Karnataka High Court
Sri. Devaraj @ Devaraj Reddy vs Sri. M.N. Nandakumar on 15 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:14931
MFA No. 2699 of 2015
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.2699 OF 2015(MV-I)
BETWEEN:
SRI. DEVARAJ @ DEVARAJ REDDY
S/O MUNISWAMY REDDY,
AGED ABOUT 29 YEARS,
R/AT NO.116, GOWDANAPALYA,
SUBRAMANYA PURA POST,
BANGALORE-560 061.
...APPELLANT
(BY SRI. K.P.BHUVAN., ADVOCATE)
AND:
1. SRI. M.N.NANDAKUMAR
S/O A.MUNIRAJU,
R/AT NO.348, 9TH CROSS,
SHASTRI NAGAR, BSK II STAGE,
Digitally signed by BANGALORE-560 028.
THEJASKUMAR N
Location: HIGH
(OWNER OF THE MOTOR CYCLE
COURT OF BEARING NO. REG.KA-05-HJ-1323).
KARNATAKA
2. M/S. IFFCO TOKIO GENERAL
INSURANCE CO.LIMITED,
SRI. SHANTHI TOWERS,
5TH FLOOR, # 141, 3RD MAIN EAST
TO NGEF LAYOUT, KASTURI NAGAR,
BANGALORE-560 043.
(POLICY NO.80363479 VALID FROM
17.06.2012 TO 16.06.2013).
...RESPONDENTS
(R1-SERVED AND UNREPRESENTED;
BY SRI. MURALIDHAR NEGAVAR., ADVOCATE FOR R2)
-2-
NC: 2024:KHC:14931
MFA No. 2699 of 2015
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:01.10.2014
PASSED IN MVC NO.6987/2012 ON THE FILE OF THE XVIII
ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER,
MACT-4, BANGALORE.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.K.P.Bhuvan., learned counsel for the appellant and
Sri.Muralidhar Negavar., learned counsel for respondent No.2
have appeared in person.
2. Notice to the respondents was ordered on
22.04.2015. A perusal of the office note depicts that
respondent No.1 is served and unrepresented. He has
neither engaged the services of an advocate nor conducted
the case as party in person.
3. The claimant has preferred the captioned appeal
seeking enhancement of the compensation.
NC: 2024:KHC:14931
4. 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.
5. The point that requires consideration is whether
the claimant is entitled for enhanced compensation.
6. 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
different heads by the Tribunal. The Claimant suffered pain
and agony owing to the injuries sustained in the accident.
Counsel Sri.K.P.Bhuvan., submits that the Tribunal has
considered only Ex.P.8 (176 Medical bills) and awarded
compensation of Rs.7,05,082/- (Rupees Seven Lakh Five
Thousand and Eighty Two only) towards medical expenses.
Counsel submits that under Ex.P.12 (73 Medical bills), the
claimant has spent Rs.1,17,000/- (Rupees One Lakh
Seventeen Thousand only) towards Medical expenses.
NC: 2024:KHC:14931
Counsel therefore, submits that the same may be awarded
towards Medical expenses.
Counsel Sri.Muralidhar Negavar., acknowledges the
submission made by learned counsel for the claimant.
The oral submission made by learned counsel for the
respective parties is placed on record. Therefore, this Court
deems it appropriate to award balance amount of
Rs.1,17,000/- (Rupees One Lakh Seventeen Thousand only)
towards Medical expenses.
At the time of calculation, learned counsel for the
claimant and Insurance Company jointly submits that the
disability may be assessed at 20%. Hence, the amount
towards loss of future earning capacity due to disability is
calculated as under:
Rs.7,000/- X 12 X 17 X 20% = Rs.2,85,600/-.
7. Accordingly, this Court reassess the compensation
as under:-
NC: 2024:KHC:14931
1. Pain and Sufferings 2,00,000 Rs.2,00,000/-
2. Loss of amenities & 1,00,000 Rs.1,00,000/-
Happiness
3. Medical expenses 7,05,082 + Rs.8,22,082/-
1,17,000
4. Incidental charges 44,918 Rs.44,918/-
5. Loss of income 7,000 X 6 Rs.42,000/-
during laid up period
6. Loss of future 2,85,600 Rs.2,85,600/-
earning due to
disability
7,000 x 12 x 17 x
20%
7. Future medical 75,000 Rs.75,000/-
expenses
Total: Rs.15,69,600/-
(Less) Compensation awarded by the -Rs.13,59,000/-
Tribunal:
Enhanced compensation awarded by Rs.2,10,600/-
this Court:
NC: 2024:KHC:14931
8. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:01.10.2014
passed by the XVIII Addl. Judge, Court of Small
Causes, Member, MACT-4, Bangalore in
M.V.C.No.6987/2012 is modified to the extent
stated hereinabove.
2. The claimant is entitled for the
enhanced compensation of Rs.2,10,600/-
(Rupees Two Lakh Ten Thousand Six 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.
NC: 2024:KHC:14931
4. The Registry to draw the modified
award accordingly.
5. Office is directed to transmit the
original records to the concerned Tribunal
forthwith.
Sd/-
JUDGE
TKN
