Karnataka High Court
Sri Veerappan vs Sri V Arun Kumar on 18 December, 2023
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NC: 2023:KHC:46089
MFA No. 3796 of 2018
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. 3796 OF 2018 (MV-I)
BETWEEN:
SRI CHELUVARAJ @ SELVARAJ
S/O SRI KADIRA VELU @ KATHIR VELU
AGE: 44 YEARS
OCC: MASON CONTRACTOR
R/AT. 361, KABBALAMMANAPALYA
BENGALURU - 560 074
...APPELLANT
(BY SRI: SURESH M. LATUR, ADVOCATE)
Digitally
signed by JAI
JYOTHI J
AND:
Location:
HIGH 1. SRI V. ARUN KUMAR
COURT OF
KARNATAKA S/O SRI. VELU
R/O. NO.1420, 11TH MAIN
10TH CROSS, SRINIVASA NAGAR
BANASHANKARI
BENGALURU - 560 050
2. THE MANAGER
SHRIRAM GENERAL INSURANCE CO. LTD.
3RD FLOOR, MONACH CHAMBERS
INFANTRY ROAD
BENGALURU - 560 001.
...RESPONDENTS
(SRI: B. PRADEEP, ADVOCATE FOR R2;
R1 SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 18/12/2017 PASSED
IN MVC NO.653/2017 ON THE FILE OF THE IX ADDITIONAL SMALL
CAUSES JUDGE AND XXXIV ACMM., COURT OF SMALL CAUSES,
MEMBER, MACT-7, BENGALURU (SCCH-7), PARTLY ALLOWING THE
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NC: 2023:KHC:46089
MFA No. 3796 of 2018
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.653 of 2017, dated 18.12.2017
on the file of the IX Additional Small Causes and Additional
MACT, Bengaluru (SCCH-7), whereby, the Tribunal granted
meager amount of Rs.5,000/- as compensation.
2. The claim petition was filed seeking
compensation of an amount of Rs.2,00,000/-, on account of
the injuries suffered by the claimant in the accident. As per
the case of the claimant, that on 11.12.2015 at about 1.15
a.m. when he was traveling in a tempo traveler, the driver of
the said tempo driven the same in a rash and negligent
manner and dashed against the lorry, which was proceeding
in front of the tempo traveler and caused the accident. Due
to the said impact, he sustained head injury, abrasion over
the right foot, left knee injury and other minor injuries all
over the body. The Court below has granted only an amount
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of Rs.5,000/- as the claimant had sustained simple injuries
and further except examining themselves as PWs.1 and 2
and marking the wound certificate, not examined the doctor
and no other evidence is produced.
3. Learned counsel appearing for the appellant -
claimant submits that the compensation that is awarded by
the Tribunal is on the lower side. It is submitted that the
Tribunal without considering the evidence on record, has
granted only an amount of Rs.5,000/-.
4. Learned counsel appearing for the Insurance
Company submits that the injuries sustained are simple in
nature. No doctor was examined and no other material is
placed on record to show that he had sustained the injuries.
5. Having heard the learned counsels on either side,
perused the entire material on record. In this case, the
claimant had sustained abrasion over right foot and left knee
injury. No doctor was examined. Considering the simple
injuries, the Court below has granted an amount of
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Rs.5,000/-. Considering all the injuries are simple injuries,
this Court is granting global compensation an amount of
Rs.10,000/-.
6. 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.
7. The claimant is therefore, entitled to the
compensation under the following heads:
Heads Compensation
Awarded
1. Global compensation : Rs. 10,000/-
2. Legal Expenses : Rs. 10,000/-
TOTAL : Rs. 20,000/-
8. Accordingly, the appeal is partly allowed,
enhancing the compensation amount from Rs.5,000/- to
Rs.20,000/-.
(2014) 11 SCC 178
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i) The enhanced amount shall carry interest at 6% p.a.,
from the date of petition till the date of realization.
ii) 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.
iii) 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.
iv) No costs.
Pending miscellaneous petitions, if any, shall stand closed.
SD/-
JUDGE
*bgn/-
