Karnataka High Court
Sri. Nagaraju .R vs General Manager on 14 November, 2022
Bench: H.P.Sandesh
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
M.F.A.NO.7175/2015 (MV-I)
BETWEEN:
SRI NAGARAJU R.,
S/O. SRI RANGAPPA,
AGE: 26 YEARS, OCC: COOLIE,
R/AT C/O GAJALAKSHMI NILAYA,
1ST CROSS, PIPELINE ROAD
ARALIKERE, MALLASANDRA,
BENGALURU-560 008 ...APPELLANT
(BY SRI SURESH M. LATUR, ADVOCATE [THROUGH VC])
AND:
1. GENERAL MANAGER
JYOTHI FABRICARE SERVICES LTD.,
NO.903, NORTH BLOCK, IX FLOOR,
REWARDING MANIPAL CENTER,
DICKENSON ROAD, BENGALURU-560 042.
2. THE MANAGER
ERGO GENERAL INSURANCE CO. LTD.,
UNIT NO.108/109/110/111,
1ST FLOOR, H.M. GENEVA HOUSE,
NO.14, CUNNINGHAM ROAD,
NEXT TO WOCKARDT HOSPITAL
BENGALURU-52 ... RESPONDENTS
(BY SRI NIKIT BALA, ADVOCATE FOR
SRI ARVIND KAMATH K., ADVOCATE FOR R1;
SRI O. MAHESH, ADVOCATE FOR R2)
2
THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 06.03.2015
PASSED IN MVC NO.1171/2011 ON THE FILE OF THE VIII
ADDITIONAL SMALL CAUSE JUDGE, & XXXIII ACMM, MEMBER,
MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS M.F.A. COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Though this matter is listed for admission today, with the
consent of both the learned counsel it is taken up for final
disposal.
This appeal is filed challenging the judgment and award
dated 06.03.2015 passed in M.V.C.No.1171/2011 on the file of
the VIII Additional Small Causes Judge and the Motor Accident
Claims Tribunal (SCCH-5), Bengaluru ('the Tribunal' for short).
2. The parties are referred to as per their original
rankings before the Tribunal to avoid confusion and for the
convenience of the Court.
3. Heard the learned counsel for the appellant and
learned counsel for the respondents.
4. The main contention of the learned counsel
appearing for the appellant is that the Tribunal committed an
error in not awarding any compensation towards incidental
expenses though he was inpatient for a period of 12 days. It is
also contended that the Tribunal failed to award any
compensation on the head of loss of income during laid up
period.
5. Having considered the material available on record,
the Tribunal, while answering issue No.2 in Para No.10 of the
judgment, taken note of the fact that the appellant has spent an
amount of Rs.600/- towards medical expenses and awarded an
amount of Rs.5,000/- towards medical expenses, loss of earning
during laid up period and other incidental expenses. Since, the
claimant was inpatient for a period of 12 days, a sum of
Rs.10,000/- is awarded towards incidental expenses as against
Rs.5,000/- awarded by the Tribunal. Though there is no
documentary evidence with regard to the future medical
expenses, the Tribunal has awarded a sum of Rs.15,000/-
towards future medical expenses. Having considered the said
fact into consideration, since the claimant had suffered fracture
of both bones of right leg, a sum of Rs.15,000/- is awarded
towards loss of earning during laid up period.
6. The Tribunal has awarded a sum of Rs.50,000/-
towards pain and suffering, Rs.30,000/- towards loss of
amenities and Rs.15,000/- towards future medical expenses and
the same do not call for any interference. Hence, in all, the
claimant is entitled for additional compensation of Rs.20,000/-.
7. In view of the discussions made above, I pass the
following:
ORDER
(i) The appeal is allowed in part.
(ii) The impugned judgment and award of the
Tribunal dated 06.03.2015 passed in
M.V.C.No.1171/2011 is modified granting
additional compensation of Rs.20,000/- with
interest at 8% per annum from the date of
petition till deposit.
(iii) The Insurance Company is directed to pay the
compensation amount with interest within six
weeks from today.
(iv) The Registry is directed to transmit the records
to the concerned Tribunal, forthwith.
Sd/-
JUDGE
ST
