smt. Soudamani vs National Insurance Co. Ltd on 10 June, 2022
Bench: Hanchate Sanjeevkumar
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.8859/2015(MV)
BETWEEN:
SMT. SOUDAMANI
W/O YOGARAJU,
AGED ABOTU 31 YEARS,
R/AT 113, PATEL PILLEGOWDA LAYOUT,
RAMACHANDRAPURA,
BANGALORE-560 013.
...APPELLANT
(BY SRI K.V.NAIK, ADVOCATE)
AND:
1. NATIONAL INSURANCE CO. LTD.
NO.144, 2ND FLOOR,
SUBHARAMAN COMPLEX,
M.G. ROAD,
BANGALORE-560 001.
2. MR. T. DORESWAMY
MAJOR,
R/AT NO.20, 3RD MAIN
(DEAD BY HIS LEGAL HEIR)
2(A) SMT. R. VIJAYAKUMARI
W/O LATE RAVICHANDRAN, MAJOR
R/AT NO.20, 3RD MAIN OAD,
MEENAKSHINAGAR,
KAMAKSHIPALYA,
BANGALORE-560 079.
...RESPONDENTS
(BY SRI M.S.SRIRAM, ADVOCATE FOR R1
R2(A)- NOTICE DISPENSED WITH V/O
2
DATED 25.07.2019)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1)
OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED
15.04.2015 PASSED IN MVC NO.1923/2014 ON THE FILE OF THE
XXVI ACMM, COURT OF SMALL CAUSES, MACT (SCCH-09),
BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed under Section-173(1) of the Motor
Vehicles Act, by the appellant-claimant challenging the judgment
and award dated 15.04.2015, passed In MVC No.1923/2014, on
the file of Court of Small Causes and Motor Accident Claims
Tribunal at Bengaluru, seeking enhancement.
Brief facts:
2. It is stated that on 26.03.2014 at about 11.00 a.m.,
when the petitioner was going in a Scooty bearing registration
No.KA-35-Q-4814, on MES Ring Road, Near Kuvempu Circle,
Jalahalli, Bangalore, at that time, the respondent No.2 being
driver-cum-owner of the Car bearing registration No.KA-02-MB-
4630 came in a high speed, rash and negligent manner and
dashed to the Scooty in which the petitioner was going and
caused the accident and the respondent ran away from the spot.
3. It is further stated that due to the said accident she
had sustained injuries and taken treatment at M.S.Ramaiah
Hospital, Bangalore, as inpatient for 9 days and had undergone
operations. It is stated that, she has spent more than
Rs.3,50,000/- towards medical, Nourishment, conveyance and
other incidental expenses. She was aged about 30 years and
working as a Software Engineer at IBM, Bangalore and earning
Rs.45,000/- per month.
4. Hence, a claim petition was filed by the appellant under
Section-166 of the M.V. Act, claiming compensation for the
injuries sustained in the accident. The Tribunal on appreciating
the materials on record, allowed the petition in part, and
awarded a compensation of Rs.2,27,000/-, along with interest at
6% per annum from the date of petition till the date of deposit.
The Tribunal held respondent Nos.1 and 2 being the insurer and
owner of the offending Car were jointly and severally liable to
pay the compensation.
5. Heard arguments of the learned counsel for the
appellant and the learned counsel for the respondents and
perused the materials on record.
6. The learned counsel for the appellant-claimant
submitted that the Tribunal while considering the nature of
injuries sustained and disabilities occurred to the petitioner,
awarded compensation, which is on lesser side. Therefore, prays
for enhancement of compensation.
7. On the other hand, the learned counsel for
respondent No.1- Insurance Company submitted that the
amount of compensation awarded is correct and proper.
Therefore, there is no ground to interfere with the quantum.
Hence, requests for dismissal of the appeal.
8. The compensation awarded by the Tribunal is as
follows:
Pain and Suffering : Rs. 40,000/-
Attendant charges, extra nourishment : Rs. 4,000/-
and transportation expenses
Medical Expenses : Rs. 1,43,000/-
Loss of amenities and happiness : Rs. 40,000/-
TOTAL : Rs. 2,27,000/-
9. Ex.P2-wound certificate, Ex.P8-Discharge Summary
and as per evidence of PW.3-Dr.S.Ramachanda, proves the fact
that the appellant had sustained Proximal 1/3 left femur shaft
closed fracture and multiple soft tissue injuries on face and left
forearm. The appellant had been in the hospital as inpatient for
a period of 8 days from 26.03.2014 to 03.04.2014. Therefore,
the compensation awarded under the head 'pain and suffering'
which is found to be lesser, the same is enhanced to
Rs.60,000/-.
10. The Tribunal awarded a compensation of Rs.4,000/-
towards attendant charges, extra nutritious food and
transportation charges. But the appellant had suffered grievous
injuries and hospitalized. She has been taking follow-up
treatment after discharge from the hospital. Therefore,
considering all these factors the compensation awarded under
the head 'Attendant charges, extra nourishment and
transportation expenses' which is found to be lesser, the same
is enhanced to Rs.15,000/-.
11. The Tribunal awarded a compensation of 1,43,000/-
towards 'medical expenses'. As per the medical records produced
by the appellant, it is seen that there is no reason to enhance
the quantum of this amount since the Tribunal upon considering
the medical bill has correctly awarded the compensation. There
is no need to make enhancement on the medical expenses and
therefore needs no interference.
12. Further the Tribunal awarded compensation of
Rs.40,000/- towards loss of amenities and happiness. The
appellant is a woman was working as Software Engineer. Even
though the appellant is continued to work as Software Engineer
and receiving a same salary but not entitled to compensation
under the head of loss of future earning capacity but certainly
the appellant being a woman is facing much difficulty,
inconvenience, discomfort and loss of enjoyment in life due to
Proximal 1/3 left femur shaft closed fracture and multiple soft
tissue injuries on her face and left forearm. Considering these
factors of fracture injuries sustained by the appellant and also to
some extent the appellant is suffering mental agony, discomfort
and inconvenience in life , loss of enjoyment, difficulty in
squatting and walking and also traveling. Therefore, same is
suitably be compensated. Accordingly, Rs.1,00,000/- is awarded
under the head of 'loss of amenities and happiness'.
13. Further the compensation of Rs.15,000/- is awarded
under the head of 'future medical expenses' to undergo
further surgeries and other medical charges.
14. Hence, the appellant is entitled for a total enhanced
compensation, under various heads as follows:
Pain and Suffering : Rs. 60,000/-
Attendant charges, extra nourishment : Rs. 15,000/-
and transportation expenses
Medical Expenses : Rs. 1,43,000/-
Loss of amenities and happiness : Rs. 1,00,000/-
Future medical expenses : Rs. 15,000/-
TOTAL : Rs. 3,33,000 -
2,27,000
Rs. 1,06,000/-
15. Therefore, the appellant is awarded a total
compensation of Rs.3,33,000/- as against the compensation
awarded by the Tribunal at Rs.2,27,000/-. Hence, the
appellant is entitled for an additional compensation of
Rs.1,06,000/- (Rs.3,33,000 - Rs.2,27,000), along with interest
at 6% per annum from the date of filing of the petition till
deposit.
16. Accordingly, I pass the following:
ORDER
i. The appeal is allowed in part.
ii. The judgment and award dated 15.04.2015, passed
IN MVC No.1923/2014, on the file of Court of Small
Causes and Motor Accident Claims Tribunal at
Bengaluru, is hereby modified and the appellant is
entitled for an additional compensation of
Rs.1,06,000/- (Rs. 3,33,000 - Rs.2,27,000), along
with interest at 6% per annum from the date of
filing of the petition till deposit in addition to what
has been awarded by the Tribunal.
iii. Registry is directed to return the Trial Court Records
to the Tribunal, along with certified copy of the order
passed by this Court forthwith without any delay.
iv. Draw award accordingly.
Sd/-
JUDGE
SKS
