Karnataka High Court
Smt. Renuka vs Sri. Abhinand C on 5 April, 2024
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NC: 2024:KHC:14226
MFA No. 3062 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO.3062 OF 2018 (MV-I)
BETWEEN:
SMT. RENUKA
W/O. LATE ADANAGOUDA
AGE: 32 YEARS
RESIDENT AT NO.FLAT NO.114
DS MAX SHELTONS
JNANAJYOTHINAGAR, MALLATHAHALLI
BENGALURU-560 056.
...APPELLANT
(BY SRI CHANDRASHEKHAR C. CHANASPUR, ADVOCATE)
AND:
1. SRI ABHINAND C.
S/O. CHITTI BABU
AGE: MAJOR
RESIDING AT NO.7, 5TH CROSS, PIPELINE ROAD
Digitally signed by
MOUNESHWARAPPA
CHOLURPALYA, MAGADI ROAD
NAGARATHNA BENGALURU-560 023.
Location: HIGH
COURT OF
KARNATAKA
2. ROYAL SUNDARAM ALLIANCE INSURANCE CO LTD.
VISHRANTHI MELARAM TOWERS
NO.2/319, RAJIV GANDHI SALAI (OMR) KARAPAKKA
CHENNAI.
...RESPONDENTS
(BY SRI C. R. RAVISHANKAR, ADVOCATE, FOR R-2, AND
R-1: SERVED AND UNREPRESENTED)
***
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NC: 2024:KHC:14226
MFA No. 3062 of 2018
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE M.V. ACT AGAINST THE JUDGMENT AND
AWARD DATED 16-2-2018 PASSED IN M.V.C. NO.498 OF 2017 ON
THE FILE OF THE MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL,
BENGALURU CITY, (SCCH-14), 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 16-2-2018 passed in M.V.C.
No.498 of 2017 on the file of the Motor Vehicles Accident
Claims Tribunal, Bengaluru City, whereby, the Tribunal
awarded a sum of Rs.2,25,000/- as compensation with
interest at the rate of 9% per annum from the date of
petition till its realisation.
2. For the sake of convenience, the parties herein
shall be referred to in terms of their status before the
Tribunal.
3. The claim petition was filed seeking
compensation of Rs.10 lakh on account of the injuries
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sustained by the claimant in the accident that took place
on 7-11-2016. It is the case of the claimant that after the
accident, she was shifted to Abhaya Hospital, Bengaluru,
and after taking first-aid treatment, she was shifted to
Unity Lifeline Hospital (India) Private Limited, Bengaluru,
wherein she was admitted as in-patient from 7-11-2016 to
10-11-2016 and thereafter, she was shifted to
Sri Vinayaka Nursing Home at Gangavati, wherein she was
admitted as an in-patient from 10-11-2016 to 19-11-2016
and she has incurred huge expenses for her treatment and
conveyance.
4. The Tribunal considering the evidence on record
at Exs.P1 to P.19 and considering the oral evidence of
PW1, awarded compensation of Rs.2,25,000/-.
5. Learned counsel for the appellant/claimant
submits that the Tribunal has failed to consider the injuries
sustained by the claimant and the amount that were spent
towards treatment. Injury No.3 sustained by the claimant
is grievous in nature and injury Nos.1 and 2 are simple in
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nature, but the Tribunal has failed to grant reasonable
compensation for the said injuries. He further submitted
that the compensation that was granted by the Tribunal
under different heads was not reasonable one. Hence, he
prayed to allow the appeal.
6. Learned counsel for respondent No.2/Insurance
Company submits that the Tribunal considering the
material available on record as well as oral evidence of
PW1 has reasonably granted the compensation. He further
submitted that no grounds are made out for seeking
enhancement of compensation.
7. As there is no dispute regarding injuries sustained
by the claimant in a road traffic accident occurred on
7-11-2016 due to rash and negligent driving of a Swift
Dzire car, bearing registration No.KA-04/AA-9089, by its
driver and liability of the insurer of the offending vehicle,
the only point that arises for my consideration in this
appeal is:
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"Whether quantum of compensation awarded
by the Tribunal is just and reasonable or does it
call for enhancement?"
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.P5-Wound Certificate, the claimant had
sustained the following injuries:
1. Scalp laceration with head injury.
2. Multiple abrasion over abdomen, both upper and
lower limbs.
3. Multiple rib fracture left.
As per opinion of the Doctor, injury No.3 is grievous
in nature and injury Nos.1 and 2 are simple in nature. The
claimant was treated at Abhaya Hospital, Bengaluru, and
after taking first-aid treatment, she was shifted to Unity
Lifeline Hospital (India) Private Limited, Bengaluru,
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wherein she was admitted as in-patient from 7-11-2016 to
10-11-2016 and thereafter, she was shifted to
Sri Vinayaka Nursing Home at Gangavati, wherein she was
admitted as an in-patient from 10-11-2016 to 19-11-2016
i.e. for a period of thirteen days totally. The injuries
sustained and treatment taken by the claimant is also
supported by the oral evidence of the claimant.
10. In this case, the Tribunal has observed that
injury No.3 sustained by the claimant is grievous in
nature. For one grievous injury, as per settled law, the
claimant is entitled for Rs.40,000/-. Therefore, as against
Rs.35,000/- awarded by the Tribunal, additional sum of
Rs.5,000/- is awarded for one grievous injuries and
Rs.5000/- each for two simple injuries under the head of
'pain and sufferings'. In all, the claimant is entitled for
Rs.50,000/- under the said head.
11. Towards 'Nourishment, conveyance and
attendant charges', the Tribunal has awarded Rs.14,000/-,
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which is not a reasonable amount. Therefore, additional
amount of Rs.6,000/- is granted under the said head.
12. The Tribunal awarded a sum of Rs.1,16,000/-
towards medical expenses, which is reasonable amount
and no interference in that regard is called for by this
Court.
13. Towards 'loss of amenities', the Tribunal has
awarded Rs.20,000/-, which is not a reasonable amount.
Therefore, additional amount of Rs.20,000/- is granted
under the said head.
14. Towards 'loss of income during laid up period',
the Tribunal has awarded Rs.40,000/-. The claimant was
working as a Teacher and the accident occurred in the
month of November-2016. As per the material available on
record, the claimant has not received salary for the month
of November-2016 from the School. Hence, additional
sum of Rs.15,000/- is granted under the said head.
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15. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V. MEKALA v. M. MALATHI
AND ANOTHER reported in (2014) 11 SCC 178, the
claimant is entitled for amount of Rs.10,000/- towards
'legal expenses'.
16. Thus, the claimant is entitled for the following
compensation:
HEADS Rs.
Pain and sufferings 50,000.00
Nourishment, conveyance and
20,000.00
attendant charges
Medical expenses 1,16,000.00
Loss of amenities 40,000.00
Loss of income during laid up period 55,000.00
Legal expenses 10,000.00
TOTAL 2,91,000.00
Less: Compensation awarded by the
2,25,000.00
Tribunal
ENHANCED COMPENSATION 66,000.00
17. Accordingly, the appeal is allowed-in-part. The
judgment and award passed by the Tribunal is modified to
the extent stated herein above. The claimant is entitled for
a total compensation of Rs.2,91,000/- as against
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Rs.2,25,000/- awarded by the Tribunal with interest at the
rate of 6% per annum on the additional compensation of
Rs.66,000/- from the date of filing of the claim petition till
the date of its realisation.
18. Respondent No.2/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. On such deposit, the
claimant is entitled to withdraw the entire enhanced
amount.
No order as to costs.
Sd/-
JUDGE
KVK
