Karnataka High Court
Mrs Hazel Serrao Biswas vs M/S Shabari Enterprises on 18 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:15186
MFA No. 4105 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.4105 OF 2015(MV-I)
BETWEEN:
MRS. HAZEL SERRAO BISWAS
AGED ABOUT 33 YEARS,
WIFE OF SENA BISWAS,
RESIDING AT NO.2F,
14/11, 4TH 'A' CROSS,
MARUTHINAGARA,
MADIWALA,
BANGALORE-560 068.
...APPELLANT
(BY SRI. GOPAL.L.T., ADVOCATE)
AND:
1. M/S. SHABARI ENTERPRISES
REPRESENTED BY ITS PROPRIETOR,
Digitally signed by NO.30, MAIN ROAD,
THEJASKUMAR N KODI CIRCLE ROAD,
Location: HIGH WHITE FIELD ROAD,
COURT OF
KARNATAKA BANGALORE-560 066.
(R C OWNER OF THE TOYOTA QUALIS
BEARING REG NO.KA-03-MG-5544).
2. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.,
FLR.NO.31, TBR TOWERS,
1ST CROSS, NEW MISSION ROAD,
NEAR BANGALORE STOCK EXCHANGE,
BANGALORE-560 027.
(INSURER OF THE TOYOTA QUALIS
BEARING REG NO.KA-03-MG-5544).
...RESPONDENTS
-2-
NC: 2024:KHC:15186
MFA No. 4105 of 2015
(R1-SERVED AND UNREPRESENTED;
BY SRI. B.PRADEEP., 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:16.02.2015
PASSED IN MVC NO.6339/2013 ON THE FILE OF THE JUDGE,
COURT OF SMALL CAUSES AND MACT, XXVI ACMM, (SCCH-09),
BENGALURU.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Gopal.L.T., learned counsel for the appellant and
Sri.B.Pradeep., learned counsel for respondent No.2 have
appeared in person.
2. Notice to the respondents was ordered on
06.08.2015. A perusal of the office note depicts that
respondent No.1 is served and unrepresented. Respondent
No.1 has neither engaged the services of an advocate nor
conducted the case as a party in person.
3. Though the appeal is listed today for admission, it is
heard finally.
NC: 2024:KHC:15186
4. The claimant has preferred the captioned appeal
seeking enhancement of the compensation.
5. 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.
6. The point that would arise for consideration is
whether the Claimant is entitled for enhanced compensation.
7. The Claimant's appeal is one for enhancement of
compensation and modification of the judgment. The grounds
urged in the present appeal are mainly relating to the meager
compensation awarded under different heads by the Tribunal.
The Claimant has suffered pain and agony owing to the injuries
sustained in the accident.
8. Therefore, this Court deems it appropriate to re-
asses the compensation as under:-
NC: 2024:KHC:15186
1. Pain and Sufferings 40,000 + 40,000 Rs.80,000/-
2. Attendant Charges, 8,000 + 7,000 Rs.15,000/-
nutritious expenses &
transportation charges
3. Medical Expenses 1,00,000 Rs.1,00,000/-
4. Loss of income during 40,000 Rs.40,000/-
laid of period
5. Loss of future amenities 50,000 + 50,000 Rs.1,00,000/-
and happiness
6. Future medical 50,000 Rs.50,000/-
expenses
Total: Rs.3,85,000/-
(Less) Compensation awarded by the -Rs.2,88,000/-
Tribunal:
Enhanced compensation awarded by Rs.97,000/-
this Court:
9. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:16.02.2015
passed by the Court of Small Causes and Motor
Accident Claims Tribunal, Bangalore (SCCH-09) in
NC: 2024:KHC:15186
M.V.C No.6339/2013 is modified to the extent
stated hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.97,000/- (Rupees Ninety Seven
Thousand only) with interest at the rate of 6% per
annum from the date of the claim petition till the
date of realization.
3. The second respondent - 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.
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
MRP
