Karnataka High Court
Srinivasa R vs Sathisha on 17 October, 2022
Bench: H.P.Sandesh
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
M.F.A.NO.2980/2013 (MV-I)
BETWEEN:
SRINIVASA R.,
S/O LATE RAMEGOWDA
AGED ABOUT 29 YEARS
VIJAYANAGARA BADAVANE
1ST STAGE, 2ND MAIN
HASSAN TALUK
HASSAN DISTRICT-573 201. ... APPELLANT
(BY SRI B.B.GIRISH KUMAR, ADVOCATE)
AND:
1. SATHISHA
S/O CHANDREGOWDA
GUNDENAHALLY KOPPALU
KASABA HOBLI
HASSAN TALUK
HASSAN DISTRICT-573 201.
2. UNIVERSAL SOMPO GENERAL
INSURANCE CO. LTD.,
INFE CITYMAHAL
OPP. RING ROAD, ANDERI (WEST)
MUMBAI-400 058
REP.
UNIVERSAL SOMPO GENERAL
INSURANCE CO. LTD.,
K V D COVER, 7:3, 2ND FLOOR
BLOCK WAY FINANCE, 100 FEET ROAD
2
INDIRANAGARA, MADRAS ROAD
BENGALURU-38. ... RESPONDENTS
(BY SRI H.N.KESHAVA PRASHANTH, ADVOCATE FOR R2
[THROUGH VC]; NOTICE TO R1 IS DISPENSED WITH
VIDE COURT ORDER DATED 26.02.2015)
THIS M.F.A., IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 23.06.2012
PASSED IN MVC NO.214/2012 ON THE FILE OF THE PRESIDING
OFFICER, FAST TRACK COURT-2, MACT, HASSAN, 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 appearing for the appellant and
the learned counsel appearing for respondent No.2-Insurance
Company.
2. This appeal is filed challenging the judgment and
award dated 23.06.2012 passed in M.V.C.No.214/2012 on the
file of the II Fast Track Court and MACT., at Hassan ('the
Tribunal' for short).
3. The parties are referred to as per their original
rankings before the Tribunal to avoid confusion and for the
convenience of the Court.
4. This is an appeal filed for challenging the quantum of
compensation. The Tribunal awarded compensation of
Rs.20,000/- on the head of pain and sufferings. It is a case of
amputation of right little finger. Hence, the same is enhanced to
Rs.30,000/- as against Rs.20,000/-.
5. In respect of loss of amenities, only Rs.5,000/- was
awarded. The claimant is aged about 29 years and he has to
lead rest of his life with 8% disability as assessed by the
Tribunal. Hence, the same is enhanced to Rs.20,000/- as
against Rs.5,000/- awarded by the Tribunal.
6. The Tribunal has taken the income of Rs.4,000/- per
month and notional income would be Rs.6,500/-. However,
taking into consideration the nature of injuries, amputation and
8% disability and applying the relevant multiplier 17, the future
loss of income comes to Rs.1,06,080/- (6500x12x17x8%)
7. The Tribunal has not awarded any compensation on
the head of loss of income during the laid-up period. Having
taken note of the nature of injuries and amputation, it is
appropriate to take the same for a period of three months, then
it comes to Rs.19,500/- (6500x3).
8. The Tribunal has not awarded any compensation on
the head of medical expenses. On perusal of the medical records
particularly, discharge summary, it discloses that he was an
inpatient for a period of five days. The bills produced for having
purchased the medicines from M.G.Hospital and the bills
enclosed regarding the surgeon charges since his finger was
amputated and implant charges of Rs.5,000/-. The discharge bill
also discloses that he was an inpatient from 21.12.2011 to
26.12.2011, which includes the amount of Rs.5,860/- as
inpatient bill and also the other hospital bills viz., Mangala
Hospital and prescriptions. Having taken note of it, the same
comes to Rs.41,471/-, wherein, an advance amount is also
deducted from the total bill. When such being the case, the
Tribunal ought to have considered the same, the same has not
been considered and not discussed anything about the medical
bills, even though the documents are marked as Exs.P10, 11 and
12. Hence, the claimant is entitled for a sum of Rs.41,471/-
towards medical expenses.
9. 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 23.06.2012 passed in
M.V.C.No.214/2012 is modified granting
compensation of Rs.2,17,051/- as against
Rs.1,00,280/- with interest at 6% per annum
on the enhanced compensation amount 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
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