Karnataka High Court

Sri Somashekar Gowda vs The Divisional Manager on 18 April, 2024

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                                                                   NC: 2024:KHC:15276
                                                                  MFA No. 265 of 2018




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                 DATED THIS THE 18TH DAY OF APRIL, 2024

                                                  BEFORE
                               THE HON'BLE MR JUSTICE VENKATESH NAIK T
                           MISCELLANEOUS FIRST APPEAL NO.265 OF 2018 (MV-I)
                      BETWEEN:

                            SRI SOMASHEKAR GOWDA
                            S/O. MANJAPPA GOWDA G. V.
                            AGED ABOUT 44 YEARS
                            RESIDING AT NO.424
                            8TH CROSS, INDIRANAGAR
                            WEST OF CHORD ROAD, RAJAJINAGAR
                            BENGALURU-560 010.
                                                                          ...APPELLANT
                           (BY SRI PRAKASH A. C., ADVOCATE, FOR SRI ANIL KUMAR)

                      AND:

                      1.    THE DIVISIONAL MANAGER
                            M/S. MAGMA HDI GEN. INS. CO. LTD.
                            2ND FLOOR, HMJC ROAD, 36, J.C. ROAD
                            NEAR MINERVA CIRCLE
Digitally signed by
                            BENGALURU-560 002.
MOUNESHWARAPPA
NAGARATHNA
Location: HIGH        2.    THE MANAGING DIRECTOR
COURT OF
KARNATAKA                   M/S. INFANT TRAVELS PVT. LTD.
                            NO.8, SHIVANNA BUILDING
                            TAVAREKERE, NANDAGUDI HOBLI
                            HOSAKOTE KOLAR
                            BENGALURU-563 125.
                                                                       ...RESPONDENTS
                           (BY SRI O. MAHESH, ADVOCATE, FOR R-1, AND
                               NOTICE TO R-2 IS DISPENSED WITH VIDE ORDER
                                  DATED 6-12-2021)

                                                    ***
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                                          NC: 2024:KHC:15276
                                        MFA No. 265 of 2018




     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE M.V. ACT AGAINST THE JUDGMENT AND
AWARD DATED 14-6-2017 PASSED IN M.V.C. NO.2529 OF 2015 ON
THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE & M.A.C.T.
BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

     THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
DISMISSAL, THIS DAY, THE COURT DELIVERED THE FOLLOWING:


                       JUDGMENT

This appeal is filed by the claimant aggrieved by the

judgment and award dated 14-6-2017 passed in M.V.C.

No.2529 of 2015 on the file of the III Additional Senior

Civil Judge and Motor Accident Claims Tribunal, Bengaluru,

(SCCH-18), whereby, the Tribunal awarded a sum of

Rs.5,52,000/- as compensation with interest at the rate of

9% per annum from the date of filing of the petition till the

date of deposit.

2. For the sake of convenience, the parties are

referred to as they are referred to in the claim petition

before the Tribunal.

3. The claim petition was filed seeking

compensation of Rs.10 lakh on account of the injury

NC: 2024:KHC:15276

sustained by the claimant in a road traffic accident that

took place on 11-5-2015 at about 12:00 noon, when he

was proceeding on a motorcycle, bearing Registration

No.KA-02 HC-5027, on ITPL Main Road, a driver of mini

bus, bearing Registration No.KA-51 A-3980, came in a

rash and negligent manner and dashed against the

motorcycle of the claimant. Due to the said impact, the

claimant fell down and sustained grievous injury. After the

accident, he was shifted to Sri Sai Baba Multi Specialty

Hospital, Bengaluru, and after taking first-aid treatment,

he was shifted to Vaidehi Hospital, Bengaluru, and later,

he was shifted to HOSMAT Hospital, Bengaluru, wherein,

he has taken treatment as an in-patient and underwent

surgery and later, he was discharged with an advice for

follow up treatment.

4. The Tribunal considering the evidence on record at

Exs.P1 to P24 and considering the oral evidence of PWs.1

and 2, awarded compensation of Rs.5,52,000/-.

NC: 2024:KHC:15276

5. Learned counsel for the appellant/claimant

submits that the Tribunal has failed to consider the injury

sustained by the claimant and the amount that were spent

towards treatment. Injury sustained by the claimant is

grievous in nature and the Tribunal has failed to grant

reasonable amount for the said injury. He further

submitted that the compensation that was granted by the

Tribunal under different heads was not reasonable one.

Hence, he prayed to allow the appeal.

6. Learned counsel for respondent No.1/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 submitted that no grounds are made out for

seeking enhancement of compensation as the claimant is

working as Deputy Manager at Gopalan Enterprises and

drawing salary of Rs.48,000/- per month.

7. As there is no dispute regarding injury sustained

by the claimant in a road traffic accident occurred on

NC: 2024:KHC:15276

11-5-2015 due to rash and negligent driving of mini bus,

bearing Registration No.KA-51 A-3980, by its driver and

liability of the insurer of the offending vehicle, the only

point that arises for my consideration in the appeal is:

"Whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?"

8. After hearing the learned counsel appearing for

the parties and perusing the judgment and award of the

Tribunal, I am of the view that the compensation awarded

by the Tribunal is not just and reasonable, it is on the

lower side and hence, it is required to be enhanced.

9. As per Ex.P5-Wound Certificate, the claimant

sustained the following injury:

'Type III B fracture dislocation left ankle with CLW over right ankle and leg'.

As per opinion of the Doctor, the injury is grievous in

nature. After the accident, the claimant was shifted to Sri

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Sai Baba Multi Specialty Hospital, Bengaluru, and after

taking first-aid treatment, he was shifted to Vaidehi

Hospital, Bengaluru, and later, he was shifted to HOSMAT

Hospital, Bengaluru, wherein, he was treated as in-patient

from 11-5-2015 to 13-5-2015 for a period of three days

and again he has taken treatment as in-patient in the

HOSMAT Hospital from 23-6-2015 to 25-6-2015 for a

period of three days. The injury sustained and treatment

taken by the claimant is also supported by the oral

evidence of the claimant and the Doctor, who are

examined as PWs.1 and 2, respectively.

10. In this case, the Tribunal has observed that the

claimant sustained a grievous injury. For a grievous injury,

as per settled law, the claimant is entitled for amount of

Rs.40,000/-. Therefore, the claimant is entitled for

Rs.40,000/- under the head 'pain and sufferings' as

against Rs.30,000/- awarded by the Tribunal.

11. The Tribunal has awarded Rs.1,25,000/- towards

'disablement'. Considering the nature of injury and

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percentage of disability, additional compensation of

Rs.25,000/- if granted, it would meet the ends of justice.

Hence, additional compensation of Rs.25,000/- is awarded

under this head.

12. The Tribunal has awarded a sum of Rs.7,000/-

towards 'attendant, conveyance and nourishment

charges', which is not a reasonable amount and hence,

additional compensation of Rs.13,000/- is granted under

this head.

13. The Tribunal has awarded a sum of Rs.30,000/-

towards 'loss of amenities', Rs.1,34,000/- towards 'loss of

income during treatment period' and Rs.1,96,000/-

towards 'medical expenses' which are reasonable amount

and no interference in that regard is called for by this

Court.

14. The Tribunal has awarded a sum of Rs.30,000/-

towards 'future medical expenses'. However, taking into

consideration the removal of implants, it will just and

NC: 2024:KHC:15276

proper to award additional sum of Rs.15,000/- under this

head.

15. Thus, the claimant is entitled for the following

compensation:

                     HEADS                             Rs.
    Pain and sufferings                              40,000.00
    Disablement                                    1,50,000.00
    Attendant, conveyance and
                                                    20,000.00
    nourishment charges
    Loss of amenities                                30,000.00
    Loss of income during laid up period           1,34,000.00
    Medical expenses                               1,96,000.00
    Future medical expenses                          45,000.00
                     TOTAL                         6,15,000.00
      Less: Compensation awarded by the
                                                   5,52,000.00
                     Tribunal
        ENHANCED COMPENSATION                      63,000.00

16. 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

a total compensation of Rs.6,15,000/- as against

Rs.5,22,000/- awarded by the Tribunal with interest at the

rate of 6% per annum on the additional compensation of

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Rs.63,000/- from the date of filing of the claim petition till

the date of its realisation.

17. Respondent No.1/Insurance Company is directed

to deposit the additional compensation amount together

with interest within a period of four weeks from the date of