Karnataka High Court
Mrs Shruthi S Suvarna vs Mr Mithun on 5 December, 2023
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NC: 2023:KHC:44041
MFA No. 2140 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. 2140 OF 2018 (MV-I)
BETWEEN:
MRS SHRUTHI S SUVARNA @ SHRUTHI
W/O SUNIL A
AGED ABOUT 31 YEARS,
R/AT D.NO.25-18-1158
"SOWMYA NILAYA" SUTERPETE
6th CROSS, BEHIND BABBU SWAMI TEMPLE
VALENCIA KANKANADY
MANGALORE-575 002
...APPELLANT
(BY SRI.KETHAN KUMAR.,ADVOCATE)
AND:
1. MR MITHUN
S/O DIWAKAR
AGED ABOUT 22 YEARS,
R/AT GUDDEMAR HOUSE
Digitally NEAR VIDYARATNA SCHOOL BADYAR
signed by JAI BELMA VILLAGE, DERALAKATTE,
JYOTHI J MANGALORE TALUK D.K.-575 001
Location:
HIGH 2. THE DIVISIONAL MANAGER
COURT OF THE ORIENTAL INSURANCE COMPANY LTD.,
KARNATAKA D.NO.2-6/26 (13) RED COMPLEX,
THOKKOTTU ULLAL
MANGALORE TALUK-575003
...RESPONDENTS
(NOTICE TO R-1 SERVED AND UNREPRESENTED; BY SRI
K.N.SRINIVASA., ADVOCATE FOR R-2)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED15.09.2017 PASSED IN MVC
-2-
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MFA No. 2140 of 2018
NO.852/2017 ON THE FILE OF THE MEMBER,MACT & I
ADDITIONAL SENIOR CIVIL JUDGE,MANGALURU,DAKSHINA
KANNADA, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in MVC No.852/2017,
dated 15.09.2017, by the MACT & 1st Additional Senior
Civil Judge, Mangalore, Dakshina Kannada, the claimants
have preferred this appeal seeking enhancement of the
compensation.
2. The claim petition is filed seeking compensation
of an amount of Rs.7,00,000/- for the injuries sustained
by the claimant in the accident. It is the case of the
claimant that he was working as guest lecture and earning
an amount of Rs.19,000/- per month. As per the wound
certificate the claimant had sustained the following
injuries: i) tenderness and swelling over the left side of the
face, ii) tenderness and swelling over the right forearm
and wrist, iii) fracture of zysmatic complex on left side, iv)
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Fracture of distal end of radius bone with dislocation. The
court below had granted compensation under various
heads as follows:
Heads Compensation
Awarded
1. Pain and sufferings : Rs. 55,000/-
2. Medical Expenses : Rs. 75,000/-
3. Attendant Charges : Rs. 4,000/-
4. Loss of income during : Rs. 22,500/-
treatment period
5. Loss of future income : Rs. 92,000/-
6. Future medical expenses : Rs. 7,500/-
TOTAL : Rs. 2,56,000/-
3. As there was no evidence placed in support of
the income, the court below had taken the income at
Rs.7,500/-. Coming to the disability, as per the Doctor's
evidence the claimant had suffered 20% disability to the
particular limb, the court below had taken the disability at
6% to the whole-body and taking the income at
Rs.7,500/- granted an amount of Rs.22,500/- towards loss
of income during laid up period. The Doctor had stated
that the claimant would require a future surgery which
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costs an amount of Rs.15,000/- but the court below had
granted an amount of Rs.7,500/-. Learned counsel
appearing for the appellant submits that the kind of
injuries the claimant suffered, granting an amount of
Rs.55,000/- for pain and suffering is on lower side. That
the claimant was working as a guest lecturer and taking
the income at Rs.7,500/- is not correct. Further, he
submits that the compensation awarded under all other
heads are not just and reasonable.
4. There is no representation on behalf of the
respondents. Having heard the learned counsel for the
appellant, perused the entire material on record. In this
case, the claimant had sustained two grievous injuries and
two simple injuries under the head of pain and suffering
this Court is inclined to grant an amount of Rs.60,000/-.
Coming to the loss of future income due to disability,
though it is stated that the claimant was working as a
guest lecture and he has placed before the court his pay-
slip, no other evidence is placed, hence the court below
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had taken the income at Rs.7,500/- considering the
accident is of the year 2016 this court is considering the
income at Rs.9,500/-. Therefore, the claimant is entitled
for an amount of Rs.1,16,280/- (Rs.9,500 x 12 x 17 x
6/100) towards loss of future income due to disability.
Coming to the attendant, nourishment and transport
the court below had granted only Rs.4,000/- which is on
the lower side and this court is inclined to award an
amount of Rs.15,000/-. Towards loss of income during
treatment period considering the injuries, three months
would be appropriate period. Taking the income at
Rs.9,500, the claimant is entitled for an amount of
Rs.28,500/- (Rs.9,500 x 3). Towards future medical
expenses, the doctor has opined that it would cost
Rs.15,000/- court below had granted Rs.7,500/- which is
on lower side, hence an amount of Rs.15,000/- is
granted under the said head. Towards Loss of Amenities
no amounts were granted, considering the disability,
discomfort and unhappiness in life this court is inclined to
grant Rs.15,000/-. Regarding medical expenses, the
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court below had rightly granted an amount of
Rs.75,000/- which is as per the bills and receipts and this
court does not find ground to interfere.
5. 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.
6. The claimant is therefore, entitled to the
compensation under the following heads:
Heads Compensation
Awarded
1. Pain and sufferings : Rs. 60,000/-
2. Medical Expenses : Rs. 75,000/-
Nourishing & Attendant
3. : Rs. 15,000/-
Charges
4. Loss of income during : Rs. 28,500/-
treatment period
5. Loss of future income : Rs. 1,16,280/-
6. Loss of Amenities : Rs. 15,000/-
7. Future medical expenses : Rs. 15,000/-
8. Legal Expenses : Rs. 10,000/-
TOTAL : Rs. 3,34,780/-
(2014) 11 SCC 178
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7. Accordingly, the appeal is partly allowed,
enhancing the compensation amount from Rs.2,56,000/-
to Rs.3,34,780/-.
i) The enhanced amount shall carry interest at 6%
p.a., from the date of petition till the date of
realization, excluding the amount granted under
the head 'future medical expenses'.
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
copy of the order passed by this Court forthwith
without any delay.
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iv) No costs.
Pending miscellaneous petitions, if any, shall stand closed.
Sd/-
JUDGE
JJ
