Karnataka High Court
Sri. Madhu Kumar vs The Regional Manager on 22 April, 2024
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NC: 2024:KHC:15850
MFA No. 4584 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO.4584 OF 2017 (MV-I)
BETWEEN:
SRI MADHU KUMAR
S/O. LATE SRINIVAS
AGED ABOUT 35 YEARS
RESIDING AT NO.431, 5TH CROSS
9TH MAIN, SRINIVASNAGAR
HANUMANTH NAGAR
BENGALURU-560 050.
...APPELLANT
(BY SRI M. ANIL KUMAR, ADVOCATE)
AND:
1. THE REGIONAL MANAGER
M/S. RELIANCE GEN. INS. CO. LTD.
5TH FLOOR, CENTENARY BUILDING
28, M.G. ROAD
BENGALURU-560 001.
Digitally signed by
MOUNESHWARAPPA
NAGARATHNA
Location: HIGH
2. MR. RANGANATH R.
COURT OF S/O. SRI RANGADHAMAPPA
KARNATAKA
NO.238, AARUDI VILLAGE
DODDABALLAPURA TALUK
BENGALURU RURAL DISTRICT-561 203.
...RESPONDENTS
(BY SMT. PADMA S. UTTUR, ADVOCATE, FOR
SRI ASHOK N. PATIL, FOR R-1, AND
R-2: NOTICE DISPENSED WITH VIDE ORDER
DATED 16-12-2023)
***
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NC: 2024:KHC:15850
MFA No. 4584 of 2017
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE M.V. ACT AGAINST THE JUDGMENT AND
AWARD DATED 8-2-2017 PASSED IN M.V.C. NO.2 OF 2016 ON THE
FILE OF THE MEMBER PRINCIPAL M.A.C.T., BENGALURU (SCCH-1),
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 8-2-2017 passed in M.V.C.
No.2 of 2016 on the file of the Member Principal Motor
Accident Claims Tribunal, Bengaluru (SCCH-1) whereby,
the Tribunal awarded a sum of Rs.1,29,000/- (rounded off
to Rs.1,30,000/-) as compensation with interest at the
rate of 9% per annum.
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.5 lakh on account of the injury sustained by the
claimant in a road traffic accident that took place on
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30-11-2015 at about 12:30 p.m., when the claimant was
proceeding on his motorcycle, bearing Registration
No.KA-41 Y-9869, near Hebbal Flyover, the driver of
Tempo Traveller, bearing Registration No.KA-01 AA-2938,
came from behind in a rash and negligent manner and
dashed against the motorcycle of the claimant. Due to the
said impact, the claimant sustained grievous injury.
Immediately, he was shifted to Baptist Hospital,
Bengaluru, and later to KIMS Hospital, Bengaluru.
4. The Tribunal considering the evidence on record at
Exs.P1 to P.14 and considering the oral evidence of PWs.1
and 2, awarded compensation of Rs.1,29,000/- (rounded
off to Rs.1,30,000/-).
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. The Tribunal has not at all granted fair
compensation under the heads of 'loss of income during
laid up period', 'conveyance, nourishment and attendant
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charges' and 'loss of amenities'. 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. She
further submitted that no grounds are made out for
seeking enhancement of compensation.
7. As there is no dispute regarding injury sustained
by the claimant in a road traffic accident occurred on
30-11-2015 due to rash and negligent driving of Tempo
Traveller, bearing Registration No.KA-01 AA-2938, 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?"
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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.P6-Wound Certificate, the claimant
sustained the following injury:
"Blunt trauma abdomen spleen injury."
As per opinion of the Doctor, the said injury is
grievous in nature. The claimant was treated at Baptist
Hospital, Bengaluru, from 30-11-2015 to 1-12-2005 and
again from 1-12-2015 to 9-12-2015 at KIMS Hospital,
Bengaluru. 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 one grievous
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injury, as per settled law, the claimant is entitled for
amount of Rs.40,000/-. Accordingly, the Tribunal has
awarded compensation of Rs.40,000/- towards 'pain and
sufferings' and hence, no interference is called for under
this head.
11. The Tribunal has awarded a sum of Rs.32,000/-
towards 'medical expenses' which is just and proper and
hence, no interference is called for under this head.
12. The Tribunal has awarded compensation of
Rs.10,000/- towards 'conveyance, nourishment and
attendant charges', which is not reasonable amount.
Hence, additional compensation of Rs.10,000/- is awarded
under this head.
13. Towards 'loss of income during laid up period',
the Tribunal has taken the notional income of the
deceased at Rs.8,000/- per month in the absence of
documentary proof. The year of accident is 2015. Hence,
the notional income fixed for that relevant year is
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Rs.9,000/-. Therefore, a sum of Rs.36,000/- (Rs.9,000 X
4) is granted under this head as against Rs.32,000/-
(Rs.8,000 X 4) awarded by the Tribunal.
14. The Tribunal has awarded Rs.15,000/- towards
'loss of amenities' which is not reasonable amount. Hence,
additional amount of Rs.15,000/- is awarded under this
head.
15. Thus, the claimant is entitled for the following
compensation:
HEADS Rs.
Pain and sufferings 40,000.00
Medical expenses 32,000.00
Conveyance, nourishment and
20,000.00
attendant charges
Loss of income during laid up period 36,000.00
Loss of amenities 30,000.00
TOTAL 1,58,000.00
Less: Compensation awarded by the
1,29,000.00
Tribunal
ENHANCED COMPENSATION 29,000.00
16. Accordingly, the appeal is allowed-in-part. The
judgment and award passed by the Tribunal is modified to
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the extent stated herein above. The claimant is entitled for
a total compensation of Rs.1,58,000/- as against
Rs.1,29,000/- awarded by the Tribunal with interest at the
rate of 6% per annum on the additional compensation of
Rs.29,000/- 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
receipt of a copy of this judgment.
18. 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
