Karnataka High Court
Sri B Vinod vs The Principal on 20 December, 2023
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NC: 2023:KHC:46651
MFA No. 6941 of 2019
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. 6941 OF 2019 (MV-I)
BETWEEN:
SRI. B. VINOD,
S/O K. BALA KRISHNA,
AGED ABOUT 57 YEARS,
R/AT NO.697, III BLOCK,
VII CIRCLE, IV 'A' MAIN ROAD,
B.E.L. LAYOUT, VIDYARANYAPURA,
BENGALURU - 97.
...APPELLANT
(BY SMT. B.A. VANAMALA, ADVOCATE FOR
SMT. SUGUNA R. REDDY, ADVOCATE)
AND:
1. THE PRINCIPAL,
Digitally
signed by JAI PRESIDENCY SCHOOL,
JYOTHI J
C.A. SITE 79/A, II 'A' MAIN,
Location:
HIGH COURT III 'A' CROSS, EAST TO N.G.E.F LAYOUT,
OF KASTURI NAGAR, BENGALURU - 43.
KARNATAKA
2. THE BANK MANAGER,
ICICI LOMBARD GEN.
INSURANCE COMPANY LTD.,
NO.121, THE ESTATE BUILDINGS,
9TH FLOOR, DICKENSON ROAD, BENGALURU.
...RESPONDENTS
(BY SRI. K. VENKATE GOWDA, ADVOCATE FOR R1;
SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R2)
-2-
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MFA No. 6941 of 2019
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 31/08/2018, PASSED IN MVC
NO.4843/2017, ON THE FILE OF THE XXII ADDITIONAL SMALL
CAUSES JUDGE & XX ACMM., & MEMBER, MACT, BENGALURU
(SCCH-24), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR FURTHER ORDEES, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in
M.V.C.No.4843/2017 dated 31.08.2018 by the XXII
Additional Small Causes Judge and XX Additional Chief
Metropolitan Magistrate and MACT, Bengaluru (SCCH-24),
the claimant is before this Court seeking enhancement of
the compensation. The claim petition was filed seeking
compensation of an amount of Rs.15,00,000/-.
2. According to the claimant, he was aged about 55
years, working as a driver and was earning an amount of
Rs.13,000/- per month along with perks. As per the
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wound certificate, the claimant had sustained (1) inter
condylar fracture of right upper Tibia, (2) fracture of right
zygomatic bone, (3) fracture of right side of mandible and
(4) bleeding from mouth and nostrils. As per the doctor,
injuries 1 to 3 are grievous in nature. The doctor had
deposed that all the fractures are united further stated
that two fractures united, but tibia fracture mal-union and
implants are not yet removed.
3. Though the doctor had stated that the claimant
had sustained 22.29% disability to the whole body, the
Court below had considered 10% as the disability and as
there was no evidence in support of the income, the Court
below had taken the income at Rs.8,000/- per month and
granted compensation under the following heads:
Heads Compensation
Awarded
1. Pain and suffering Rs. 50,000/-
2. Food & Nourishment, Rs. 25,000/-
conveyance & attendant
charges
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3. Medical expenses Rs. 44,532/-
4. Loss of income during the Rs. 16,000/-
treatment period.
5. Loss of future earnings Rs. 1,05,600/-
6. Future medical expenses Rs. 10,000/-
Total Rs. 2,51,132/-
4. Learned counsel appearing for the claimant
submits that the Court below had failed to consider the
evidence of the doctor and while considering the disability,
as it is an accident of the year 2017, the Court ought to
have taken reasonable amount as the income. It is
submitted that under all the heads, compensation that was
awarded by the Tribunal was on the lower side.
5. Learned counsel appearing for the Insurance
Company submits that the doctor while giving the
evidence had not clearly stated how he had arrived at
22.29% disability and as such, the Court below had rightly
taken the disability as 10%. Even on the income also, as
there was no evidence, the Court below had taken
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Rs.8,000/- as the income and no grounds are made out
seeking enhancement of the compensation.
6. Having heard the learned counsel on either side,
perused the entire material on record. In this case, the
claimant had sustained three fractures, the Court below
had granted an amount of Rs.50,000/- towards pain and
suffering. Considering the injuries sustained by the
claimant, this Court is granting an amount of
Rs.90,000/- under the head of pain and suffering.
Then coming to the head of nourishment, conveyance and
attendant charges, the Court below had granted an
amount of Rs.25,000/- which is a reasonable amount.
Towards medical expenses also the Court below had
granted an amount of Rs.44,532/- based on the evidence
and no interference is called for.
7. Then coming to the loss of income during the laid
up period, as this is an accident of the year 2017, this
Court is taking the income at Rs.11,000/- as per the chart
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prepared by the legal services authority. For the
hospitalization and recovery, for four months
(Rs.11,000x4), this Court is granting an amount of
Rs.44,000/- towards loss of income during the laid
up period. Towards future medical expenses, for the
removal of implants, the Court below had granted an
amount of Rs.10,000/- which is on the lower side. This
Court is granting an amount of Rs.20,000/- towards
future medical expenses. Towards loss of amenities, no
amount is granted. Considering the disability and the
injuries, this Court is granting an amount of Rs.30,000/-
towards loss of amenities. Then coming to the loss of
future income, the doctor had deposed that there is
22.29% disability to the whole body and the Court below
had taken 10% as the disability. Considering the evidence
of the doctor, this Court is taking 15% as the disability.
As this Court has taken the income at Rs.11,000/-,
towards loss of future income, it would come to
Rs.11,000x12x11x15/100 = Rs.2,17,800/-.
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8. 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.
Altogether, the claimant is entitled for an amount of
Rs.4,81,332/-.
9. The claimant is therefore, entitled to the
compensation under the following heads:
Heads Compensation
Awarded
1. Pain and suffering : Rs. 90,000/-
2. Food and nourishment, : Rs. 25,000/-
conveyance and attendant
charges
3. Medical expenses : Rs. 44,532/-
4. Loss of income during the laid : Rs. 44,000/-
up period
5. Future medical expenses : Rs. 20,000/-
6. Loss of future income : Rs. 2,17,800/-
7. Loss of amenities : Rs. 30,000/-
(2014) 11 SCC 178
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8. Legal Expenses : Rs. 10,000/-
TOTAL : Rs.
4,81,332/-
10. Accordingly, the appeal of the claimant is
allowed-in-part, by enhancing the compensation from an
amount of Rs.2,51,132/- to Rs.4,81,332/- setting aside
the award passed in M.V.C.No.4843/2017 dated
31.08.2018.
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.
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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
MEG
CT: BHK
