Karnataka High Court
S Venu vs Smt Manjula on 14 March, 2022
Bench: P.S.Dinesh Kumar, M G Uma
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MARCH, 2022
PRESENT
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
AND
THE HON'BLE MRS. JUSTICE M.G. UMA
M.F.A NO.4292 OF 2013 (MV-I)
BETWEEN :
S. VENU
S/O LATE D. SRINIVAS
AGED 26 YEARS
R/AT NO.1034/3
9TH MAIN, 8TH CROSS
JUDICIAL LAYOUT
G.K.V.K. POST
BENGALURU-560 065. ...APPELLANT
(BY SHRI. PATEL D. KAREGOWDA, ADVOCATE)
AND :
1. SMT. MANJULA
W/O N. RAJA @ GANAPATHIRAJ
AGE 40 YEARS
RESIDING AT NO.826
24TH MAIN, II PHASE
J.P.NAGAR
BENGALURU-560 078.
2. THE MANAGER
ROYAL SUNDARAM
ALLIANCE INSURANCE
COMPANY LIMITED
MANGALYA PURNARBHAV
2
NO.132, BRIGADE ROAD
BENGALURU-560 025. ...RESPONDENTS
(BY SHRI. C.R. RAVISHANKAR FOR
SHRI. K. SURYANARAYANA RAO, ADVOCATE FOR R2)
....
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 16.04.2012 PASSED IN MVC
NO.5217/2007 ON THE FILE OF THE X ADDITIONAL JUDGE,
MEMBER, MACT-16, BANGALORE, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS MFA COMING ON FOR HEARING, THIS DAY,
P.S. DINESH KUMAR J, DELIVERED THE FOLLOWING:-
JUDGMENT
This appeal is filed by the injured claimant
seeking enhancement of compensation by challenging
the judgment and award dated April 16, 2012 passed
by the X Addl. Judge, Motor Accident Claims Tribunal,
at Bengaluru in MVC No. 5217/2007.
2. Heard Shri. Patel D. Karegowda, learned
Advocate for claimant and Shri. C.R. Ravishankar,
learned Advocate for Insurer.
3. For the sake of convenience, parties shall
be referred as per their status before the Tribunal.
4. Brief facts of the case are, on October 21,
2007, one Dr. S. Prashanth, his father D. Srinivas, his
brother S. Venu and one Vimala were returning from
Thirupathi to Bangalore in their Maruthi Car.
Dr. S. Prashanth was driving the Car. A Toyota
Innova car, coming from opposite side dashed against
the Maruti car. As a result, the driver and Vimala died
on the spot. Dr. Prashanth's father and brother
sustained grievous injuries. Claim petitions were filed
by legal representatives of Dr. S. Prashanth and
Vimla.
5. Shri. S. Venu, the appellant herein, also
filed his claim petition seeking compensation. On
consideration of the material on record, the Tribunal
has awarded Rs.6,83,900/- with interest at 8% p.a.
from the date of petition till deposit/payment. Hence,
this appeal seeking enhancement.
6. Shri. Patel D Karegowda, learned Advocate
for the claimant submitted that claimant was studying
MBBS Course in Mangaluru. Due to the injuries, he
could not attend the classes for six months and
completed the course with great difficulty. He has
suffered 39% disability and the Tribunal has not
granted adequate compensation. Accordingly, he
prayed for allowing this appeal.
7. Shri. C.R. Ravishakar, learned Advocate for
the insurer argued opposing the appeal.
8. We have carefully considered rival
contentions and perused the records.
9. Undisputed facts of the case are, claimant
has suffered injuries in a road traffic accident. The
Tribunal has considered the annual notional income at
Rs.15,000/- and whole body disability at 39% and the
same is not disputed.
10. Claimant was in Hospital for about 25 days.
The Tribunal has awarded compensation under various
heads. It has recorded that claimant has sustained
scars and permanent disability. Admittedly, claimant
was a medical student and disfigurement would affect
his marriage prospects. It is pleaded by the claimant
that there was delay of six months in completing the
course. The compensation towards pain and suffering,
loss of amenities, delay in education and loss of
marriage prospects require enhancement.
11. Accordingly, the compensation is
recomputed as follows:
Sl.No Description Amount
a. Loss of Income Rs.1,05,300
b. Pain and Suffering Rs.1,00,000
c. Loss of Amenities Rs.2,00,000
d. Medical Expenses (Actuals) Rs.3,28,600
e. Attendant charges, food &
Rs.50,000
nourishment and conveyance
charges
f. Delay in Education and Loss of
Rs.2,00,000
Marriage prospects
g. Total (a+b+c+d+e+f) Rs.9,83,900
h. LESS: Compensation awarded Rs.6,83,900
by the Tribunal (g-h)
Enhanced Compensation Rs.3,00,000
In view of the peculiar facts, we have maintained
the rate of interest at 8% as awarded by the Tribunal.
12. Hence, the following:
ORDER
(i) Appeal is allowed in part by holding that
claimant is entitled for total compensation of
Rs.9,83,900/- as against Rs.6,83,900/- awarded
by the Tribunal, payable with interest at 8%
p.a., from the date of filing claim petition till the
date of deposit. The enhanced compensation is
Rs.3,00,000/-;
(ii) Insurer shall pay the entire compensation
amount of Rs.9,83,900/- with interest at 8%
p.a., excluding the amount already paid, if any,
within four weeks from the date of receipt of a
copy of this order; and
(iii) The enhanced compensation amount of
Rs.3,00,000/- with interest at 8% p.a., shall be
released in favour of the claimant.
No costs.
Sd/-
JUDGE
Sd/-
JUDGE
SPS
