Karnataka High Court
Mr. Rajesh N vs Mr K.P Yusuf on 29 November, 2023
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NC: 2023:KHC:43188
MFA No. 1841 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.1841 OF 2014(MV-I)
BETWEEN:
MR.RAJESH N,
AGED ABOUT 35 YEARS,
SON OF MR.PADMANABHA SAPALYA N,
RESIDING AT NATIMANE,
NARIKOMBU POST & VILLAGE,
BANTWAL TALUK,
D.K. DIST-574 231.
...APPELLANT
(BY SRI.PRAJWAL B PATIL, ADVOCATE)
AND:
1. MR. K.P.YUSUF,
AGED ABOUT 66 YEARS,
SON OF LATE ABDUL RAHIMAN,
RESIDING AT DERALAKATTE UMA,
Digitally signed by
VINUTHA B S
COTTAGE HOUSE,
Location: HIGH
COURT OF
BELMA VILLAGE,
KARNATAKA
MANGALORE TALUK - 575 018.
2. THE NATIONAL INSURANCE CO., LTD.,
BRANCH OFFICE,
BHARATH BUILDING,
MANGALORE,
REPRESENTED BY ITS BRANCH,
MANAGER - 575 001.
...RESPONDENTS
(BY SMT. E.I. SANMATHI, ADVOCATE FOR R2;
R1 - SERVED, UNREPRESNETED)
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NC: 2023:KHC:43188
MFA No. 1841 of 2014
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 24.08.2013 PASSED IN MVC
NO.1718/2010 ON THE FILE OF THE I ADDITIONAL SENIOR
CIVIL JUDGE, MEMBER, MACT, MANGALORE, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri.Prajwal B Patil, who represented
Sri.P.P.Hegde., learned counsel on record for the
appellant. Also heard Smt.E.I.Sanmathi, the learned
counsel who represented respondent No.2. Despite
service of notice none appears for respondent No.1.
2. Challenge in this appeal is the award that is
passed by the Motor Accident Claims Tribunal, Mangalore
in MVC No.1718/2010, dated 24.08.2013.
3. Making his submission, learned counsel for the
appellant states that the appeal is preferred for
enhancement of compensation. Learned counsel for the
appellant submits that the appellant claimed compensation
of Rs.5,00,000/-. However, the Tribunal has awarded a
sum of Rs.1,05,000/- as compensation, which is not
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justifiable. Learned counsel for appellant submits that the
appellant sustained grievous injuries, but the Tribunal
awarded only Rs.10,000/- towards pain and agony and
likewise, the Tribunal has not awarded any compensation
under the head loss sustained due to functional disability
and therefore, the compensation granted has to be
enhanced.
4. Learned counsel for the respondent No.2 on the
other hand states that, there is no evidence produced by
the appellant to show that he has sustained loss due to
the injury sustained. Learned counsel for the respondent
No.2 submits that the amount granted towards
compensation is justifiable. However, in case this Court
considers justifiable to enhance, there may be slight
enhancement.
5. As per the version of the appellant, he was
working as Police Constable by the date of accident and he
was drawing Rs.14,000/- per month as salary. As rightly
contended by the learned counsel for the respondent No.2,
the appellant has not produced any evidence to show that
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he has sustained loss of earning due to injury sustained.
As per the contents of Ex.P6 wound certificate, the
appellant sustained diffused swelling around left knee with
underlying tear of medical collateral ligament and tear of
posterior cruciate ligament, which is grievous in nature.
The said document also reveals that the appellant took
treatment as inpatient for a period of four days i.e., from
25.07.2010 to 30.07.2010. Having considered the said
document and the nature of the injury sustained, this
Court is in agreement with the submission made by the
learned counsel for the appellant that the amount granted
as compensation for pain and suffering i.e., Rs.10,000/- is
on lower side. Therefore, this Court consider desirable to
enhance the amount under the said head as prayed for.
Also the Tribunal has not awarded any amount towards
transportation, extra nourishment, diet and attendant
charges. Thus just compensation that can be awarded to
the appellant under the different heads is as under:
Particulars Amounts in Rs.
Pain and suffering for the Rs.30,000/-
grievous injury sustained.
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Transportation, extra Rs.20,000/-
nourishment, diet, and
attendant charges.
Medical expenses and Rs.30,000/-
incidental charges.
Pecuniary loss during the Rs.70,000/-
laid up period and loss of
amenities.
Total Rs. 1,50,000/-
In the light of the discussion that went on supra, the
appeal is allowed in part.
6. The compensation awarded by the Motor
Accident Claims Tribunal, Mangalore through orders in
MVC No.1718/2010, dated 24.08.2013, is enhanced from
Rs.1,05,000/- to Rs.1,50,000/-. The enhanced amount
carry interest at the rate of 6% per annum from the date
of the petition till the date of deposit.
7. The award of the tribunal in all other aspects
holds good.
Sd/-
JUDGE
ASN
