Karnataka High Court
K R Srinivas vs Narasimhamurthy on 2 November, 2023
Bench: Rajendra Badamikar
-1-
NC: 2023:KHC:38991
MFA No. 7227 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
MISCELLANEOUS FIRST APPEAL NO. 7227/2014 (MV-I)
BETWEEN:
K R SRINIVAS,
AGED ABOUT 35 YEARS,
S/O K.V. RAJANNA,
R/A. KOPPA, KADABA HOBLI,
GUBBI TALUK,
TUMKUR DIST-572 122.
...APPELLANT
(BY SRI. ABDUL KHADAR, ADVOCATE FOR
SRI. MUSHTAQ AHMED, ADVOCATE)
AND:
1. NARASIMHAMURTHY,
AGED ABOUT 41 YEARS,
S/O RAMAIAH,
R/A NO. 65,
Digitally NEAR SRI SIDDI VINAYAK TEMPLE,
signed by SANJEEVININAGAR,
RENUKAMBA HEGGANAHALLI CROSS,
KG BANGALORE-91.
Location:
High Court of 2. NATIONAL INSURANCE CO.LTD,
Karnataka BRANCH OFFICE, 1ST FLOOR,
MUDDAPPA COMPLEX,
VIVEKANANDA ROAD,
TUMKUR-572 101.
...RESPONDENTS
(BY V/O DATED 18.07.2016, SMT. SUMAN HEGDE,
ADVOCATE FOR R2, V/O DATED 18.07.2016,
-2-
NC: 2023:KHC:38991
MFA No. 7227 of 2014
NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:06.12.2013 PASSED IN MVC
NO.209/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE,
ADDITIONAL MACT-17, GUBBI, 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 under Section 173(1) of Motor Vehicles
Act, 1988 (hereinafter referred to as 'the Act' for short) is
filed by the claimant seeking enhancement of the
compensation awarded by the Senior Civil Court and
Additional MACT-17, Gubbi in M.V.C.No.209/2009.
2. The brief facts of the case are that on
29.10.2005 at about 10.00 a.m., the claimant was
standing on the left side of the Koppa Gate waiting for
bus to go to Gubbi. It is alleged that the rider of the
Hero Honda Splendor Plus motor bike bearing
registration No.KA-02-HC-1922 drove it in a rash and
negligent manner from C.S.Pura side and dashed
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MFA No. 7227 of 2014
against the claimant resulting in injuries to him. That
respondent No.1 was the owner of the two wheeler while
respondent No.2 is the insurer. Hence, the claimant has
filed a claim petition under Section 166 of the Act
claiming compensation of Rs.5 Lakhs along with interest
at the rate of 12% per annum from the date of petition
till realization. The respondent No.1 did not contest the
matter while respondent No.2 has disputed the claim.
3. After appreciating the oral and documentary
evidence, the tribunal has awarded a total
compensation of Rs.37,200/- with interest at the rate of
6% per annum to the claimant from the date of petition
by fastening the liability on the respondents. Being
dissatisfied with the compensation awarded by the
tribunal, the claimant is before this court by way of this
appeal.
4. Heard the arguments advanced by the
learned counsel for the appellant/claimant. The learned
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MFA No. 7227 of 2014
counsel for the respondent is absent. Perused the
records.
5. The learned counsel for the appellant would
contend that the claimant has suffered two grievous
injuries and the tribunal has awarded only Rs.21,000/-
under 'pain and suffering' and no compensation was
awarded under the head 'future medical expenses' as
well as 'loss of amenities'. He would also contend that
the compensation awarded under other heads is also on
the lower side and as such, he would seek for
enhancement.
6. Having heard the arguments and perusing the
records, it is evident that the claimant has suffered
grievous injury in the road traffic accident. There is no
serious dispute of the fact that claimant sustained
injury by hitting of a two wheeler. Further the liability of
respondents No.1 and 2 is also undisputed as the
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MFA No. 7227 of 2014
insurer has not challenged the award either on the
ground of quantum or liability.
7. Ex.P5 is the wound certificate which discloses
that the claimant has suffered depressed fracture of
lateral tibial condyle of right knee. Hence, it is evident
that he has suffered one grievous injury. The injury is
on the right knee and admittedly it is weight bearing
bone. The tribunal has awarded the compensation of
Rs.21,000/- under the head 'pain and suffering' which
is on the lower side. Looking to the nature and gravity
of injury, it is just and proper to award a compensation
of Rs.40,000/- under the head 'pain and suffering' for
depressed fracture of lateral tibial condyle of right knee.
The tribunal has awarded Rs.15,000/- towards 'medical
expenses' based on records, which does not callfor any
interference. Further, the tribunal has awarded
Rs.600/- each under the head 'attendant charges' as
well as 'food and nourishment', but the same appears to
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MFA No. 7227 of 2014
be on lower side considering the admission of the
claimant in hospital for 6 days. Hence, I propose to
award Rs.2,000/- towards attendant charges and
Rs.2,000/- towards Food and Nourishment. The
claimant was admitted in the hospital for 6 days. This
fact is evident from Ex.P10 and there is no serious
dispute of this aspect. Though it is argued that the
claimant has underwent operation and implants were
fixed, no evidence is forthcoming to substantiate this
aspect. Considering the fact that the claimant was
admitted in hospital for 6 days and has suffered injury
to his weight bearing bone, in my considered opinion
under the head of 'loss of amenities and inconvenience'
he is entitled for additional compensation of
Rs.15,000/- as tribunal has not awarded any
compensation. There is no evidence regarding future
medical expenses. Looking to these facts and
circumstances, the claimant would be entitled for
compensation under various heads as under:
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MFA No. 7227 of 2014
Pain and suffering - Rs.40,000/-
Medical Expenses - Rs.15,000/-
Attendant charges - Rs. 2,000/-
Food and Nourishment - Rs. 2,000/-
Loss of amenities
And happiness - Rs.15,000/-
Total - Rs.74,000/-
Hence, claimant would be entitled for a total
compensation of Rs.74,000/-. The tribunal has awarded
Rs.37,200/-, which is on the lower side. Hence, the
appeal needs to be allowed in part and accordingly I
proceed to pass the following:
ORDER
(i) The appeal is allowed in part.
(ii) The claimant / appellant is held entitled for a
total compensation of RS.74,000/- as against
Rs.37,200/- awarded by the tribunal.
(iii) The enhanced compensation of Rs.37,000/-
shall carry interest at the rate of 6% per
annum and the respondent No.2 - insurer is
directed to deposit the enhanced compensation
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with accrued interest therein on within a
period of six weeks from today.
(iv) The entire enhanced compensation shall be
released in favour of the claimant.
Sd/-
JUDGE
SS
