Karnataka High Court
Sri Mahesh H S vs Sri Puttaraju on 5 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:14159
MFA No. 5105 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.5105 OF 2015(MV-I)
BETWEEN:
SRI. MAHESH.H.S.
AGED ABOUT 41 YEARS,
SON OF H.SRINIVASAIAH,
RESIDING AT NO.44, 2ND MAIN,
T.C.PALYA MAIN ROAD,
RAMAMURTHYNAGAR,
BANGALORE-560 068.
...APPELLANT
(BY SRI. GOUTHAM.G., ADVOCATE FOR
SRI. GOPAL.L.T., ADVOCATE)
AND:
1. SRI. PUTTARAJU
S/O VENKATAPPA,
C/O UDAYAKUMAR,
RESIDING AT NO.108,
M.G.NAGARA, 4TH CROSS,
SHANKARMATT ROAD,
Digitally signed by WOC ROAD,
THEJASKUMAR N
Location: HIGH
BANGALORE-560 086.
COURT OF (R C OWNER OF THE MOTOR CYCLE
KARNATAKA
BEARING REG.NO.KA-02-HR-6094).
2. NATIONAL INSURANCE CO. LTD.,
NO.64, REGIONAL OFFICE HUB,
SUBHARAM COMPLEX, M.G.ROAD,
BENGALURU-560 001.
REPRESENTED BY ITS
BRANCH MANAGER,
(PLEADER: SRI. K.PRAKASH).
...RESPONDENTS
(NOTICE TO R1-DISPENSED WITH V/O DATED:08.04.2019;
BY SRI. SRIDHARA., ADVOCATE FOR R2)
-2-
NC: 2024:KHC:14159
MFA No. 5105 of 2015
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:10.03.2015
PASSED IN MVC NO.6340/2013 ON THE FILE OF THE JUDGE,
COURT OF SMALL CAUSES AND XXVI ACMM, MACT,
BENGALURU.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Goutham.G., learned counsel on behalf of
Sri.Gopal.L.T., for the appellant and Sri.Sridhara., learned
counsel for respondent No.2 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.
NC: 2024:KHC:14159
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
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 sufferings as against Rs.40,000/-
(Rupees Forty Thousand only) awarded by the Tribunal.
Similarly, this Court deems it appropriate to award
Rs.10,000/- (Rupees Ten Thousand only) towards Attendant
charges, nutritious food and transportation charges as against
Rs.8,000/- (Rupees Eight Thousand only) and Rs.40,000/-
(Rupees Forty Thousand only) towards Loss of amenities and
happiness as against Rs.25,000/- (Rupees Twenty Five
Thousand only) awarded by the Tribunal.
The compensation awarded by the Tribunal under other
heads remains intact.
NC: 2024:KHC:14159
7. Accordingly, this Court re-determines the
compensation as under:-
1. Pain and Sufferings 40,000 + 10,000 Rs.50,000/-
2. Attendant Charges, 8,000 +2,000 Rs.10,000/-
nutritious food &
transportation charges
3. Medical Expenses 25,000 Rs.25,000/-
4. Loss of income during 2,34,000 Rs.2,34,000/-
period of taking
treatment
5. Loss of amenities and 25,000 + 15,000 Rs.40,000/-
happiness
6. Future medical 20,000 Rs.20,000/-
expenses
Total: Rs.3,79,000/-
(Less) Compensation awarded by the -Rs.3,52,000/-
Tribunal:
Enhanced compensation awarded by Rs.27,000/-
this Court:
8. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:10.03.2015
NC: 2024:KHC:14159
passed by the Court of Small Causes and MACT,
Bengaluru (SCCH-09) in M.V.C No.6340/2013 is
modified to the extent stated hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.27,000/- (Rupees Twenty
Seven Thousand only) with interest at the rate of
6% per annum from 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.
4. The Registry to draw the modified award
accordingly.
5. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
MRP
