Karnataka High Court
Ramesh vs Sandeep on 15 December, 2023
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NC: 2023:KHC:45947
MFA No. 4689 of 2019
C/W MFA No. 4690 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO.4689 OF 2019(MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 4690 OF 2019
IN MFA NO.4689/2019
BETWEEN:
RAMESH,
S/O BETTAIAH
@ BETTA NAYAKA,
AGED ABOUT 30 YEARS,
R/O KALLIYUR VILLAGE,
T NARASIPURA TQ,
MYSURU DISTRICT,
NOW R/AT K.P. AGRAHARA,
Digitally BANGALORE - 560 031.
signed by JAI
JYOTHI J ...APPELLANT
Location: (BY SRI. SREENIVASAN M.Y., ADVOCATE)
HIGH COURT
OF
KARNATAKA AND:
1. SANDEEP,
S/O MAHADEVA,
AGED ABOUT 32 YEARS,
R/AT 182,
ALAKERE VILLAGE & POST,
MANDYA TQ AND DISTRICT - 571 411.
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MFA No. 4689 of 2019
C/W MFA No. 4690 of 2019
2. THE BRANCH MANAGER,
NATIONAL INSURANCE CO.LTD.,
V V ROAD,
MANDYA - 571 401.
...RESPONDENTS
(BY SRI. RAVISH BENNI, ADVOCATE FOR R2;
R1 SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 20.10.2018 PASSED IN MVC
NO.218/2016 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE AND MACT, MANDYA, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MFA NO.4690/2019
BETWEEN:
RANGASWAMY,
S/O BETTAPPA,
AGED ABOUT 31 YEARS,
R/O 1/1, 5TH MAIN, 8TH CROSS,
K.P. AGRAHARA BADAVANE,
BUVANESHWARI NAGARA,
BANGALORE - 560 0037.
...APPELLANT
(BY SRI. SREENIVASAN M.Y., ADVOCATE)
AND:
1. SANDEEP,
S/O MAHADEVA,
AGED ABOUT 32 YEARS,
R/AT 182,
ALAKERE VILLAGE & POST,
MANDYA TQ AND DISTRICT - 571 411.
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MFA No. 4689 of 2019
C/W MFA No. 4690 of 2019
2. THE BRANCH MANAGER,
NATIONAL INSURANCE CO.LTD.,
V V ROAD,
MANDYA - 571 401.
...RESPONDENTS
(BY SRI. RAVISH BENNI, ADVOCATE FOR R2;
R1 SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 20.10.2018 PASSED IN MVC
NO.219/2016 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE AND MACT, MANDYA, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in MVC Nos.218/2016 and
219/2016 dated 20.10.2018, the claimants have preferred MFA
Nos.4689/2019 and 4690/2019. The claim petitions are filed
seeking compensation of an amount of Rs.33,00,000/-
respectively.
2. It is the case of the claimants that as they were
traveling as inmates of the Car, the driver of the Car drove the
same in a rash and negligent manner and dashed against the
another Car which was crossing the road, due to which the
claimants sustained injuries. The respondent No.2 - Insurance
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Company has taken specific plea that the Car was not having
valid permit as on the date of accident and permit was valid
from 02.05.2012 to 01.05.2017, wherein, the accident had
taken place on 27.04.2012. The Court below considering the
evidence held that though they are not having valid permit, the
terms and conditions of the policy are violated, has directed the
Insurance Company to pay the compensation and to recover
the same from the owner of the vehicle.
3. Having heard learned counsel on either side and
perused the entire material on record.
MFA No.4689/2019 arising out of MVC
4. In this case, the claimant had sustained right leg
fracture middle 3rd right TB fibula and as per the doctor, the
said injury is grievous in nature. Under the head pain and
sufferings, the Court below had granted an amount of
Rs.10,000/- which is on the lower side and this Court is
granting an amount of Rs.40,000/-. Coming to the
attendant charges, conveyance, nursing care,
nourishment and other incidental charges, the Court below
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had granted an amount of Rs.12,000/-. Considering the period
of hospitalization, this Court is granting an amount of
Rs.20,000/-. Towards loss of income during laid up
period, it is the case of the claimant that he was earning a
sum of Rs.30,000/- per month. The Court below had taken
Rs.7,500/- considering the year of accident i.e., 2012 and as
per the chart, this Court is taking notional income of the
claimant at Rs.7,000/- for three months, which comes to
Rs.21,000/-. Then coming to the loss of future income, it is
the evidence of the doctor that there is disability of 24% to the
limb and 1/3rd of it would be 8%. The Court below had taken
10%. Hence, under the head of loss of future income, Rs.7,000
x 12 x 18 x 8/100 = 1,20,960/- is granted towards loss of
future income. Towards loss of amenities, the Court below
had granted an amount of Rs.10,000/- which is on the lower
side. Considering the injuries, this Court is inclined to grant an
amount of Rs.20,000/- towards loss of amenities.
5. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V.MEKALA VS.M.MALATHI AND
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ANOTHER1, the claimant is entitled for an amount of
Rs.10,000/- towards legal expenses.
6. The claimant is entitled for compensation under the
following heads:
Sl.No. Description of Items Amounts
Rs.
1. Pain and Suffering 40,000.00
2. Loss of income during laid up 21,000.00
period (7,000 X 3)
3. Attendant charges, food, 20,000.00
conveyance and nourishment
4. Loss of future income 1,20,960.00
5. Loss of amenities 20,000.00
6. Legal Expenses 10,000.00
Total 2,31,960.00
MFA No.4690/2019 arising out of MVC
7. In this case, the claimant had sustained abrasion over
right forearm, abrasion over right knee and tenderness over
left lower limb and the x-ray revealed left knee ribs fracture
(2014) 11 SCC 178
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proximal left leg tibia. The doctor opined that the said injuries
are grievous in nature. Under the head pain and sufferings,
the Court below had granted an amount of Rs.10,000/-, which
is on the lower side and this Court is inclined to grant an
amount of Rs.40,000/-. Towards future medical expenses,
the doctor has deposed that the implants have to be removed
and it costs around Rs.20,000/-. The Court below had granted
Rs.5,000/-, which is on the lower side and this Court is granting
an amount of Rs.15,000/-. Towards attendant charges,
conveyance, nourishment and other incidental charges,
the Court below had granted an amount of Rs.12,000/-.
Considering the period of hospitalization, this Court is granting
an amount of Rs.20,000/-. Towards loss of income during
laid up period, the Court below had taken Rs.7,500/-
considering the year of accident i.e., 2012 and as per the chart,
this Court is taking notional income of the claimant at
Rs.7,000/- for three months, which comes to Rs.21,000/-.
Then coming to the loss of future income, it is the evidence of
the doctor that there is disability of 24% to the limb and 1/3rd
of it would be 8%. The Court had taken 10%. Hence, under
the head of loss of future income, Rs.7,000 x 12 x 17 x 8/100
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= 1,14,240/- is granted towards loss of future income.
Towards loss of amenities, the Court below had granted an
amount of Rs.10,000/- which is on the lower side. Considering
the injuries and the disability, this Court is granting an amount
of Rs.20,000/- towards loss of amenities.
8. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V.MEKALA VS.M.MALATHI AND
ANOTHER2, the claimant is entitled for an amount of
Rs.10,000/- towards legal expenses.
9. The claimant is entitled for compensation under the
following heads:
Sl.No. Description of Items Amounts
Rs.
1. Pain and Suffering 40,000.00
2. Future medical expenses 15,000.00
3. Loss of income during laid up 21,000.00
period (7,000 X 3)
4. Attendant charges, food, 20,000.00
conveyance and nourishment
5. Loss of future income 1,14,240.00
6. Loss of amenities 20,000.00
(2014) 11 SCC 178
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7. Legal Expenses 10,000.00
Total 2,40,240.00
10. Accordingly, MFA No.4689/2019 is allowed-in-part,
by enhancing the compensation from an amount of
Rs.2,09,000/- to an amount of Rs.2,31,960/- setting aside
the award passed in M.V.C.No.218/2016 dated 20.10.2018 and
MFA No.4690/2019 is allowed-in-part, by enhancing the
compensation from an amount of Rs.2,05,000/- to
Rs.2,40,240/- setting aside the award passed in
M.V.C.No.219/2016 dated 20.10.2018. The respondent No.2 -
Insurance Company shall pay the compensation and recover
the same from the owner of the vehicle.
(a) The enhanced amount shall carry interest @
6% per annum from the date of petition, till
the date of realization.
(b) Respondent No.2 - Insurance Company shall
deposit the enhanced compensation amount
within a period of eight weeks from the date
of receipt of copy of the judgment. On such
deposit, the claimant is entitled to withdraw
the same without furnishing the security.
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(c) Registry is directed to return the Trial Court
Records to the Tribunal, along with certified
copy of the order passed.
(d) No Costs.
(e) Pending miscellaneous petitions, if any, shall
stand closed.
SD/-
JUDGE
MH/-
CT:SNN
