Karnataka High Court
Jeson Saldanha vs Arun D Souza on 20 December, 2023
-1-
NC: 2023:KHC:46835
MFA No. 9033 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 9033 OF 2017 (MV-I)
BETWEEN:
JESON SALDANHA,
S/O. LATE PAUSTHINE SALDANA,
AGED ABOUT 30 YEARS,
R/AT HALASINAKATTE POST,
PILAR VILLAGE, UDUPI TALUK,
UDUPI DISTRICT - 576 101.
...APPELLANT
(BY SRI. GANESHA R, ADVOCATE)
AND:
1. ARUN D'SOUZA,
S/O ALEX @ LAJARES D'SOUZA, MAJOR,
R/AT OLD CHURCH COMPOUND,
SHIRVA VILLAGE,
Digitally
signed by JAI UDUPI TALUK AND DISTRICT - 576 101.
JYOTHI J
Location: 2. THE DIVISIONAL MANAGER,
HIGH COURT
OF UNITED INDIA INSURANCE CO. LTD.,
KARNATAKA JEWEL PLAZA, 1ST FLOOR,
MARUTHI VEETHIKA,
UDUPI TALUK AND DISTRICT - 576 101.
...RESPONDENTS
(BY SRI. JANARDHANA REDDY, ADVOCATE FOR R2;
R1 - SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 18.04.2017 PASSED IN MVC
-2-
NC: 2023:KHC:46835
MFA No. 9033 of 2017
NO.874/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE, UDUPI, ADDITIONAL MACT, UDUPI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in
M.V.C.No.874/2015 dated 18.04.2017 by the Additional
Motor Accident Claims Tribunal and Prl. Senior Civil Judge
at Udupi, the claimant is before this Court seeking
enhancement of the compensation. The claim petition was
filed seeking compensation of an amount of
Rs.17,25,000/- for the injuries sustained by the claimant
in the accident.
2. The case of the claimant is that due to the
accident, the claimant had sustained open fracture of left
tibia and fibula with left heel soft tissue injury and
according to the doctor, these injuries are grievous in
nature. According to the claimant, he had undergone
NC: 2023:KHC:46835
treatment for wound debridement, external fixator for tibia
was done and he spent huge amounts towards treatment.
According to the doctor, the claimant had sustained 8%
disability. It is the case of the claimant that he was
working as an Operator in Sree Ganesh Hollow Block
Factory at Mudarangadi, Udupi and was earning an
amount of Rs.15,000/- per month. The Court below had
taken the income at Rs.8,000/- and the disability as 8%
and granted compensation as per the table below:
Heads Compensation
Awarded
1. Pain and Sufferings Rs. 40,000/-
2. Medical expenses Rs. 85,506/-
Loss of income during the laid
3. Rs. 16,000/-
up period
4. Loss of future earning capacity Rs. 1,30,560/-
5. Future medical expenses Rs. 25,000/-
6. Attendant expenses, Rs. 3,000/-
conveyance and nourishment
7. Future unhappiness, loss of Rs. 15,000/-
amenities, marriage
prospects, shortening of life
span
Total Rs. 3,15,066/-
NC: 2023:KHC:46835
3. Learned counsel appearing for the claimant
submits that when the claimant had sustained two
grievous injuries, the Court below had granted meager
amount of Rs.40,000/- under the head of pain and
suffering. It is submitted that the income of the claimant
was taken at Rs.8,000/- per month which is on the lower
side. It is further submitted that as he was there in the
hospital for 17 days, the Court below under the head of
attendant expenses, conveyance and nourishment had
only granted an amount of Rs.3,000/-. Even towards loss
of amenities also, only an amount of Rs.15,000/- was
granted which is on the lower side.
4. Learned counsel appearing for the Insurance
Company submits that the Court below based on the
evidence had rightly granted compensation and no
grounds are made out seeking enhancement of the
compensation.
NC: 2023:KHC:46835
5. Having heard the learned counsel on either side,
perused the entire material on record. In this case, the
claimant had sustained two grievous injuries and the Court
below had granted an amount of Rs.40,000/- under the
head of pain and suffering. This Court is granting an
amount of Rs.60,000/- towards pain and suffering.
Then towards medical expenses, the Court below had
rightly granted the compensation and no grounds are
made out seeking enhancement of the compensation.
Then coming to the head of loss of income during the laid
up period, the Court below had taken an amount of
Rs.8,000/- as the income. As this is an accident of the
year 2015, this Court is taking an amount of Rs.9,000/- as
the income, then for three months Rs.9,000x3 =
Rs.27,000/- is granted towards loss of income during
the laid up period. Then coming to the head of loss of
future income, considering the income at Rs.9,000/- and
the disability at 8%, this Court is granting
Rs.9,000x12x17x8/100 = Rs.1,46,880/- towards loss of
future income. Towards future medical expenses, the
NC: 2023:KHC:46835
Court below had rightly granted an amount of Rs.25,000/-
and no grounds are made out seeking enhancement of the
compensation. Towards attendant expenses, conveyance
and nourishment, the Court below had granted only an
amount of Rs.3,000/-. Considering 17 days
hospitalization, this Court is granting an amount of
Rs.20,000/- towards attendant expenses,
conveyance and nourishment. Then coming to the loss
of future amenities, considering the age of 28 years, the
Court below had granted an amount of Rs.15,000/-
towards future unhappiness, loss of amenities, marriage
prospectus and shortening of life span which is on the
lower side. Considering the disability, this Court is
granting an amount of Rs.30,000/- under the head of
future amenities.
6. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V.MEKALA vs. M.
NC: 2023:KHC:46835
MALATHI AND ANOTHER1, the claimant is entitled for an
amount of Rs.10,000/- towards legal expenses.
Altogether, the claimant is entitled for compensation of an
amount of Rs.4,04,386/-.
7. The claimant is therefore, entitled to the
compensation under the following heads:
Heads Compensation
Awarded
1. Pain and Sufferings : Rs. 60,000/-
2. Loss of future income : Rs. 1,46,880/-
3. Medical expenses : Rs. 85,506/-
4. Loss of income during the laid : Rs. 27,000/-
up period
5. Future medical expenses : Rs. 25,000/-
6. Attendant expenses, : Rs. 20,000/-
conveyance and nourishment
7. Loss of future amenities : Rs. 30,000/-
7. Legal Expenses : Rs. 10,000/-
TOTAL : Rs.
4,04,386/-
(2014) 11 SCC 178
NC: 2023:KHC:46835
8. Accordingly, the appeal of the claimant is
allowed-in-part enhancing the compensation from an
amount of Rs.3,15,066/- to Rs.4,04,386/- setting aside
the award passed in M.V.C.No.874/2015 dated
18.04.2017.
i. The enhanced amount shall carry interest at 6%
p.a. from the date of petition till the date of
realization. The claimant will not be entitled for
any interest for the delayed period.
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
NC: 2023:KHC:46835
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
MEG
CT: BHK
