Karnataka High Court
Sri. Janardhan @ Giddalur Janardhan vs The Manager on 21 December, 2023
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NC: 2023:KHC:46908
MFA No. 5855 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 5855 OF 2019 (MV-I)
BETWEEN:
SRI. JANARDHAN @
GIDDALUR JANARDHAN,
S/O GIDDALUR PEDDA RAMANNA,
AGE: 45 YEARS, OCC:LOADING & UNLOADING,
R/AT NO.360/2, SHANTHINAGARA,
HOGASANDRA,
BANGALORE - 560 068.
...APPELLANT
(BY SMT. SMITHA FOR SRI. SURESH M. LATUR, ADVOCATE)
AND:
1. THE MANAGER,
M/S: U.B.SPIRITS,
Digitally NO.23, GOWRI ANNEXE, S.T.RED,
signed by
JAI JYOTHI J KORAMANGALA,
Location: BANGALORE - 560 034.
HIGH
COURT OF
KARNATAKA
2. THE MANAGER,
ICICI LOMBARD GENERAL
INSURANCE COMPANY LIMITED,
2ND FFLOOR, SVR COMPLEX,
HOSUR MAIN ROAD, BENGALURU - 560 068.
...RESPONDENTS
(BY SRI. B.C. SHIVANNE GOWDA ADVOCATE FOR R2;
VIDE ORDER DATED 16/11/2022 NOTICE TO R1
DISPENSED WITH)
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MFA No. 5855 of 2019
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 26.04.2019 PASSED IN MVC
NO.4651/2018 ON THE FILE OF THE I ADDITIONAL SMALL
CAUSES JUDGE & MACT, BENGALURU [SCCH-11], PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in
M.V.C.No.4651/2018 dated 26.04.2019 by the MACT,
Bangalore, the claimant is before this Court seeking
enhancement of the compensation.
2. 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. According to the claimant he
had sustained left cerebullar contusion with endure
Haemorhage, left hand injuries, right leg injuries and other
injuries all over the body. Immediately after the accident
the claimant was admitted to Prashanth Hospital,
Bangalore, with the help of public and took first aid
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treatment and later he was admitted to St. John Hospital,
Bangalore, in a Taxi. On 26.04.2018 and MRI and CT scan
was done and was treated conservatively and discharged
on 07.05.2018 with the advise of follow up treatment. He
has spent an amount of Rs.51,000/- for medical bills and
for conveyance and transportation along with this he spent
an amount of Rs.1,20,000/-. According to the claimant he
had suffered disability. In support of his case except
examining himself as PW.1 and the record keeper as PW.2
he has not examined the Doctor. On his behalf he has
marked the documents Exs.P1 to P20. On behalf of the
respondents RW.1 is examined and marked the Policy copy
as Ex.R1. The Court below has held that the Insurance
Company is laible to pay the compensation. As the
accident had occurred due to the negligence on the part of
the driver of the offending vehicle. When it comes to the
compensation except marking the documents, no Doctor
was examined. The Court below has granted global
compensation of an amount of Rs.1,00,000/-.
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3. Learned counsel for the claimants submits that the
Court below had erred in granting compensation globally,
he submits that the Court below ought to have granted
compensation on each head. It is submitted that there
was head injury and also he sustained the disability.
These aspects were not considered by the Court below and
the compensation that was granted was not reasonable.
4. Learned counsel appearing for the 2nd
respondent/Insurance Company submits that as the
claimant had failed to examined the Doctor, the Court had
rightly not considered the other heads and granted the
compensation globally.
5. Having heard the learned counsels on either side,
perused the entire material on record.
6. In this case, the claimant has not examined the
Doctor. But the fact remains that as per the MRI he
suffered head injury and was treated conservatively and
he has also spent amounts towards medical expenses to
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an extent of Rs.51,000/- and this Court is granting an
amount of Rs.51,000/- towards medical bills. Then
under the head of pain and suffering he is entitled for an
amount of Rs.30,000/-. As he was admitted in the
Hospital as inpatient for 10 to 15 days, this Court is
granting an amount of Rs.15,000/- towards transport,
attendant and nourishment. Then towards loss of income
during laid up period, according to the claimant he is
earning an amount of Rs.15,000/- per month. As this is
an accident of the year 2018, this Court is taking the
monthly income at Rs.12,500/- per month and for two
months granting an amount of Rs.25,000/-. Considering
the injury to the head, this Court is inclined to grant an
amount of Rs.30,000/- towards loss of amenities.
7. 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.
(2014) 11 SCC 178
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8. Accordingly the claimant is entitled for the following
compensation :-
1 Medical bills Rs. 51,000/-
2 Pain and suffering Rs. 30,000/-
3. Loss of income during Rs. 25,000/-
laid up period (12,500 x
2)
4 Attendant, Nourishment Rs. 15,000/-
and Transport
5. Loss of amenities Rs. 30,000/-
6. Legal expenses Rs. 10,000/-
Total Rs. 1,61,000/-
i) Accordingly, the Appeal of the claimant is
allowed-in-part, by enhancing the compensation
amount from Rs.1,00,000/- to Rs.1,61,000/-.
ii) The enhanced amount shall carry interest at 6%
p.a. from the date of petition till the date of
realization.
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iii) The respondent No.2 - 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.
iv) 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.
v) No costs.
Pending miscellaneous petitions, if any, shall stand
closed.
SD/-
JUDGE
NG
