Karnataka High Court
Smt. Rashmi vs Puttamadaiah on 18 December, 2023
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NC: 2023:KHC:46091
MFA No. 1688 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 1688 OF 2017 (MV-I)
BETWEEN:
SMT. RASHMI
W/O SRI. DEEPAK PRASAD B.H
AGED 31 YEARS, R/AT NO.359
10TH "B" MAIN ROAD
3RD BLOCK, JAYANAGAR
BENGALURU - 560 011.
...APPELLANT
(BY SRI: SRIDHAR .D.S., ADVOCATE)
AND:
Digitally 1. PUTTAMADAIAH
signed by
S/O. KEMPAIAH
JAI JYOTHI J
MAJOR, NO.10-B
Location: MARALAWADI H O B M
HIGH
MANIYAMBAL
COURT OF
KARNATAKA GUTTALAHUNASE
KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 117
REPRESENTED BY ITS MANAGER.
2. M/S. SHRIRAM GENERAL INSURANCE CO. LTD.
NO.5/4, 3RD FLOOR
'S V ARCADE'
BILIKAHALLI MAIN ROAD
OPP. TO BANNERGHATTA ROAD
I I M B POST
BENGALURU - 560 076
REPRESENTED BY ITS MANAGER
...RESPONDENTS
(SRI: B. PRADEEP, ADVOCATE FOR R2;
NOTICE TO RT1 IS DISPENSED WITH V/O/DTD 23.11.2017)
-2-
NC: 2023:KHC:46091
MFA No. 1688 of 2017
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 10.11.2016 PASSED
IN MVC NO.1255/2016 ON THE FILE OF THE MEMBER, PRINCIPAL
MACT, BANGALORE (SCCH-1), PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
JUDGMENT
This is an appeal filed by the claimant aggrieved by
the award passed in MVC No.1255 of 2016, dated
10.11.2016 on the file of the Member, Prl. Motor Accident
Claims Tribunal at Bengaluru (SCCH-1), whereby the
Tribunal granted meager amount of Rs.3,94,000/- as
compensation.
2. The claim petition was filed seeking
compensation of an amount of Rs.15,00,000/-, on account of
the injuries suffered by the claimant in the accident.
According to the wound certificate, the claimant had
sustained abrasion over the left eyebrow, contusion over left
side head, posterior crutiate ligament avulsion with bony
fragments, lateral collateral ligament sprain chip fracture
fibula head. According to the claimant, she is aged about 30
NC: 2023:KHC:46091
years and working as Assistant Quality Control and earning
Rs.60,000/- per month.
3. The Court below had granted compensation
under various heads as follows:
Heads Compensation
Awarded
1. Pain and Sufferings : Rs. 40,000/-
2. Medical Expenses : Rs. 24,000/-
Loss of income during
the period of inpatient
3. : Rs. 2,75,000/-
and period of treatement
56049 x 5 - 5758
4. Food and nourishment, : Rs. 15,000/-
conveyance, attendant
charges and other
incidental expesnes, 10
days inpatient Rs.14,600
attendant Rs.5650
ambulance
5. Loss of amenties : Rs. 40,000/-
TOTAL : Rs. 3,94,000/-
NC: 2023:KHC:46091
4. There is no representation of behalf of the
learned counsel for appellant-claimant. This Court has
perused the grounds of appeal. It is stated that the
compensation that was awarded by the Tribunal on all the
heads is not reasonable. It is also stated that the Court
below ought to have considered the disability and by
applying the multiplier ought to have granted
compensation.
5. Learned counsel appearing for the Insurance
Company submits that the Court below had rightly not
granted compensation under the head of loss of future
income, as the evidence on record shows that there is no
loss of future income. He submits that on all the grounds
the compensation that was awarded by Tribunal was just
and reasonable.
6. Having heard the learned counsel for the
Insurance Company, perused the entire material on
record. In this case, the claimant had sustained fracture
of head injury, apart from other injuries. The Court below
NC: 2023:KHC:46091
has granted Rs.40,000/- under the head of pain and
suffering, which is on the lower side and this Court is
granting an amount of Rs.70,000/- towards pain and
suffering. Based on the medical records, the Court below
had granted an amount of Rs.24,000/-, which requires no
interference from this court. Then coming to the loss of
income during laid up period, the Court below had granted
Rs.2,75,000/-, basing on the evidence on record and
considering the salary of the claimant, therefore, no
interference is called for. Considering the period of
hospitalization of the claimant, this Court is inclined to
grant an amount of Rs.20,000/- towards attendant,
food and nourishment charges. Considering the head
injury and disability as stated by the doctor, this Court is
granting an amount of Rs.70,000/- towards loss of
amenities. Then coming to the head of loss of future
income, the Court below had rightly not granted any
compensation, as the evidence on record clearly shows
that there was no loss of income to the claimant because
of the injuries sustained by the claimant.
NC: 2023:KHC:46091
7. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V.MEKALA vs. M.
MALATHI AND ANOTHER1, the claimant is entitled for
an amount of Rs.10,000/- towards Legal Expenses.
8. The claimant is therefore, entitled to the
compensation under the following heads:
Heads Compensation
Awarded
1. Pain and Sufferings : Rs. 70,000/-
2. Medical Expenses : Rs. 24,000/-
Loss of income during
3. : Rs. 2,75,000/-
laid up period
4. Attendant, food and : Rs. 20,000/-
nourishment
5. Loss of amenities : Rs. 70,000/-
6. Legal Expenses : Rs. 10,000/-
TOTAL : Rs. 4,69,000/-
9. Accordingly, the appeal is partly allowed,
enhancing the compensation amount from Rs.3,94,000/-
to Rs.4,69,000/-.
(2014) 11 SCC 178
NC: 2023:KHC:46091
ii) The enhanced amount shall carry interest at 6%
p.a., from the date of petition till the date of
realization.
iii) The respondent - Insurance Company shall
deposit the 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 entire amount without
furnishing any security.
iv) Registry is directed to return the Trial Court
Records to the Tribunal, along with certified
copy of the order passed by this Court forthwith
without any delay.
v) No costs.
Pending miscellaneous petitions, if any, shall stand
closed.
Sd/-
JUDGE
*bgn/-
