Karnataka High Court
Sri Mahesh vs M.S.Maragatham Cargo Movers on 15 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:14782
MFA No. 8642 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.8642 OF 2013(MV-I)
BETWEEN:
SRI. MAHESH
S/O LATE MARALUSIDDAPPA,
AED ABOUT 42 YEARS,
R/A NO.52/2, 5TH CROSS,
JALAHALLI VILLAGE,
BANGALORE-560 013.
...APPELLANT
(BY SRI. M.R.KUMARASWAMY., ADVOCATE)
AND:
1. M.S.MARAGATHAM CARGO MOVERS,
NO.B-64, 1ST FLOOR, ODUTTI
KANTEERAVA STUDIO MAIN ROAD,
YESHWANTHAPURA,
BANGALORE-560 022.
Digitally signed by
THEJASKUMAR N 2. THE MANAGER,
Location: HIGH UNITED INDIA INSURANCE CO. LTD.,
COURT OF NO.40, LAKSHMI COMPLEX,
KARNATAKA
K.R.ROAD, BANGALORE-560 002.
...RESPONDENTS
(NOTICE TO R1-DISPENSED WITH V/O DATED:18.03.2014;
BY SRI. JANARDHAN REDDY., ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:04.09.2012
PASSED IN MVC NO.3027/2010 ON THE FILE OF THE IX
-2-
NC: 2024:KHC:14782
MFA No. 8642 of 2013
ADDITIONAL SENIOR CIVIL JUDGE, MEMBER, MACT-VII,
COURT OF SMALL CAUSES, BANGALORE.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Janardhan Reddy., learned counsel for respondent
No.2 has appeared in person.
2. The claimant has preferred the captioned appeal
seeking enhancement of the compensation.
3. Learned counsel for the respective parties have
urged several contentions. Heard, the contentions urged on
behalf of the respective parties and perused the appeal papers
and also the records with utmost care.
4. The point that would arise for consideration is
whether the Claimant is entitled for enhanced compensation.
5. The Claimant's appeal is one for enhancement of
compensation. The grounds urged in the present appeal are
mainly relating to the meager compensation awarded under
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different heads by the Tribunal. The Claimant suffered pain and
agony owing to the injuries sustained in the accident.
A doctor by name Shivalingaiah.M was examined as PW2.
In the evidence he has not stated that the disability has made
impact on the earning capacity of the claimant. Taking note of
the same, the Tribunal has not awarded compensation under
the head of loss of earning due to disability. However, it has
awarded compensation of Rs.30,000/- (Rupees Thirty Thousand
only) under the head Permanent Physical Disability. This Court
deems it appropriate to enhance the same to Rs.50,000/-
(Rupees Fifty Thousand only).
Similarly, this Court deems it appropriate to award
Rs.40,000/- (Rupees Forty Thousand only) towards loss of
amenities of life as against Rs.20,000/- (Rupees Twenty
Thousand only) and Rs.40,000/- (Rupees Forty Thousand only)
towards pain and suffering as against Rs.30,000/- (Rupees
Thirty Thousand only).
The compensation of Rs.45,000/- (Rupees Forty Five
Thousand only) towards medical expenses remains intact.
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This Court deems it appropriate to award Rs.16,500/-
(Rupees Sixteen Thousand Five Hundred only) towards loss of
income during laid up period as against Rs.10,000/- (Rupees
Ten Thousand only) and Rs.15,000/- (Rupees Fifteen Thousand
only) towards Conveyance, nourishment and attendant charges
as against Rs.10,000/- (Rupees Ten Thousand only).
6. Accordingly, this Court re-determines the
compensation as under:-
1. Permanent Physical 30,000 + 20,000 Rs.50,000/-
Disability
2. Loss of future amenities 20,000 + 20,000 Rs.40,000/-
of life
3. Pain and Suffering 30,000 + 10,000 Rs.40,000/-
4. Medical expenses 45,000 Rs.45,000/-
5. Loss of income during 5,500 X 3 Rs.16,500/-
laid up period
6. Conveyance, 10,000 + 5,000 Rs.15,000/-
nourishment and
attendant charges
Total: Rs.2,06,500/-
(Less) Compensation awarded by the -Rs.1,45,000/-
Tribunal:
Enhanced compensation awarded by Rs.61,500/-
this Court:
NC: 2024:KHC:14782
7. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:04.09.2012
passed by the Court of IX Addl. Senior Civil Judge,
Small Causes Court, Bangalore in M.V.C
No.3027/2010 is modified to the extent stated
hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.61,500/- (Rupees Sixty One
Thousand Five Hundred only) with 6% interest per
annum from the date of the claim petition till the
date of realization.
3. The Insurance Company shall deposit
the enhanced compensation amount along with 6%
interest within a period of two months from the
date of receipt of the certified copy of this
Judgment.
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4. Needless to observe that the claimant is
not entitled for the interest for delayed period.
5. The Registry to draw the modified award
accordingly.
6. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
TKN
