Karnataka High Court
Smt. Asha B S @ Asha Basavaraja vs Sri Mahadevaswamy C on 1 February, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:4454
MFA No. 3588 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 3588 OF 2018 (MV-I)
BETWEEN:
SMT. ASHA B.S @ ASHA BASAVARAJA,
W/O BASAVARAJA G,
AGED ABOUT 38 YEARS,
R/AT NO.286, 3RD FLOOR, 6TH CROSS,
BEHIND SRINIVASA THEATER,
GOWDANPALYA, BANGALORE SOUTH,
SUBRAMANYAPURA POST,
BENGALURU - 560 061.
...APPELLANT
(BY SRI. SHRIPAD V. SHASTRI, ADVOCATE)
AND:
1. SRI. MAHADEVASWAMY C,
Digitally signed by JAI
S/O CHIKKAMADAIAH, MAJOR,
JYOTHI J
R/AT. NO.795, 9TH CROSS,
Location: HIGH COURT
OF KARNATAKA GANDHINAGAR, MANDYA,
MANDYA DISTRICT - 571 401.
(OWNER OF THE TATA INDICA CAR
BEARING NO. KA-11-A-8798)
2. UNITED INDIA INSURANCE
CO. LTD., REGIONAL OFFICE,
KRISHIBHAVANA, NO.18,
5TH FLOOR, NRUPATUNGA ROAD,
HUDSON CIRCLE, BANGALORE - 560 001.
REPRESENTED BY ITS REGIONAL MANAGER.
-2-
NC: 2024:KHC:4454
MFA No. 3588 of 2018
POLICY ISSUED BY MANDYA BRANCH
(POLICY NO. 0720013115P112279383 VALID
FROM 15.01.2016 TO 14.01.2017)
...RESPONDENTS
(BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2;
R1 NOTICE DISPENSED WITH VIDE ORDER DATED
10.11.2023)
THIS MFA IS FILED U/S 173 (1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 04.04.2017 PASSED IN MVC
NO.2348/2016 ON THE FILE OF THE XXI ACMM & XXIII ASCJ,
BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimant challenging the
judgment and award dated 04.04.2017, passed by the
Motor Accident Claims Tribunal, Court of Small Causes,
Bengaluru (SCCH-25), in MVC No.2348/2016, seeking
enhancement of compensation awarded by the Tribunal.
2. The factum of accident, injuries sustained by the
claimant and coverage of insurance are not in dispute.
3. Heard the arguments of both sides and perused
the records.
NC: 2024:KHC:4454
4. In the present case, the Tribunal has awarded
compensation as under:
1 Towards pain and suffering Rs.15,000/-
2 Towards conveyance and the Rs.15,000/-
nourishment expenses
3 Towards medical expenses Rs.3,350/-
4 Towards loss of future income Rs.1,15,200/-
5 Towards loss of amenities Rs.15,000/-
6 Towards future medical expenses Rs.20,000/-
Total Rs.1,83,550/-
rounded off to
Rs.1,83,600/-
5. In the present case, from the medical evidence on
record, it is proved that the claimant had suffered
bimalleolar fracture (R) ankle and underwent surgery.
6. The Tribunal while determining the compensation
has not adopted the correct parameters. Hence, claimant
is entitled for compensation.
7. Considering the nature of injuries sustained,
compensation of Rs.15,000/- awarded by the Tribunal
under the head pain and sufferings is on the lesser side.
Hence, the same enhanced to Rs.30,000/-.
NC: 2024:KHC:4454
8. The Tribunal has awarded a lesser sum of
Rs.15,000/- under the head 'Loss of amenities'. The same
is enhanced to Rs.30,000/-.
9. The compensation awarded under the head
'Medical Expenses' is as per the medical bills produced by
the claimant and the same is kept intact.
10. The Tribunal has awarded a lesser sum of
Rs.15,000/- under the head 'Attendant charges, food,
nourishment and conveyance'. The same is enhanced to
Rs.25,000/-.
11. The doctor has stated that the claimant had
suffered 22% of right lower limb and 11% of disability
towards whole body. The Tribunal has taken only 8%
disability to the whole body. Therefore, considering the
nature of injuries sustained and the claimant was working
as Teacher, it is just and proper to consider 10% disability
towards whole body. The accident is of the year 2016.
The notional income would be 9,500/- per month. The
NC: 2024:KHC:4454
claimant was aged about 36 years. Therefore, appropriate
multiplier is '15'. Therefore, 'loss of earning capacity due
to disability' is re-assessed and quantified as:-
Rs.9,500 x 12 x 15 x 10/100 = 1,71,000/-
12. The Tribunal has not awarded compensation
under the head 'loss of income during laid up period'.
Considering the nature of injuries sustained by the
claimant, an amount of Rs.28,500/- (Rs.9,500/- x 3) is
awarded under the said head.
13. The Tribunal has awarded a lesser sum of
Rs.20,000/- under the head 'Future medical expenses'.
The same is enhanced to Rs.30,000/-.
14. Thus, in all, the appellant/claimant is entitled for
total compensation under various heads as follows:
1 Towards pain and
suffering Rs. 15,000/- 30,000/-
2 Towards attendant
charges, food,
nourishment and
conveyance Rs. 15,000/- 25,000/-
3 Medical expenses Rs. 3,350/- 3,350/-
NC: 2024:KHC:4454
4 Loss of income during
laid up period Rs. - 28,500/-
5 Loss of income due to
permanent disability Rs. 1,15,200/- 1,71,000/-
6 Loss of amenities Rs. 15,000/- 30,000/-
7 Towards future medical
expenses Rs. 20,000/- 30,000/-
TOTAL 1,83,550/-
Rounded off
to
Rs. 1,83,600/- 3,17,850/-
15. The Tribunal has awarded compensation of
Rs.1,83,600/-, but the appellant/claimant is entitled for
total compensation of Rs.3,17,850/-. Hence, the
appellant/claimant is entitled to enhanced compensation of
Rs.1,34,250/- (Rs.3,17,850/- - Rs.1,83,600/-), along
with interest at the rate of 6% per annum from the date of
petition till the date of realization, in addition to what has
been awarded by the Tribunal.
16. Accordingly, I proceed to pass the following:
ORDER
i. The appeal is allowed-in-part.
ii. The judgment and award passed by the Tribunal in
MVC No.2348/2016 dated 04.04.2017 by the Motor
NC: 2024:KHC:4454
Accident Claims Tribunal, Court of Small Causes at
Bengaluru (SCCH-25), is hereby modified holding
that the claimant is entitled for enhanced
compensation of Rs.1,34,250/- along with interest
@ 6% p.a., from the date of petition till its
realization, in addition to what has been awarded by
the Tribunal.
iii. Registry is directed to return the Trial Court records
to the Tribunal, along with certified copy of the order
passed by this Court forthwith without any delay.
iv. Costs made easy.
v. Ordered accordingly.
vi. The other observations and findings of the Tribunal
are kept in tact.
Sd/-
JUDGE
MH/-
CT: BHK
