Karnataka High Court
Smt Sudhamma vs The National Insurance Company Ltd on 2 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:13336
MFA No. 5770 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.5770 OF 2015(MV-I)
BETWEEN:
SMT. SUDHAMMA
WIFE OF SRI. MUNISHAMAPPA,
AGED ABOUT 44 YEARS,
RESIDING AT NO.62,
DASARAHALLI VILLAGE,
DASARAHALLI TALUK,
BANGALORE RURAL DISTRICT,
BANGALORE.
...APPELLANT
(BY SRI. MUJTABA.H., ADVOCATE)
AND:
THE NATIONAL INSURANCE COMPANY LTD.,
REGIONAL OFFICE NO.144,
2ND FLOOR, SUBHARAM COMPLEX,
M.G.ROAD, BANGALORE.
Digitally signed by
THEJASKUMAR N ...RESPONDENT
Location: HIGH (BY SRI. ASHOK.N.PATIL., ADVOCATE)
COURT OF
KARNATAKA
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:30.07.2013
PASSED IN MVC NO.571/2012 ON THE FILE OF THE VII
ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT-III,
COURT OF SMALL CAUSES, BANGALORE.
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NC: 2024:KHC:13336
MFA No. 5770 of 2015
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Mujtaba.H., learned counsel for the appellant and
Sri.Ashok N.Patil., learned counsel for the respondent have
appeared in person.
2. Though the appeal is listed today for admission, it is
heard finally.
3. The claimant has preferred the captioned appeal
seeking enhancement of the compensation.
4. 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.
5. The point that would arise for consideration is
whether the Claimant is entitled for enhanced compensation.
6. The Claimant's appeal is one for enhancement of
compensation and modification of the judgment. The grounds
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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.
The amount of Rs.50,000/- (Rupees Fifty Thousand only)
towards Pain and Agony; Rs.56,200/- (Rupees Fifty Six
Thousand Two Hundred only) towards Medical expenses and
Rs.6,000/- (Rupees Six Thousand only) towards Attendant
charges awarded by the Tribunal remains intact.
This Court deems it appropriate to award Rs.10,000/-
(Rupees Ten Thousand only) towards Conveyance, Food and
nutrition as against Rs.8,000/- (Rupees Eight Thousand only)
and Rs.20,000/- (Rupees Twenty Thousand only) towards Loss
of amenities as against Rs.10,000/- (Rupees Ten Thousand
only) awarded by the Tribunal.
It is noticed that the Tribunal has not awarded
compensation towards Loss of income during laid up period.
However, there is no proof of income. In the absence of any
proof of income, the chart prepared by the Legal Service
Authority must be taken into consideration. As per the chart, if
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the accident is occurred in the year 2011, the salary of the
injured must be taken as Rs.6,500/- (Rupees Six Thousand Five
Hundred only) per month.
Rs.6,500/- X 3 = Rs.19,500/-.
7. Accordingly, this Court re-determines the
compensation as under:-
1. Pain and Agony 50,000 Rs.50,000/-
2. Actual Medical Expenses 56,200 Rs.56,200/-
3. Attendant Charges 6,000 Rs.6,000/-
4. Conveyance, Food and 8,000 + 2,000 Rs.10,000/-
nutrition
5. Loss of future amenities 10,000 + 10,000 Rs.20,000/-
6. Loss of income during 6,500 x 3 Rs.19,500/-
laid up period
Total: Rs.1,61,700/-
(Less) Compensation awarded by the -Rs.1,30,200/-
Tribunal:
Enhanced compensation awarded by Rs.31,500/-
this Court:
Having regard to the facts and circumstances of the case
and the prevailing rate of interest during the relevant time, this
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Court deems it appropriate to award interest at the rate of 6%
per annum on the enhanced compensation amount from the
date of claim petition till realization.
8. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:30.07.2013
passed by the Court of MACT, Bangalore in M.V.C
No.571/2012 is modified to the extent stated
hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.31,500/- (Rupees Thirty One
Thousand Five Hundred only) with interest at the
rate of 6% per annum from the date of the claim
petition till the date of realization.
3. The 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.
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4. Needless to observe that the claimant is
not entitled for the interest for delayed period.
5. The Registry to draw the modified award
accordingly.
6. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
MRP
