Karnataka High Court
Venkatesh vs Ganapathi on 12 October, 2022
Bench: H.P.Sandesh
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
M.F.A.NO.1117/2013 (MV)
BETWEEN:
VENKATESH
S/O. BEERAPPA
AGED ABOUT 46 YEARS
R/AT MARASA VILLAGE
KASABA HOBLI
SAGAR TALUK. ... APPELLANT
(BY SRI KESHAVA MURTHY H.B., ADVOCATE)
AND:
1. GANAPATHI
S/O. NAGAPPA
AGED ABOUT 37 YEARS
R/AT BILISIRI VILLAGE
SAGAR TALUK.
2. THE BRANCH MANAGER
M/S. NATIONAL INSURANCE CO. LTD.,
BRANCH OFFICE, S.S.COMPLEX
HARSHA BUILDING
SHIVAMOGGA. ... RESPONDENTS
(BY SRI RAVISH BENNI, ADVOCATE FOR R-2;
APPEAL AGAINST R-1 IS DISMISSED
VIDE ORDER DATED 16.07.2021)
THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 14.12.2011
PASSED IN MVC NO.68/2010 ON THE FILE OF THE SENIOR CIVIL
2
JUDGE, JMFC, MEMBER, ADDITIONAL MACT, SAGAR, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR FINAL HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel for the appellant and learned
counsel for the respondent No.2.
2. This appeal is filed challenging the judgment and
award dated 14.12.2011 passed in M.V.C.No.68/2010 on the file
of the Senior Civil Judge and J.M.F.C., and Additional Motor
Accidents Claims Tribunal, Sagar ('the Tribunal' for short)
challenging the quantum of compensation wherein, the injured
has lost 14 teeth and the Doctor, who has been examined as
P.W.2 has deposed that the injured was replaced with artificial
teeth.
3. For the injuries sustained in the accident, the
Tribunal has awarded an amount of Rs.25,000/- towards pain
and suffering in a case of the accident of the year 2009 and
awarded compensation of Rs.29,501/- towards medical expenses
based on records. The Tribunal also awarded an amount of
Rs.5,000/- towards future medical expenses. The Tribunal,
while calculating the disability, committed an error in deducting
1/3rd towards personal expenses taking the income at Rs.100/-
per day and the same is erroneous. The Tribunal also awarded
Rs.3,000/- towards special food and the injured was inpatient for
2 days and the same is just and reasonable. For repair of the
vehicle, the Tribunal awarded an amount of Rs.10,000/- and also
awarded Rs.3,000/- towards conveyance.
4. Having taken note of the pain and suffering
undergone by the injured, since he had lost 14 teeth and
artificial teeth are inserted, an additional compensation of
Rs.25,000/- is awarded towards pain and suffering. Since, the
injured is aged about 45 years and he has to change the artificial
teeth periodically, even though the Doctor has deposed that
Rs.10,000/- would be required, the Tribunal has awarded
Rs.5,000/- and hence, another Rs.5,000/- is added towards
future medical expenses. Hence, in all, the claimant is entitled
for additional compensation of Rs.30,000/- with interest at 6%
per annum.
5. 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 14.12.2011 passed in
M.V.C.No.68/2010, is modified granting
additional compensation of Rs.30,000/- with
interest at 6% 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 Tribunal has ordered to pay and recover
the compensation from the insured and the
same is confirmed and liberty is given to the
Insurance Company to pay and recover the
same from the insured.
(v) The Registry is directed to transmit the records
to the concerned Tribunal, forthwith.
Sd/-
JUDGE
ST
