Karnataka High Court
Prakash Moolya vs Sunil Kumar on 15 April, 2024
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NC: 2024:KHC:14823
MFA No. 1154 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO.1154 OF 2017 (MV-I)
BETWEEN:
PRAKASH MOOLYA
S/O. CHANDU MOOLYA
AGED ABOUT 39 YEARS
RESIDING AT SUJATHA NILAYA
H. NO.158A, KALIGI HOUSE
ULLOURU-74 POST, KUNDAPUR TALUK
UDUPI DISTRICT - 576 101.
...APPELLANT
(BY SRI GANESHA R., ADVOCATE)
AND:
1. SUNIL KUMAR
S/O. ASHOK POOJARY
AGED ABOUT 37 YEARS
RESIDING AT PITHRODI UDYAVARA VILLAGE
UDUPI TALUK AND DISTRICT - 576 101.
Digitally signed by
MOUNESHWARAPPA
NAGARATHNA 2. THE DIVISIONAL MANAGER
Location: HIGH
COURT OF
KARNATAKA
NATIONAL INSURANCE CO. LTD.
MOSQUE ROAD, SHANKAR VITTAL BUILDING
UDUPI TALUK AND DISTRICT - 576 101.
...RESPONDENTS
(BY SRI LAKSHMI NARASAPPA, ADVOCATE, FOR
SRI A. M. VENKATESH, FOR R-2;
R-1: NOTICE SERVED)
***
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NC: 2024:KHC:14823
MFA No. 1154 of 2017
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE M.V. ACT AGAINST THE JUDGMENT AND
AWARD DATED 5.10.2016 PASSED IN M.V.C. NO.422 OF 2014 ON
THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND A.M.A.C.T,
UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
This appeal is filed by the claimant aggrieved by the
judgment and award dated 5.10.2016 passed in M.V.C.
No.422 of 2014 on the file of the Additional Senior Civil
Judge and Additional Motor Vehicles Accident Claims
Tribunal, Udupi, whereby, the Tribunal awarded a sum of
Rs.2,60,000/- as compensation.
2. For the sake of convenience, the parties herein
shall be referred to in terms of their status before the
Tribunal.
3. The claim petition was filed seeking compensation
of Rs.5.60 lakh on account of the injuries sustained by the
claimant in the accident that took place on 19.5.2013 at
about 8:45 p.m., when he was proceeding on a
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motorcycle, bearing Registration No.KA-20 W-1361, as a
pillion rider from Bidkalakatte towards Saibrakatte, the
rider rode it in a high speed in rash and negligent manner
and dashed to a pedestrian and fell down on the road, due
to which, he suffered blunt injury to his right eye and head
injury. Immediately, he was shifted to Kasturba Medical
College (KMC), Manipal, where he took treatment as in-
patient for a period of five days, where X-rays were taken,
the Doctor noticed fracture of right lesser wing of
sphenoid, minimally displaced fracture of bilateral
pterygoid plates and multiple preseptal and intra orbital air
pockets noted. He was discharged with an advice for
follow up treatment.
4. The Tribunal considering the evidence on record at
Exs.P1 to P.19 and considering the oral evidence of PWs.1
to 4, awarded compensation of Rs.2,60,000/-.
5. Learned counsel for the appellant/claimant
submits that the Tribunal has failed to consider the injuries
sustained by the claimant and the amount that were spent
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towards treatment. The injuries sustained by the claimant
are grievous in nature. The Tribunal has failed to grant
reasonable amount for the said injuries. He further
submits that the compensation that was granted by the
Tribunal was not just and reasonable one. The Tribunal
has granted global compensation under the head of 'loss
of partial permanent disability and loss of amenities',
however, it has not considered 'loss of amenities'
independently. The Tribunal has not properly awarded
compensation on the head of 'conveyance, food,
nourishment and incidental charges'. Hence, he prayed to
allow the appeal.
6. Learned counsel for the respondent
No.2/Insurance Company submits that the Tribunal
considering the medical evidence as well as oral evidence
and other exhibits has reasonably granted the
compensation. He further submits that no grounds are
made out for seeking enhancement of compensation.
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7. As there is no dispute regarding injuries
sustained by the claimant in a road traffic accident
occurred on 19.5.2013 due to rash and negligent riding of
the motorcycle, bearing Registration No.KA-20 W-1361, by
its rider and the liability of the insurer of the motorcycle,
the only point that arises for Court consideration in the
appeal is:
'Whether quantum of compensation awarded
by the Tribunal is just and reasonable or does it
call for any enhancement?'
8. After hearing the learned counsel for the parties
and perusing the judgment and award of the Tribunal, I
am of the opinion that the compensation awarded by the
Tribunal is not just and reasonable, it is on the lower side.
Hence, it is required to be enhanced.
9. As per Ex.P4-Wound Certificate, the claimant
sustained the following injuries:
"Blunt injury to the right eye and closed head injury."
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As per the opinion of the Doctor, the injuries are
grievous in nature. The claimant was treated at KMC
Hospital, Manipal, as in-patient from 19.5.2013 to
23.5.2013 i.e., for a period of five days. The injuries
sustained and treatment taken by the claimant is also
supported by the oral evidence of the claimant and the
Doctors, who are examined as PWs.1 to 4, respectively.
10. In this case, the Tribunal has observed that the
claimant sustained two injuries and those injuries are
grievous in nature. For one grievous injury, as per settled
law, the claimant is entitled for amount of Rs.40,000/- and
for additional fracture, he is entitled for Rs.10,000/-.
Therefore, he is entitled for amount of Rs.50,000/-
towards 'pain and sufferings'. The Tribunal has awarded a
sum of Rs.50,000/- and hence, there is no interference is
called for in this regard.
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11. The Tribunal has awarded a sum of Rs.10,000/-
towards 'conveyance, food nourishment and incidental
expenses' which is not reasonable amount. Hence, a sum
of Rs.30,000/- is awarded under this head.
12. The Tribunal has awarded a sum of
Rs.2,00,000/- towards 'partial permanent disability
affecting his service and also loss of amenities', which is
reasonable amount and there is no interference is called
for in that regard by this Court.
13. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V. MEKALA v. M. MALATHI
AND ANOTHER reported in (2014) 11 SCC 178, the
claimant is entitled for amount of Rs.10,000/- towards
'legal expenses'.
14. Thus, the claimant is entitled for the following
compensation:
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HEADS Rs.
Pain and sufferings 50,000.00
Conveyance, food nourishment and
30,000.00
incidental expenses
Partial permanent disability and loss of
2,00,000.00
amenities
Legal expenses 10,000.00
TOTAL 2,90,000.00
Less: Compensation awarded by the
2,60,000.00
Tribunal
ENHANCED COMPENSATION 30,000.00
15. Accordingly, the appeal is allowed in part. The
judgment and award passed by the Tribunal is modified to
the extent stated hereinabove. The claimant is entitled for
total compensation of Rs.2,90,000/- as against
Rs.2,60,000/- awarded by the Tribunal with interest at the
rate of 6% per annum on the additional compensation of
Rs.30,000/- from the date of filing of the claim petition till
the date of its realisation.
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16. Respondent No.2/Insurance Company is directed
to deposit the additional compensation together with
interest within a period of four weeks form the date of
receipt of a copy of this judgment.
17. On such deposit, the Tribunal is directed to
disburse the entire additional amount in favour of the
claimant on proper identification.
No order as to costs.
Sd/-
JUDGE
KVK (paragraph Nos.1 to 4)
PNV (paragraph Nos.5 to end)
