Karnataka High Court

Venkataswamy vs Surendra on 1 February, 2024

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                                                         NC: 2024:KHC:4443
                                                      MFA No. 1689 of 2014




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                      DATED THIS THE 1ST DAY OF FEBRUARY, 2024
                                        BEFORE
                        THE HON'BLE MR JUSTICE C.M. POONACHA
                  MISCELLANEOUS FIRST APPEAL NO. 1689 OF 2014 (MV)
             BETWEEN:

             1.    VENKATASWAMY,
                   S/O SRI YALAKKAIAH,
                   AGED ABOUT 54 YEARS,
                   LECTURER,GOVT.COLLEGE,MALAVALLI,
                   R.AT 1ST CROSS, BEHIND K E B,
                   SIDDARTHA NAGAR,
                   MADDUR TOWN, MANDYA DISTRICT.
                                                            ...APPELLANT
             (BY SRI. K V SHYAMAPRASADA.,ADVOCATE)
             AND:

             1.    SURENDRA,
                   S/O CHIKKANNEGOWDA
                   SINCE DEAD BY LRS,
                   CHIKKANNEGOWDA,
                   FATHER NAME NOT KNOWN TO THE APPELLANT,
                    (FATHER OF LATE SURENDRA)
Digitally
signed by          AGED 69 YEARS,
BHARATHI S         NO.18, KUPPE, HUNSUR TALUK - 570 001.
Location:
HIGH         2.    SMT. ASHA,
COURT OF
KARNATAKA          W/O LATE SURENDRA,
                   AGED ABOUT 30 YEARS,
                   D/O SAKAMMA ,
                   HOSAKALLAHALLAI VILLAGE & POST,
                   KASABA HOBLI,
                   K R NAGARA TALUK - 570 001.

             3.    M/S. RELIANCE GENERAL INSURANCE CO. LTD.,
                   1ST FLOOR,MYSORE TRADE CENTRE,
                   ABOVE HOTEL PAI VISTA,
                   OPPOSITE KSRTC BUS STAND,
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                                                          NC: 2024:KHC:4443
                                                       MFA No. 1689 of 2014




         MYSORE - 570 001
         REPRESENTED BY ITS MANAGER
                                                            ...RESPONDENTS
(BY SRI. B PRADEEP FOR R2.,ADVOCATE)
     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 23.11.2013 PASSED IN MVC
NO.192/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT,
MADDUR, PARTLY     ALLOWING   THE CLAIM     PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION
AND ETC.
     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                        JUDGMENT

The above appeal is filed by the claimant challenging the

judgment and award dated 23.11.2013 passed in

MVC.No.192/2010 by the Senior Civil Judge and MACT,

Maddur1, seeking for enhancement of compensation awarded.

2. For the sake of convenience, the parties herein are

referred as per their rank before the Tribunal.

3. The Tribunal by its judgment and award dated

23.11.2013 has awarded total compensation of `1,37,000/-

together with interest at 6% per annum on `1,27,000/- from

the date of petition till realization and directed the Respondent

No.2 - insurer to deposit the compensation awarded. Being

aggrieved the present appeal is filed, seeking for enhancement

of compensation.

Hereinafter referred as 'Tribunal'

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4. Along with the above appeal the Appellant -

claimant has filed IA.No.1/2014 under Order 41 Rule 27 read

with Section 151 of the CPC, to permit production of five

documents as additional evidence.

5. The finding of the Tribunal on negligence and

liability is not under challenge. Hence, the questions that

requires to be considered in the above appeal are:

(i). "Whether IA.No1/2014 is required to be allowed?

(ii). Whether the compensation awarded is required to be enhanced."

Re. question No.(i):-

6. In the affidavit accompanying the application the

claimant has stated that the documents produced along with

IA.No.1/2014 as additional evidence could not be produced

before the Tribunal as they are acquired subsequently and

some of the documents are copies. It is forthcoming from a

perusal of the same that the documents are final bill from a

hospital as well as documents from the employer of the

claimant, which is the University of Mysuru. Hence, the said

documents are necessary for consideration of above appeal on

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merits and are required to be taken on record. Accordingly, the

question No.(i) framed for consideration is answered in the

affirmative.

Re. question No.(ii):-

7. The claimant was aged about 50 years as on the

date of accident i.e., 28.12.2009 and he was working as an

Assistant Professor at Government College, Malavalli.

8. As a result of the accident he has sustained fracture

of the shaft of the left femur. It is forthcoming from the wound

certificate (Ex.P.6) as well as the discharge summary (Ex.C.2)

and the final bill dated 10.01.2010 produced as additional

document No.1, that the claimant was admitted to the hospital

on 29.12.2009 and he was discharged on 10.01.2010. A

perusal of the discharge card (Ex.P.10) discloses that the

claimant was admitted to the Mandya Institute of Medical

Science and Teaching Hospital on 28.12.2009 and discharged

on request on 29.12.2009. Hence, the claimant has been

treated as an inpatient for total period of 14 days.

9. The Tribunal has not assessed the monthly income

of the claimant. The claimant has stated that he is an Assistant

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Professor, working at the Government Collage, Malavalli. It is

forthcoming from paybill (Ex.P.13) that the claimant has

received salary of `41,003/- for all the months expect in the

month of February when he has received a sum of `19,039/-.

Hence, the loss of salary is (41,003 - 19,039)= `21,964/-.

10. It is noticed that the Tribunal has awarded a sum of

`22,000/- towards medical expenses and conveyance,

attendant, food and nourishment and other incidental charges.

Since, the final bill is for a sum of `76,039/- and only a sum of

`22,000/- having been awarded and the claimant is entitled to

further sum of (76,039 - 22,000) = `54,039/-.

11. Although the doctor has been examined and he has

stated that that the claimant has sustained a disability, having

regard to the fact that claimant has continued to work in the

Government College, Malavalli, the question of awarding any

compensation towards future loss of earning capacity does not

arise.

12. Having regard to the aforementioned, the

compensation reassessed follows:

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12.1. The Tribunal has awarded a sum of `40,000/-

towards pain and suffering and `10,000/- towards future

medical expenses which is just and proper.

12.2. The claimant is entitled to medical expenses, in

addition to what is awarded by the Tribunal in a sum of

`54,039/-.

12.3 The claimant is entitled to loss of income during the

period of treatment in sum of `21,964/-which is rounded of to

`22,000/-.

12.4 Having regard to the fact that the claimant was

treated as an inpatient for 14 days and keeping in mind that

period of treatment the claimant is entitled to compensation

towards conveyance, attendant charges, food and nourishment

and other incidental expenses in a sum of `20,000/-.

12.5. The Tribunal has been awarded a sum of `25,000/-

towards loss of amenities. Having regard to the nature of

injuries sustained and the period of treatment, the

compensation is being reassessed as `30,000/-.

13. In view of the aforementioned, the quantum of

compensation is reassessed as follows:

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Sl.No. Heads Amount Amount awarded by awarded by the Tribunal this Court (`) (`)

1. Future medical 10000 .00 10000.00 expenses

2. Pain and sufferings 40000 .00 40000 .00

3. Loss of amenities 25000 .00 30000 .00

4. Medical expenses 17339 .00 76039 .00

5. Conveyance, 6441 .00 20000.00 attendant charges, food and nourishment and other incidental expenses

6. Loss of income during 00.00 22000.00 laid up period

7. Permanent disability 40000.00 00.00

Total 137000.00 198039.00

14. Hence, the claimant is entitled for enhanced

compensation of `61,039/- (`137000 - 198039) which is

rounded up `62,000/- together with interest at 6% p.a.

15. In view of the aforementioned, the following:

ORDER

i) IA.No.1/2014 is allowed;

     ii)      The appeal is allowed in part;

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iii) The judgment and award dated 23.11.2013 passed in MVC.No.192/2010 by the file of the Senior Civil Judge ad MACT, Maddur, is modified to the extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered;

iv) The claimant is entitled to enhanced compensation of `62,000/- with interest at 6% per annum from the date of petition till its realization in addition to the compensation awarded by the Tribunal;

v) Respondent No.3 - insurer is directed to deposit the enhanced compensation of `62,000/- together with accrued interest within six weeks form the date of receipt of a copy of this order;