Karnataka High Court
Sri Shivanaga vs Sri M B Shiva Reddy on 19 December, 2023
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MFA No. 3779 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO.3779 OF 2018(MV-I)
BETWEEN:
SRI. SHIVANAGA,
S/O. SRI. ASHWATHAREDDY @
ASHWATHACHRI,
AGE ABOUT 26 YEARS,
OCC: AUTO DRIVER,
R/AT. GANJIGUNTA,
GANJIGUNTE POST,
SHIDLGHATTA TALUK,
CHICKBALLAPUR DISTRICT - 563 125.
...APPELLANT
(BY SRI. SURESH M LATUR, ADVOCATE)
AND:
Digitally 1.
signed by JAI SRI. M.B. SHIVA REDDY,
JYOTHI J S/O. SRI. BOMMI REDDY,
Location:
HIGH COURT R/O. NO.43, MADANAHALLI VILLAGE,
OF SIDLAGHATTA TALUK,
KARNATAKA
CHIKKABALLAPURA - 521 101.
2. THE MANAGER,
SHRIRAM GENERAL LINSURANCE CO. LTD,
3RD FLOOR, MONARCH CHAMBERS,
INFANTRY ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. B. PRADEEP, ADVOCATE FOR R2;
R1 - SERVED AND UNREPRESENTED)
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MFA No. 3779 of 2018
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 04/12/2017, PASSED IN MVC
NO.3117/2016, ON THE FILE OF THE XXI ADDITIONAL SMALL
CAUSES JUDGE & XIX ACMM., MEMBER, MACT, BENGALURU
(SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in
MVC.No.3117/2016 dated 04.12.2017 on file of the XXI
Additional Small Causes Judge & XIX ACMM, Member,
MACT, Bengaluru (SCCH-23), the appellant-claimant is
before this Court. The claim petition was filed seeking
compensation of an amount of Rs.10,00,000/- for the
injuries sustained by the claimant in the accident.
2. As per the wound certificate the claimant had
sustained fractures on the bones and deformities of left leg
lower 1/3, abrasion over chin 2 cm x 2 cm, lacerated
wound over left forearm 2cm x 2 cm. According to the
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claimant, he was a driver of an auto and earning an
amount of Rs.20,000/- per month. The Court below had
taken 8,000/- as his income. According to the doctor, the
disability is 34.7% to the left lower limb and 17.35% to
the whole body. The MACT has considered 12% to the
whole body and granted the compensation under the
following heads:
Heads Compensation
Awarded
1. Pain and Sufferings including Rs. 40,000/-
mental agony
2. Loss of his future earnings Rs. 2,07,360/-
3. Medical expenses Rs. 41,614/-
Conveyance, nourishment and
4. Rs. 20,000/-
nutritious food
5. Future medical expenses Rs. 30,000/-
TOTAL Rs. 3,38,974/-
3. Learned counsel appearing for the appellant
submits that when the doctor had deposed that the
claimant had sustained disability to the whole body is
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17.35%, the Court below ought not to have taken 12% as
disability. According to the claimant, he is earning
Rs.20,000/- per month, the Court without any basis had
taken Rs.8,000/- per month as his income. It is further
submitted that the Court below had not granted any
compensation under the heads of loss of income during
the laid up period and loss of amenities. It is further
submitted that the compensation that was awarded by the
Tribunal on all the heads is not just and reasonable.
4. Learned counsel for the respondent No.2-
Insurance Company submits that the Court below
considering the evidence on record had rightly granted the
compensation. It is submitted that as per the doctor, the
claimant sustained disability to the extent of 34.7%, the
Court below has taken 1/3rd of total disability that is 12%.
It is submitted that the compensation which is awarded by
the Tribunal is just and reasonable.
5. Having heard the learned counsel on either
side, perused the entire material on record.
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6. In this case, the claimant had sustained two
fractures and other simple injuries. The Tribunal had
granted an amount of Rs.40,000/- under the head of pain
and suffering considering the injuries, this Court is
granting an amount of Rs.60,000/-. Then coming to the
loss of future income, as this is an accident of the year
2016, the Court below had taken income of Rs.8,000/- per
month which is on the lower side, this Court is inclined to
consider the income at Rs.9,500/- x 12 x 18 x 12%, the
Court below had rightly taken the disability as 1/3rd of
whole body disability, it comes to Rs.2,46,240/- under
the head of loss of future earnings. Towards medical
expenses and future medical expenses, the Court below
had granted appropriate amount and no interference is
called for. Then coming to the head of conveyance,
nourishment and nutritious food, considering the
hospitalisation, this Court is granting an amount of
Rs.30,000/-. The Court below has not granted any
amount on the head of loss of income during the laid
up period, this Court is inclined to grant an amount of
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Rs.28,500/- (Rs.9,500/- x 3) and also on the head of
loss of amenities, this Court is granting an amount of
Rs.25,000/- .
7. In the light of 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. All together, the
claimant is entitled for compensation of an amount of
Rs.4,71,354/-
8. The claimant is therefore, entitled to the
compensation under the following heads:1
Heads Compensation
Awarded
1. Pain and Sufferings including : Rs. 60,000/-
mental agony
2. Loss of his future earnings : Rs. 2,46,240/-
3. Medical expenses : Rs. 41,614/-
Loss of income during the laid
4. : Rs. 28,500/-
up period
5. Loss of amenities : Rs. 25,000/-
(2014) 11 SCC 178
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6. Conveyance, nourishment and : Rs. 30,000/-
nutritious food
7. Future medical expenses : Rs. 30,000/-
8. Legal Expenses : Rs. 10,000/-
TOTAL : Rs.
4,71,354/-
9. Accordingly, the appeal of the claimant is
allowed-in-part, by enhancing the compensation from an
amount of Rs.3,38,974/- to Rs.4,71,354/- setting aside
the award passed in M.V.C.No.3117/2016 dated
04.12.2017.
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
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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
KTY
CT:SNN
