Sri K G Purushotham vs Sri Karthik K P
2024 Latest Caselaw 9359 Kant

Citation : 2024 Latest Caselaw 9359 Kant
Judgement Date : 1 April, 2024

Karnataka High Court

Sri K G Purushotham vs Sri Karthik K P on 1 April, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

                                                     -1-
                                                              NC: 2024:KHC:13177
                                                           MFA No. 10848 of 2013




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 1ST DAY OF APRIL, 2024

                                                BEFORE

                              THE HON'BLE MS. JUSTICE JYOTI MULIMANI

                        MISCELLANEOUS FIRST APPEAL NO. 10848 OF 2013
                                          (MV-I)
                      BETWEEN:
                      SRI. K.G.PURUSHOTHAM
                      S/O K.GANGADHARACHAR,
                      AGED ABOUT 48 YEARS,
                      RESIDING AT NO.1165/B,
                      4TH 'A' MAIN ROAD, 13TH CROSS
                      M.C.LAYOUT, VIJAYANAGAR.
                      BANGALORE-570 040.
                                                                    ...APPELLANT
                      (BY SRI. H.V.BHANU PRAKASH., ADVOCATE)

                      AND:

                      1.    SRI. KARTHIK.K.P.
                            S/O PRAKASH.M,
                            RESIDING AT NO.2032,
Digitally signed by         1ST MAIN, VIJAYANAGAR,
THEJASKUMAR N
Location: HIGH              BANGALORE-570 040.
COURT OF
KARNATAKA
                      2.    THE RELIANCE GENERAL INSURANCE CO. LTD.,
                            BRANCH ISSUING OFFICE,
                            NO.4/3-1 73/2M,
                            11TH MAIN, 3RD BLOCK,
                            VIJAYANAGAR,
                            BANGALORE-570 061.
                                                               ...RESPONDENTS

                      (NOTICE TO R1-DISPENSED WITH V/O DATED:29.10.2015;
                        BY SRI. ASHOK.N.PATIL., ADVOCATE FOR R2)
                               -2-
                                            NC: 2024:KHC:13177
                                         MFA No. 10848 of 2013




     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:16.02.2013
PASSED IN MVC NO.3038/2012 ON THE FILE OF THE XXII
ADDITIONAL    SMALL    CAUSES       JUDGE   &   MEMBER   MACT,
BANGALORE.

     THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
                           JUDGMENT

Sri.H.V.Bhanu Prakash., learned counsel for the appellant

and Sri.Ashok N.Patil., learned counsel for respondent No.2

have appeared in person.

2. The claimant has preferred the captioned appeal

seeking enhancement of the compensation.

3. 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.

4. The point that would arise for consideration is

whether the Claimant is entitled for enhanced compensation.

NC: 2024:KHC:13177

5. 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 in question. Hence, this Court deems

it appropriate to award Rs.50,000/- (Rupees Fifty Thousand

only) towards pain and suffering as against Rs.20,000/-

(Rupees Twenty Thousand only) awarded by the Tribunal.

The amount of Rs.30,000/- (Rupees Thirty Thousand

only) towards Medical, Conveyance & Nourishment expenses

and Rs.35,000/- (Rupees Thirty Five Thousand only) towards

disability remains intact.

This Court deems it appropriate to award Rs.35,000/-

(Rupees Thirty Five Thousand only) towards Loss of amenities

and enjoyment of life as against Rs.20,000/- (Rupees Twenty

Thousand only).

6. Accordingly, this Court re-determines the

compensation as under:-

NC: 2024:KHC:13177

1. Pain and Suffering 20,000 + 30,000 Rs.50,000/-

2. Medical, Conveyance & 30,000 Rs.30,000/-

Nourishment expenses

3. Disability 35,000 Rs.35,000/-

4. Loss of amenities and 20,000 + 15,000 Rs.35,000/-


   enjoyment of life

                                             Total:    Rs.1,50,000/-

(Less) Compensation awarded by the -Rs.1,05,000/-

Tribunal:

Enhanced compensation awarded by Rs.45,000/-

this Court:

7. Hence, the following:

ORDER

1. The Miscellaneous First appeal is

allowed and the Judgment dated:16.02.2013

passed by the MACT, Court of Small Causes,

Bangalore in M.V.C No.3038/2012 is modified to

the extent stated hereinabove.

2. The claimant is entitled for the enhanced

compensation of Rs.45,000/- (Rupees Forty Five

Thousand only) with 6% interest per annum from

NC: 2024:KHC:13177

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.