Mr Prathap vs M/S The United India Insurance Co. Ltd
2023 Latest Caselaw 9523 Kant

Karnataka High Court

Mr Prathap vs M/S The United India Insurance Co. Ltd on 6 December, 2023

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                                                             NC: 2023:KHC:44115
                                                           MFA No. 7912 of 2014




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 6TH DAY OF DECEMBER, 2023

                                              BEFORE
                        THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                   MISCELLANEOUS FIRST APPEAL NO.7912 OF 2014(MV-I)


                   BETWEEN:

                   MR. PRATHAP
                   S/O DEVARAJ,
                   AGED ABOUT 20 YEARS,
                   R/AT NO. 67,Y.C. KEMPANNA LAYOUT,
                   BRIGHT HIGH SCHOOL MAIN ROAD,
                   GOWDANAPALYA,UTTARAHALLI MAIN ROAD,
                   SUBRAMANYAPURA POST,BANGALORE-560 061
                                                                     ...APPELLANT
                   (BY SMT. SREEVIDYA G.K., ADVOCATE FOR
                   SRI. T. N. VISWANATHA.,ADVOCATE)

                   AND:

                   1.   M/S THE UNITED INDIA INSURANCE CO. LTD.,
                        T.P. CLAIMS HUB,5TH FLOOR,
                        KRUSHI BHAVAN,HUDSON CIRCLE,
                        BANGALORE-560 002.
Digitally signed
by VINUTHA B S     2.   MR. SUBRAMANYA K.V.
Location: HIGH
COURT OF                S/O NARAYANA SWAMY NAIDU K
KARNATAKA
                        MAJOR,R/AT NO.T.F.32,"SATHVIKA DREAMS"
                        2ND MAIN,AMARJYOTHI NAGAR,
                        SANJAY NAGAR,BANGALORE-560 094.
                                                                   ...RESPONDENTS
                   (BY SRI. S KRISHNA KISHORE,ADVOCATE FOR R1;
                   R2- NOTICE DISPENSED WITH)

                        THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
                   JUDGMENT AND AWARD DATED 10.1.2014             PASSED IN
                   MVC NO.5304/2011 ON THE FILE OF THE 16TH ADDITIONAL JUDGE,
                   MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR
                   COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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                                                          NC: 2023:KHC:44115
                                                    MFA No. 7912 of 2014




     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:


                               JUDGMENT

Heard Smt.Sreevidya G.K. who argued on behalf of

Sri.T.N.Viswanatha. Also heard Sri.S.Krishna Kishore, learned

counsel who represented respondent No.1.

2. Disputing the quantum that is awarded as

compensation by the Motor Accidents Claims Tribunal,

Bengaluru, through orders in MVC No.5304/2011 dated

10.01.2014 (common order in MVC Nos.5303/2011 and

5304/2011) the present appeal is preferred.

3. The limited argument that is advanced by the

learned counsel for the appellant is that, though the appellant

sustained five grievous injuries and four other simple injuries, a

sum of Rs.30,000/- only is awarded as compensation under the

head pain and sufferings, a meager amount of Rs.10,000/- is

awarded under the head food, conveyance and other expenses

and Rs.10,000/- towards future medical expenses. Learned

counsel seeks for enhancement.

NC: 2023:KHC:44115

4. Learned counsel who represents respondent No.1

states that even if the contention of the appellant that the

amount awarded as compensation on lower side is taken to be

true, the appellant is not entitled for exorbitant amount of

Rs.10,00,000/- as claimed. There is no denial of the fact that

the appellant sustained fracture of left maxillary bone, fracture

of right nasal bone, fracture of roof of right orbit, fracture of

right frontal sinus, fracture of roof of left ethmoidal sinus and

four other injuries. Ex.P10 establishes the said fact.

5. Having considered these injuries, this Court is of

the view that, the amount awarded as compensation under the

head pain and sufferings i.e. Rs.30,000/- is highly unjustifiable.

Further, no amount is awarded as compensation for loss of

amenities in life. Thus, this Court considers desirable to

enhance the amount awarded as compensation under the head

pain and sufferings as prayed for and also for the amount that

would have been incurred towards conveyance, extra

nourishment, diet and attendant charges. Thus, the amount

awarded under the head pain and sufferings is enhanced from

Rs.30,000/- to Rs.1,00,000/-. The amount awarded for

conveyance, diet and other expenses is enhanced from

NC: 2023:KHC:44115

Rs.10,000/- to Rs.40,000/-. An amount of Rs.10,000/- is

awarded under the head loss of amenities in life. Thus, the total

enhancement is Rs.1,10,000/-. Therefore, the amount that the

appellant is liable to receive as just compensation comes to

Rs.2,18,500/-.

6. Thus, the following

ORDER

(i) The appeal is allowed in part.

(ii) The amount of compensation is enhanced from

Rs.1,08,500/- to Rs.2,18,500/-.

(iii) The enhanced amount will carry interest at the rate

awarded by the Tribunal.

(iv) However, in the light of the orders that were

rendered in IA No.1/2014 dated 11.01.2017, the appellant is

not entitled for interest on the enhanced amount for the

delayed period of 224 days.

Sd/-

JUDGE AP CT:TSM