Karnataka High Court
Shri Sweekar Gowda K E vs Shri V K Chandran on 5 December, 2023
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NC: 2023:KHC:44043
MFA No. 1732 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 1732 OF 2018 (MV-I)
BETWEEN:
SHRI SWEEKAR GOWDA K E
S/O K.B.ESHWARE GOWDA,
AGED ABOUT 25 YEARS,
R/AT KABBINAHALLI POST
KABBINAHALLI,
CHICKAMAGALURU - 577 101.
...APPELLANT
(BY SRI. AMSHITH HEGDE H S.,ADVOCATE)
AND:
1. SHRI V K CHANDRAN,
S/O KUTTAPPA
AGED ABOUT 62 YEARS
R/AT DASARAHALLI VILLAGE
CHICKAMAGLURU TALUK
CHICKAMAGALURU - 577 101
Digitally signed (OWNER OF MAHINDRA JEEP-KA-18-M-2833)
by JAI JYOTHI J
Location: 2. SHRI V C VINOD KUMAR
HIGH COURT S/O V K CHANDRAN
OF
KARNATAKA AGED ABOUT 39 YEARS,
R/AT DASARAHALLI VILLAGE
CHICKAMAGLURU TALUK
CHICKAMAGALURU - 577 101
(OWNER OF MAHINDRA JEEP-KA-18-M-2833)
3. NATIONAL INSURANCE COMPANY LTD.,
YASHORAM CHAMBERS, I.G.ROAD,
CHICKAMAGALURU - 577 101
(P.NO. 604901/31/14/6700001726,
VALID FROM 07-06-2014 TO 06-06-2015)
-2-
NC: 2023:KHC:44043
MFA No. 1732 of 2018
INSURERE OF MAHINDRA JEEP - KA-18-M-2833
4. SHRI Y D CHARANRAJ
S/O Y.B.DHARME GOWDA,
R/AT NO. 71, 3RD MAIN
1ST PHASE, MANJUNATHA NAGAR
RAJAJINAGAR
BENGALURU - 560 010
(OWNER OF MOTORCYCLE NO.KA-041-EJ-4639)
5. NEW INDIA ASSURANCE CO LTD.,
CHICKAMAGALURU - 577 101
(PNO.68010231140100003082)
...RESPONDENTS
(NOTICE SERVED TO R-1 & R-2 AND UNREPRESENTED; BY SRI.
RAVISH BENNI.,ADVOCATE FOR R-3; NOTICE TO R-4 IS
DISPENSED WITH V.O.D 04.10.2023)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 02.11.2017 PASSED IN MVC
NO.179/2016 ON THE FILE OF THE II ADDITIONAL DISTRICT
JUDGE AND MACT,CHIKKAMAGALURU, 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
This appeal is filed by the claimant aggrieved by the
award passed in MVC No.179/2016, dated 02.11.2017, by
the II Additional District Judge And MACT,
Chikkamagaluru, seeking enhancement of the
compensation.
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2. The claim petition is filed seeking compensation
of an amount of Rs.12,00,000/- for the injuries sustained
by the claimant. The Tribunal has held that the accident
had taken place because of the rash and negligent driving
of the driver of the offending vehicle and held that the
owner and insurer of the vehicle are jointly and severally
liable to pay the compensation. When it comes to the
compensation the claimant had sustained fracture of
frontal bone of paretal region and also contusion over the
shoulder. The court below had granted compensation
under various heads as follows:
Heads Compensation
Awarded
1. Pain and Sufferings : Rs. 30,000/-
2. Medical Expenses : Rs. 15,000/-
3. Diet and Attendant Charges : Rs. 10,000/-
4. Travelling Expenses : Rs. 5,000/-
5. Loss of Amenities : Rs. 10,000/-
TOTAL : Rs. 70,000/-
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3. There is no representation on behalf of the
appellant/claimant. Heard the learned counsel for the
insurance company and perused the entire material on
record. In this case the claimant had sustained fracture of
frontal bone of parietal region. under the head of pain
and sufferings the court below had granted Rs.30,000/-
considering the fracture injury sustained by the claimant
this court is inclined to grant an amount of Rs.40,000/-.
Then coming to the medical expenses, basing on the
evidence the court below had granted an amount of
Rs.15,000/- and hence no interference is called for.
Towards attendant, special diet and extra
nourishment an amount of Rs.10,000/- was granted.
Considering the hospitalization and requirement this Court
is inclined to grant an amount of Rs.15,000/-. Towards
Transportation an amount of Rs.5,000/- is granted
which is justified and no interference is called for. Coming
to the loss of amenities, the court below had granted an
amount of Rs.10,000/-, considering the injuries sustained
by the claimant, this court is inclined to grant an amount
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of Rs.20,000/-. Towards loss of income to the parents
as they were taking care of the claimant as the accident is
of the year 2014, taking the income at Rs.8,500/- per
month and laid up period for two months, the claimant is
entitled for an amount of Rs.17,000/- under the said
head.
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 ANOTHER1, the claimant is entitled for
an amount of Rs.10,000/- towards Legal Expenses.
5. The claimant is therefore, entitled to the
compensation under the following heads:
Heads Compensation
Awarded
1. Pain and Sufferings : Rs. 40,000/-
2. Loss of Earning to the parents : Rs. 17,000/-
(Rs.8,500 x 2 )
3. Medical Expenses : Rs. 15,000/-
4. Loss of Amenities & Future : Rs. 20,000/-
(2014) 11 SCC 178
NC: 2023:KHC:44043
Discomfort
5. Attendant & Extra : Rs. 15,000/-
Nourishment
6. Transportation : Rs. 5,000/-
7. Legal Expenses : Rs. 10,000/-
TOTAL : Rs. 1,22,000/-
6. Accordingly, the appeal is partly allowed,
enhancing the compensation amount from Rs.70,000/- to
Rs.1,22,000/-.
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
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
JJ
