Karnataka High Court
Chethan N M S/O Lingesh N M vs Bhagyalakshmi R W/O Ujjinappa S. V on 3 April, 2024
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NC: 2024:KHC-D:6099
MFA No. 102232 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 102232 OF 2022 (MV-I)
BETWEEN:
CHETHAN N. M, S/O. LINGESH N. M,
AGE: 27 YEARS, OCC: SOFTWARE ENGINEER,
R/O. 580/3, 6TH MAIN, 6TH CROSS,
SIDDDESHWARA NILAYA, P.J. EXTN,
JAYADEV CIRCLE, DAVANAGERE,
NOW @ C/O. SHIVANAGOUDA N. MUDIGOUDAR,
NEAR NEW LIC OFFICE, MRUTHYUNJAYA NAGAR,
RANEBENNUR, DISTRICT: HAVERI-581115.
...APPELLANT
(BY SRI. PRASHANT MATHAPATI, ADVOCATE)
AND:
1. BHAGYALAKSHMI R. W/O. UJJINAPPA S. V,
AGE: MAJOR, OCC: BUSINESS AND
HOUSEHOLD WORK, R/O. 787/259, 3RD MAIN,
ANJANEYA BADAVANE, DAVANAGERE-577004.
2. THE LEGAL CLAIMS MANAGER,
Digitally signed by
ROHAN IFFCO-TOKIO, GENERAL INSURANCE CO. LTD,
HADIMANI T
Location: HIGH
SUDEV PLAZA, 3RD FLOOR, OPP. LAXMI TEMPLE,
COURT OF DAJIBANPETH, HUBLI-580028.
KARNATAKA
...RESPONDENTS
(BY SRI. M. Y. KATAGI, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 07.10.2021
PASSED IN MVC NO.379/2019 ON THE FILE OF THE I ADDITIONAL
SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL,
RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6099
MFA No. 102232 of 2022
JUDGMENT
This appeal is filed by the injured/claimant seeking
enhancement of compensation being aggrieved by the
judgment and award dated 07.10.2021 passed in MVC
No.379/2019 on the file of I Addl. Senior Civil Judge and MACT,
Ranebennur (for short, 'Tribunal').
2. Heard Sri.Prashant Mathapati learned counsel
appearing for the appellant and Sri.M.Y.Katagi learned counsel
appearing for the respondent No.2/Insurance Company.
3. Learned counsel appearing for the
appellant/claimant submits that the Tribunal has committed an
error in awarding meager compensation under the heads of loss
of income during the laid-up period, future medical expenses,
pain and sufferings and loss of amenities. Hence, he seeks to
reassess the same by allowing the appeal.
4. Per contra, learned counsel appearing for the
respondent No.2/Insurance Company supports the impugned
judgment and award of the Tribunal and submits that the
Tribunal taking note of the evidence has awarded just and
proper compensation to the claimant which does not call for
any enhancement.
NC: 2024:KHC-D:6099
5. I have heard the arguments of learned counsel for
the respective parties. Perused the material available on
record.
6. It is not in dispute that the appellant was met with
a road accident on 09.11.2018 and sustained grievous injuries.
This Court taking note of the evidence available on record is of
the considered view that the Tribunal has justified in assessing
the income and disability of the claimant/injured. However,
taking note of the injuries suffered by the claimant/injured and
the other medical evidence available on record is of the
considered view that the appellant is entitled to a sum of
Rs.35,250/- under the head of loss of income during laid-up
period. The appellant is entitled to an additional sum of
Rs.10,000/- under the head of future medical expenses and
the appellant is entitled to an additional sum of Rs.20,000/-
under the head of pain and sufferings. The appellant is also
entitled to an additional sum of Rs.10,000/- under the head of
loss of amenities. Insofar as the award of compensation on the
other heads is concerned, the same is unaltered.
7. Thus, the appellant is entitled to modified
compensation on the following heads:
NC: 2024:KHC-D:6099
Particulars Amount
(in Rs.)
Towards medical expenses, 1,25,000/-
transportation, attendant charges,
nourishing food etc.
Towards loss of income during laid-up 35,250/-
period
Towards loss of future income due to 3,55,320/-
disability
Towards future medical expenses 30,000/-
Towards loss of pain and sufferings 40,000/-
Towards loss of amenities 30,000/-
Total 6,15,570/-
Thus, the appellant is entitled to total compensation of
Rs.6,15,570/- as against Rs.5,52,070/- awarded by the
Tribunal.
8. For the aforementioned reasons, this Court
proceeds to pass the following:
ORDER
a) Appeal stands allowed in part.
b) The impugned judgment and award of the
Tribunal is modified to an extent that the
claimant would be entitled to total
compensation of Rs.6,15,570/- as
against Rs.5,52,070/- awarded by the
Tribunal.
NC: 2024:KHC-D:6099
c) The enhanced compensation amount shall
carry interest at the rate of 6% per annum
from the date of petitions till date of
realization.
d) The respondent/insurance company shall
deposit the enhanced compensation
amount with accrued interest before the
Tribunal within a period of six weeks from
the date of receipt of certified copy of this
judgment.
e) On such deposit, the same shall be
released in favour of the
appellant/claimant.
f) Registry to transmit the TCR if any, to the
Tribunal forthwith.
g) Draw modified awards accordingly.
Sd/-
JUDGE
PMP
Ct-an
