Karnataka High Court
Sri Rajesh Gowda B K vs Sri Santhosh D C on 20 December, 2023
-1-
NC: 2023:KHC:46976
MFA No. 9684 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. 9684 OF 2017
(MV-I)
BETWEEN:
SRI RAJESH GOWDA B K
S/O KRISHNAPPA
AGED ABOUT 22 YEARS
R/AT 10, BACHAGUPPE COLONY
MAGADI MAIN ROAD
TAVAREKE HOBLI
BENGALURU
...APPELLANT
Digitally
(BY SRI. SHRIPAD V SHASTRI .,ADVOCATE)
signed by JAI
JYOTHI J AND:
Location: 1. SRI SANTHOSH D C
HIGH COURT
OF S/O ADAPT,
KARNATAKA
R/AT NO.89, 11TH CROSS,
VENKATESHAPPA LAYOUT ,BSK III STAGE
HOSAKEREHALLI, BENGALURU - 85
(RC OWNER OF CAR BEARING REG. NO.KA-05-
AB-9204)
2. UNITED INDIA INSURANCE CO. LTD.
T.P.HUB, 6TH FLOOR
KRISHI BHAVAN, HUDSON CIRCLE
-2-
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MFA No. 9684 of 2017
BENGALURU - 01.
BY ITS MANAGER
...RESPONDENTS
(BY SRI. JANARDHAN REDDY .,ADVOCATE FOR R2;
V/O DTD : 03.08.2022 NOTICE TO R1 IS DW)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED27.09.2017 PASSED
IN MVC NO.2477/2016 ON THE FILE OF THE 10TH
ADDITIONAL JUDGE, COURT OF SMALL CAUSES,
BENGALURU, 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.2477/2016 dated 27.09.2017, the claimant is
before this court, seeking enhancement of the
compensation.
2. The claim petition is filed seeking compensation
of an amount of Rs.20,00,000/- for the injuries sustained
by the claimant in the accident. As per the evidence of the
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doctor, the claimant had sustained two injuries such as
muscle deep laceration over right leg. The x-ray revealed
that there was fracture of tibia and fibula in the middle
1/3rd and secondly abrasion over left ankle. As per the
doctor, the first injury is grievous in nature while second
one is simple in nature. As per the evidence of the doctor,
because of the injuries, the claimant had sustained 15%
disability. It is the case of the claimant that he is working
as MNC operator in a company and earning an amount of
Rs.20,000/- per month. Considering the evidence at Ex.P-
12 and Ex.P-11, the court below had taken income at
Rs.16,000/- and considering the fact that he didn 't attend
the job for six months, granted an amount of Rs.96,000/-
towards loss of income during the laid up period. As the
evidence do not disclose that this disability had impact on
his future life and earning, the court below had not
granted any amount. The court below has granted the
compensation as per the table given below:-
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Sl. Description of Items Compensation
Awarded
No.
1. Loss of income during Rs. 96,000/-
laid up period
2. Pain and suffering Rs. 35,000/-
3. Medical Expenses Rs. 92,835/-
4. Attendant charges, Rs. 4,000/-
extra nutritious food
and conveyance
expenses
5. Towards Disablement Rs. 1,00,000/-
6. Loss of future amenities Rs. 20,000/-
7. Future medical Rs. 15,000/-
expenses
Total Rs. 3,62,835/-
3. Having heard the learned counsel on either
side, perused the entire material on record. In this case,
the claimant had sustained two injuries, under the head of
pain and suffering, this court is granting an amount of
Rs.50,000/-, towards Attendant, Nourishment and
Conveyance charges, the court below had granted only
an amount of Rs.4,000/-. Considering the hospitalisation,
this court is granting an amount of Rs.10,000/-.
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Towards medical expenses and disability, the court
below had rightly granted the compensation of an amount
of Rs.92,835/- and Rs.1,00,000/- respectively and no
interference is called for in this regard. Then coming to
the loss of amenities, considering the disability, this
court is granting an amount of Rs.40,000/- and towards
future medical expenses, the court below had granted
only an amount of Rs.15,000/- , as this is an accident of
the year 2016, this court is granting an amount of
Rs.30,000/-. Then towards loss of income during the
laid up period, considering the income at Rs.16,000/-,
the court below had granted an amount of Rs.96,000/-
which requires no interference.
4. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V. MEKALA -vs- M.
MALATHI AND ANOTHER 1, the claimant is entitled for
an amount of Rs.10,000/- towards legal expenses.
(2014) 11 SCC 178
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Altogether, the claimant is entitled for an amount
Rs.4,28,835/- at 6% interest.
5. The claimant is entitled for compensation under
the following heads:
Sl. Description of Items Compensation
Awarded
No.
1. Pain and suffering Rs. 50,000/-
2. Loss of income during Rs. 96,000/-
laid up period
3. Medical Expenses Rs. 92,835/-
4. Disability Rs. 1,00,000/-
5. Attendant, nourishment Rs. 10,000/-
and transport charges
6. Loss of Amenities Rs. 40,000/-
7. Future medical Rs. 30,000/-
expenses
8. Legal Expenses Rs. 10,000/-
Total Rs. 4,28,835/-
6. Accordingly, the appeal filed by the claimant is
Allowed-in-part by enhancing the compensation amount
from an amount of Rs.3,62,835/- to Rs.4,28,835/-.
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(a) The enhanced amount shall carry interest
@ 6% per annum from the date of
petition, till the date of realization.
(b) Respondent-Insurance Company shall
deposit the said compensation amount
with accrued interest before the tribunal
within a period of 8 (Eight) weeks.
(c) The Registry is directed to return the Trial
Court Record to the Tribunal along with
the certified copy of the order passed by
this court forthwith without any delay.
(d) No Costs.
Pending miscellaneous petitions, if any, shall
stand closed.
SD/-
JUDGE
TS
