Karnataka High Court
Sri. Nagaraj vs Sri. Kiran Kumar on 24 November, 2023
-1-
NC: 2023:KHC:44974
MFA No. 5514 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 5514 OF 2017 (MV-I)
BETWEEN:
SRI.NAGARAJ,
S/O LATE PATEL RAMAPPA,
AGED ABOUT 44 YEARS,
C.H.C. 1956,
TOWN POLICE STATION, SAGAR,
SAGAR TALUK-577401,
SHIVAMOGGA DISTRICT.
...APPELLANT
(BY SRI.SHIVKUMAR SWAMY G.S.,ADVOCATE)
AND:
1. SRI.KIRAN KUMAR,
MAJOR,
Digitally
signed by JAI CPC 2083, RURAL POLICE STATION,
JYOTHI J R/O MANDAGHATTA VILLAGE,
Location: SHIVAMOGGA TALUK AND DISTRICT,
HIGH
COURT OF (RIDER OF THE BIKE BEARING NO.
KARNATAKA KA-14/EA-6230).
2. SRI.SADASHIVAPPA,
MAJOR IN AGE,
S/O DURGAPPA,
R/O MANDAGHATTA VILLAGE,
SHIVAMOGGA TAUK AND DISTRICT,
PIN-577201.
(OWNER OF THE DISCOVERY BIKE
BEARING NO.KA-14/EA-6230)
-2-
NC: 2023:KHC:44974
MFA No. 5514 of 2017
3. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE COMPANY,
S.S. COMPLEX,
B.H ROAD,
SHIVAMOGGA-577201.
...RESPONDENTS
(BY SRI.A.RAVISHANKAR FOR R3.,ADVOCATE)
R1 AND R2 SERVED AND UNREPRESENTED.
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 07.11.2016 PASSED IN MVC
NO.420/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE &
J.M.F.C. & MEMBER, ADDITIONAL M.A.C.T-9, SAGAR. PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION AND ETC,.
THIS APPEAL, COMING ON FOR FINAL DISMISSAL, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimant aggrieved by the
award passed in M.V.C.No.420/2013, on the file of the
Senior Civil Judge and JMFC and Additional Motor
Accidents Claims Tribunal-9, Sagara, dated 7.11.2016
whereby the Tribunal had granted compensation of an
amount of Rs.3,36,900/-.
2. The claimant had filed the petition seeking
compensation of an amount of Rs.26,50,000/- It is the
case of the claimant that in the accident, he had sustained
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grievous injuries to his head and to both the knees, and
the doctor opined that the injuries were grievous in
nature. The Court below under the head of pain and
suffering had granted an amount of Rs.30,000/-. The
claimant had claimed compensation of Rs.10,00,000/-
towards medical expenses. In that regard, Ex.P9 to
Ex.P19-medical bills to the tune of Rs.87,772/- and
inpatient bill is Rs.2,81,865/- were produced. The Court
below had observed that an amount of Rs.80,628/- paid to
BGS hospital, Bengaluru is included and accordingly,
granted an amount of Rs.2,81,900/- under the head of
medical bills. When it comes to transportation, extra
nourishment and attendant charges an amount of
Rs.25,000/- was granted. Altogether, the compensation of
an amount of Rs.3,36,900/- was awarded by the Tribunal.
3. Learned counsel appearing for the appellant
submits that the Court below without considering any of
the evidence on record has granted the compensation
which is not just and reasonable. It is submitted that
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under the head of pain and suffering granting an amount
of Rs.30,000/- for one grievous injury, which is on the
lower side. He submits that he is working as a Police
Constable and for the loss of income during the laid up
period, no amounts were granted and even under the head
of medical expenses also when he has claimed that he had
spent an amount of Rs.10,000/-. The Court below had
granted only an amount of Rs.2,81,900/-. Even when he
was an inpatient for 22 days, under the transportation,
extra nourishment and attendant charges granting an
amount of Rs.25,000/-, which is on the lower side. He
submits that under the head of loss of amenities, no
amount was granted. It is submitted that the
compensation that was awarded by the Tribunal is not a
reasonable compensation.
4. Learned counsel appearing for the Insurance
Company submits that the Court below considering the
evidence on record has rightly granted the compensation
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and no grounds are made out seeking interference with
the award passed by the Tribunal.
5. Having heard the learned counsels on either side,
perused the entire material on record.
6. Admittedly in this case the claimant had sustained
one grievous injury. Under the head of pain and suffering,
this Court is inclined to grant an amount of Rs.40,000/-.
When it comes to the medical bills it is the argument of
the learned counsel for the appellant that though he had
spent huge amount for the treatment, all the bills could
not be filed as it was very difficult to produce all the
medical bills, which this Court is not able to appreciate and
the Court below had rightly considering all the medical
bills and granted an amount of Rs.2,81,900/-. When it
comes to transport, extra nourishment and attendant
charges, according to the claimant, he was in hospital for
a period of 22 days and an amount of Rs.25,000/- is
granted which is on the lower side. Considering the fact
that he was in the hospital for a period of 22 days and
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traveling from a long distance and also there was a
requirement of attendant, this Court is inclined to grant an
amount of Rs.35,000/- under this head.
7. 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.
Altogether, the claimant is entitled for compensation of an
amount of Rs.3,66,900/-.
8. The claimant is therefore, entitled to the
compensation under the following heads:
Heads Compensation
Awarded
1. Pain and Suffering : Rs. 40,000/-
2. Medical expenditure : Rs. 2,81,900/-
Transportation, attendant
3. : Rs. 35,000/-
charges and nourishment
4. Legal Expenses : Rs. 10,000/-
TOTAL : Rs. 3,66,900/-
(2014) 11 SCC 178
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9. Accordingly, the appeal is allowed-in-part by
enhancing the compensation from an amount of
Rs.3,36,900/- to an amount of Rs.3,66,900/-.
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 this
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 judgment passed by this
Court forthwith without any delay.
iv. No costs.
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10. Pending miscellaneous petitions, if any, shall
stand closed.
SD/-
JUDGE
RMS
CT.:RMS
