Karnataka High Court
Shivananjegowda @ vs Shekar M P on 27 November, 2023
-1-
NC: 2023:KHC:42906
MFA No. 1451 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 1451 OF 2018
(MV-I)
BETWEEN:
SHIVANANJEGOWDA @
SHIVANANJU,
S/O LATE KULLANINGEGOWDA,
R/O KODENAKOPPAL VILLAGE,
MALAVALLI TALUK,
MANDYA DISTRICT-571430
...APPELLANT
(BY SRI. KEMPARAJU.,ADVOCATE)
Digitally
signed by AND:
JAI JYOTHI J
Location: 1. SHEKAR M.P
HIGH
COURT OF S/O PUTTEGOWDA,
KARNATAKA R/O MAIN ROAD,
SATYAGALA HAND POST,
KOLLEGALA TALUK
CHAMARAJA NAGARA DISTRICT-571440
2. NIRMALA DEVI N.S.
W/O NAGESH M N
R/O BASAWESHWARA NILAYA,
NES EXTENSION, 2ND CROSS,
-2-
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MFA No. 1451 of 2018
WARD NO.5, MALAVALLI TALUK
MANDYA DISTRICT-571403
3. SBI GEN. INSURANCE
1ST FLOOR, RUKMINI PLAZA 1A,
SRIRAMAPURA MAIN ROAD,
VIVEKANANDA NAGAR CIRCLE
80 FEET ROAD, MADUVANA LAYOUT,
SRIRAMAPURA,
MYSORE-560 004
...RESPONDENTS
(BY R1 AND R2 SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 23.02.2017 PASSED
IN MVC NO.508/2016 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND MACT, MALAVALLI, 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
the award passed in MVC No.508/2016, dated 23.02.2017.
The claim petition was filed seeking compensation of an
amount of Rs.8,20,000/- for the injuries sustained by the
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claimant in the accident. The Tribunal had awarded an
amount of Rs.2,51,000/-. Seeking enhancement, the
claimant is before this Court.
2. The case of the claimant is that he had
sustained injuries to (i) scalp, (ii) nose, (iii) forehead, (iv)
low back. According to the Doctor, injuries Nos.1 to 3 are
simple in nature and injury No.(iv) is grievous in nature.
The Doctor had deposed that the claimant had sustained
18.44% disability to the particular limb and 10% disability
to the whole-body. The court below awarded
compensation under various heads as follows:
Heads Compensation
Awarded
1. Medical Expenses : Rs. 1,02,500/-
2. Pain and Sufferings : Rs. 35,000/-
Food, Nourishment, Attendant &
3. : Rs. 10,000/-
Conveyance Charges
4. Future Medical Expenses : Rs. 10,000/-
5. Permanent Disability : Rs. 93,600/-
TOTAL : Rs. 2,51,100/-
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3. According to the claimant he was earning an
amount of Rs.40,000/- p.m. As there was no evidence in
this regard the court below had taken the monthly income
at Rs.6,000/- and under the head of loss of income due to
permanent disability an amount of Rs.93,600/- was
granted. Towards Loss of Income during laid up period no
amounts were granted. The Doctor had deposed that
towards future medical expenses an amount of
Rs.35,000/- is required but the court below had granted
only an amount of Rs.10,000/-.
4. This matter was listed before the court under
the caption for 'Final Hearing'. During the forenoon and in
the afternoon there was no representation on behalf of the
appellant. Learned counsel for the respondent - insurance
company is present. In support of the grounds of appeal it
is stated that the court below failed to appreciate the
evidence available on record. The income of the claimant
taken at Rs.6,000/- p.m., by the court below is very low,
granting an amount of Rs.1,02,000/- both for medical and
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attendant & nourishment, etc., is on the lower side. The
Doctor has deposed that an amount of Rs.35,000/- would
be required for future medical expenses. The court below
had granted only an amount of Rs.10,000/- which is also
on lower side.
5. Learned counsel for the insurance company-
respondent submits that the tribunal had rightly awarded
the compensation based on the evidence available on
record. He submits that though it was claimed that the
claimant was earning an amount of Rs.40,000/- per
month, no evidence was placed with regard to the same
and no grounds are made out for enhancement.
6. Having heard the learned counsel for the
respondent, perused the entire material on record. In this
case, the claimant had sustained four injuries. As per the
Doctor three injuries are simple and one is grievous. Under
the head of pain and suffering the court below had
granted an amount of Rs.35,000/-, which is on lower side
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and this Court is inclined to grant an amount of
Rs.40,000/-. When it comes to loss of income
according to the claimant he was earning an amount of
Rs.40,000/- p.m. No doubt there is no evidence in this
regard. Considering the accident is of the year 2016 this
Court is inclined to take an amount of at Rs.9,500/- p.m.
as income. The Tribunal had rightly taken the disability at
10%. Hence, the claimant is entitled for an amount of
Rs.1,48,200/- (Rs.9,500 x 12 x 13 x 10/100) towards
loss of future income due to disability. Towards
medical expenses, nourishment, attendant charges
and transport the court below had granted an amount of
Rs.1,12,500/-. In that an amount of permanent disability
Rs.93,600/- is for medical expenses on that count the
compensation awarded by the court below is reasonable
and this court finds no reason to enhance the same. When
it comes to the future medical expenses the doctor had
deposed that it would cost Rs.35,000/-, court below had
opined that the same is excessive and granted an amount
of Rs.10,000/-. Considering the accident is of the year
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2016 this court is inclined to grant an amount of
Rs.25,000/- towards future medical expenses which is
in the considered opinion of this court is reasonable. Under
the head of loss of amenities no amounts were granted
by the court below. In view of the injuries and disability
sustained an amount of Rs.25,000/- is granted. Towards
loss of earning during laid up period considering the
income at Rs.9,500/- and for three months an amount of
Rs.28,500/- is granted.
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.
8. The claimant is therefore, entitled to the
compensation under the following heads:
Heads Compensation
Awarded
1. Pain and Sufferings : Rs. 40,000/-
(2014) 11 SCC 178
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2. Loss of future income due to : Rs. 1,48,200/-
disability
Loss of Earning during laid up : Rs. 28,500/-
3.
period (Rs.9,500 x 3 )
4. Medical Expenses, Nourishment,
Attendant Charges & : Rs. 1,12,500/-
Transportation
5. Future Medical Expenses : Rs. 25,000/-
6. Loss of Amenities : Rs. 25,000/-
7. Legal Expenses : Rs. 10,000/-
TOTAL : Rs. 3,89,200/-
10. Accordingly, the appeal is partly allowed, by
enhancing the compensation amount from an amount of
Rs.2,51,100/- to Rs.3,89,200/-.
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
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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
