M R Lokesh vs Prakash
2023 Latest Caselaw 9696 Kant

Citation : 2023 Latest Caselaw 9696 Kant
Judgement Date : 7 December, 2023

Karnataka High Court

M R Lokesh vs Prakash on 7 December, 2023

                                          -1-
                                                      NC: 2023:KHC:44675
                                                    MFA No. 5332 of 2018




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                       DATED THIS THE 7TH DAY OF DECEMBER, 2023
                                       BEFORE

                   THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

                 MISCELLANEOUS FIRST APPEAL NO. 5332 OF 2018 (MV-I)

                BETWEEN:

                   M R LOKESH
                   S/O RAJAPPA
                   MAJOR
                   NO. 20, C MUDALAMAYAIGOWDANAHALLI
                   HALLI MYSORE HOBLI
                   HOLENARASIPURA TALUK
                   HASSAN DIST
                                                            ...APPELLANT
                (BY SRI D.C.PARAMESHWARIAH., ADVOCATE)
                AND:

                   PRAKASH
                   S/O CHALUVEGOWDA
                   R/AT ALAGODANAHALLI
                   HALLI MYSORE HOBLI
Digitally          HOLOENARSIPURA TALUK
signed by JAI
JYOTHI J
                                                          ...RESPONDENT
Location:
HIGH COURT      (BY SMT.A.R.SHARADAMBA.,ADVOCATE)
OF
KARNATAKA
                     THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
                JUDGMENT AND AWARD DATED 03/05/2015, PASSED IN MVC
                NO.889/2011, ON THE FILE OF THE PRINCIPAL DISTRICT
                JUDGE   &   MEMBER,   MACT,   I,  HASSAN,   AWARDING
                COMPENSATION OF RS.2,45,700/- WITH INTEREST AT 6% P.A.
                FROM THE DATE OF THIS PETITION TILL THE DATE OF
                REALISATION.

                     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
                DAY, THE COURT DELIVERED THE FOLLOWING:
                               -2-
                                           NC: 2023:KHC:44675
                                        MFA No. 5332 of 2018




                          JUDGMENT

This is an appeal filed by the owner of the vehicle

aggrieved by the award passed in MVC No.889/2011,

dated 03.05.2015 by the Principal District Judge and

MACT, at Hassan. The claim petition was filed seeking

compensation of an amount of Rs.25,00,000/- for the

injuries sustained by the claimant in the road traffic

accident.

2. According to the Doctor, the claimant had

sustained the following injuries: (i) swelling and deformity

of left thigh, (ii) x-ray shows sub-trochenitic fracture of

left femur, (iii) pain and swelling over right foot, (iv) x-

ray shows laceration over right buttock. The Doctor has

opined that there is 35% disability with respect to the left

leg and 10% disability with respect to the right leg. The

court below had considered the disability at 15% to the

whole-body. The court below had granted compensation

under various heads as follows:

NC: 2023:KHC:44675

Heads Compensation Awarded

1. Pain and Suffering : Rs. 20,000/-

2. Loss of income during treatment : Rs. 11,000/-

period

3. Medical Expenses : Rs. 41,200/-

4. Loss of future earning : Rs. 1,48,500/-

5. Future Amenities : Rs. 10,000/-

6. Conveyance, Nourishment, Diet : Rs. 15,000/-

and Attendant Charges TOTAL : Rs. 2,45,700/-

3. Learned counsel appearing for the owner

submits that the court below ought to have taken 10%

disability to the whole-body but had taken 15% which is

on higher side.

4. Learned counsel for the respondent submits

that as the disability to both the limbs is 45%, out of that

1/3rd is 15% and the court below had rightly taken the

disability and granted the compensation. This Court on

perusal of the entire record and reasoning given by the

court below, is of the opinion that the court below has

rightly taken the disability 15% to the whole-body and this

NC: 2023:KHC:44675

Court finds no reason for interference. Accordingly, the

appeal is dismissed.

i) 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.