Karnataka High Court
Sathish B R vs Rony Abraham Muthiraparampil on 21 November, 2023
-1-
NC: 2023:KHC:42353
MFA No. 8305 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
M.F.A. NO. 8305 OF 2017 (MV-I)
BETWEEN:
SATHISH B R
S/O RAVI,
AGED ABOUT 24 YEARS
R/AT NO.136, A KRISHNAPPA NAGAR,
HALANAYAKANAHALLI,
DODDAKANNALLI POST,
VARTHUR HOBLI,
SARJAPURA ROAD,
BANGALORE-35
PERMANENT R/AT BYNAHALLI VILLAGE,
CHINTHAMANI TALUK
CHIKKABALLAPURA DISTRICT
Digitally ... APPELLANT
signed by
JAI JYOTHI J (BY SRI. SHRIPAD V SHASTRI., ADVOCATE)
Location:
HIGH
COURT OF
KARNATAKA AND:
1. RONY ABRAHAM MUTHIRAPARAMPIL
MUTHIRAPARAMPIL HOUSE,
VAZHAPALLY PO
CHANGANACHERRY,
KOTTAYAM,
KERALA STATE
(RC OWNER OF CAR BEARING NO.KL-33-D-9969)
-2-
NC: 2023:KHC:42353
MFA No. 8305 of 2017
2. THE ORIENTAL INSURANCE CO.LTD
REGIONAL OFFICE,
LEO SHOPPING COMPLEX,
RESIDENCY ROAD CROSS,
M.G.ROAD,
BENGALURU-560 001
(I.P. NO.442600/21/2015/20727
VALID FROM 04.02.2015 TO 03.02.2016)
... RESPONDENTS
(BY SRI. K. POORNABODHA RAO, ADVOCATE FOR R2;
V/O DATED 03.11.2023, NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:31.07.2017 PASSED IN MVC
NO.3843/2016 ON THE FILE OF THE XXI ADDITIONAL SMALL
CAUSES JUDGE AND XIX ACMM MEMBER-MACT BANGALORE
(SCCH-23), 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 is an appeal filed by the claimant aggrieved by
MVC NO.3843/2016, dated 31.07.2017 passed by the XXI
Additional Small Causes Judge And XIX ACMM MEMBER-
MACT Bangalore, seeking enhancement of compensation.
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2. The claim petition was filed seeking
compensation of an amount of Rs.12,00,000/-. The
Tribunal has awarded an amount of Rs.73,131/-. It is the
case of the claimant that the claimant had sustained
injuries i.e., laceration over right parietal area of scalp
measuring 5 cm x 13 cm x bone deep active bleeding
present, laceration over right parietal area of scalp 3 cm
away from injury measuring 3 cm x 2 cm x bone deep,
actively bleeding, CT scan of brain shows non-displaced
right parietal tempo bone fracture, thing extra dural
hemorrhage. All the fractures are fresh and covered by
shird weapon and grevious in nature. Asper the discharge
summary, the claimant took treatment as an inpatient in
Sakra Hospital Bangalore from 11.12.2015 to 13.12.2015.
The claimant has not examined any doctor except marking
the medical bills. Under the head of pain and suffering the
court below had granted an amount of Rs.10,000/-,
towards loss of amenities in life no amount was granted,
towards medical expenses an amount of Rs.38,131/-,
towards conveyance, nourishment and incidental expenses
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an amount of Rs.15,000/- was granted, towards loss of
future loss of earning an amount of Rs.10,000/-.
Altogether, an amount of Rs.73,131/- was awarded by the
court below.
3. Learned counsel for the claimant submits that
when the claimant had sustained head injury granting an
amount of Rs.10,000/- under the head of pain and
suffering is on lesser side and no amount was granted
under the head of loss of amenities. It is submitted that
even if the doctor is not examined the court below ought
to have considered the medical documents and granted
the compensation.
4. On the other hand, the learned counsel for the
insurance company submits that the court below
considering the evidence on record had rightly granted the
compensation. Infact without examining any person or
doctor, the court below had granted the compensation
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under several heads and hence no grounds are made out
for enhancement of the compensation.
5. Heard the learned counsel on either side and
perused the entire material on record. In this case the
claimant has not examined the doctor, but as per the
wound certificate he had sustained the aforesaid injuries.
Considering these facts and circumstances, though the
doctor was not examined this Court is inclined to award an
amount of Rs.50,000/- towards pain and suffering,
towards medical expenses an amount of Rs.38,131/-
was granted which is as per the bills and receipts, towards
transport, conveyance and nourishment an amount of
Rs.15,000/- was granted, and towards loss of income
during laid up period an amount of Rs.10,000/- was
granted which are reasonable and no interference is called
for. Altogether the compensation was granted by the
tribunal on this heads reasonable.
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6. 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.
7. The claimant is therefore, entitled to the
compensation under the following heads:
Heads Compensation
Awarded
1. Pain and Sufferings : Rs. 50,000/-
2. Loss of Earning during laid up : Rs. 10,000/-
period
3. Medical Expenses : Rs. 38,131/-
4. Conveyance, Nourishment & : Rs. 15,000/-
Incidental Charges
5. Legal Expenses : Rs. 10,000/-
TOTAL : Rs. 1,23,131/-
8. Accordingly, the appeal is partly allowed,
enhancing the compensation amount from Rs.73,131/- to
Rs.1,23,131/-.
(2014) 11 SCC 178
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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.
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
