Karnataka High Court
Sri K R Jayaramu vs United India Insurance Company Ltd on 2 February, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
-1-
NC: 2024:KHC:4775
MFA No. 7624 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO. 7624 OF 2022 (MV-I)
BETWEEN:
SRI K.R.JAYARAMU
S/O.K.R.RAMAKRISHNA
AGED ABOUT 58 YEARS
R/AT NO.77
HASTHINAPUR LAYOUT
KESHWAPURA, HUBLI
DHARWAD DISTRICT-580 023
ALSO R/AT
C/O.SRIKANTH M.
SAPTHAGIRI NILAYA, 4TH CROSS
HANUMANTHAPURA
TUMAKURU CITY-572 103
...APPELLANT
(BY SRI V.B.SIDDARAMAIAH, ADVOCATE)
AND:
Digitally
signed by B 1. UNITED INDIA INSURANCE
LAVANYA COMPANY LTD.,
BRANCH OFFICE, 1ST FLOOR
Location: RAJA COMPLEX
HIGH
DR.AMBEDKAR ROAD
COURT OF
SIRA TOWN, SIRA
KARNATAKA
TUMAKURU DISTRICT-572 137
REP.BY ITS BRANCH MANAGER
2. SRI RAJENDRA T.L.
S/O.LATE LAKSHAMANA T.R.
AGED ABOUT 43 YEARS
R/AT DHANALAKSHMI NILAYA
-2-
NC: 2024:KHC:4775
MFA No. 7624 of 2022
1ST MAIN, ADARSHA NAGARA
TUMAKURU CITY-572 102
...RESPONDENTS
(BY SRI MOHAN KUMAR T., ADVOCATE FOR R-1;
NOTICE TO R-2 IS DISPENSED WITH V.O.D.17.01.2024)
THIS MISCELLANEOUS FIRST APPEAL FILED UNDER
SECTION 173(1) OF MV ACT PRAYING TO MODIFY THE
JUDGMENT AND AWARD DATED 22.03.2022 PASSED IN MVC
NO.121/2019 BY III ADDITIONAL SENIOR CIVIL JUDGE AND
MACT, TUMAKURU AND ETC.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred by the appellant-claimant
challenging the judgment and award dated 22.03.2022
passed in MVC.No.121/2019 by the Court of III Additional
Senior Civil Judge and MACT, Tumakuru (for short 'the
tribunal'). The appeal is preferred on the premise of
inadequate and meager compensation awarded by the
tribunal.
2. Parties to the appeal shall be referred to as per
their status before the tribunal.
3. Brief facts of the case is as under:
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On 18.06.2018, the claimant was proceeding along
with a pillion rider on a motor cycle bearing registration
No.KA-06-EY-8693, near Town Hall Circle, in front of THS
building, during that time, a lorry bearing registration
No.KA-06-D-1343 driven by driver in a rash and negligent
manner came from rear side and dashed against the motor
cycle of the claimant. Due to the impact of the accident,
the claimant and the pillion rider sustained injuries and fell
down. They were immediately shifted to MC Orthopaedic
Arthroscopy and Joint Replacement Center, Adhokanagar,
Tumakuru, wherein he took treatment as an inpatient for
two days. After discharge from the hospital, he took
treatment as an outpatient and incurred Rs.50,000/- for
medical and other incidental expenses and sustained
physical disability.
3.1 It is stated that he was aged 55 years and
working as a Senior Section Engineer in Railway
Department and earning Rs.1,10,000/-. Due to the injuries
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sustained and financial expenditure met, he filed a claim
petition.
3.2 On service of notice, the respondents appeared
through their counsel and filed their written statement
denying the averments made by the claimant in the claim
petition including age, avocation, income and negligence
attributed against the driver of the offending vehicle and
sought for dismissal of the claim petition.
3.3 On the basis of pleadings, the tribunal framed
relevant issues for consideration.
3.4 In order to substantiate the issue and to
establish the case, the claimant got examined himself as
PW.2 and the Doctor as PW.3 and got marked documents
as Exs.P17 to P28, P31 and P32. On the other hand, the
respondents neither examined any witness nor got marked
any documents.
3.5 On the basis of material evidence produced by
the parties, the tribunal awarded the compensation of
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Rs.26,521/- with interest @ 6% p.a. from the date of
petition till its realization and directed the Insurance
Company to pay the compensation.
3.6 Being aggrieved by the meager compensation
amount awarded by the tribunal, the claimant is before
this Court seeking enhancement of compensation.
4. It is the vehement contention of learned counsel
for appellant-claimant that the tribunal awarded meager
compensation under the heads including the income of the
claimant. Hence, he seeks to enhance the compensation.
5. Per contra, learned counsel for respondent-
Insurance Company vehemently contends that the tribunal
has awarded just and reasonable compensation, which
does not call for interference. Hence, he seeks for
dismissal of the appeal.
6. I have heard learned counsel for appellant-
claimant and respondent-Insurance Company and perused
the impugned judgment and award.
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7. On perusal of exhibits, it is apparently clear that
the accident occurred due to the negligence of the driver
of the offending vehicle, which is depicted in Exs.P1 to P8,
which are the Police records and the medical records are
produced to show the injuries sustained and the medical
expenses met by the claimant. In the present case, the
disability has not been explained by adducing evidence of
the Doctor and no certificate to that effect is produced.
8. The short point that arise for consideration in this
case would be -
"What is the extent of compensation that
requires to be awarded towards pain and
suffering, loss of amenities and medical
expenses?"
9. In view of there being no disability as the Doctor
has not been examined to express any disability to the
whole body or any particular limb, the question of granting
compensation towards loss of future earning capacity does
not arise. It is also borne by evidence and records placed
before the tribunal that the claimant has continued to
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work in the same Organisation and there is no reduction in
his salary.
10. The tribunal awarded Rs.6,521/- towards medical
expenses, which is based on the actual bills produced by
the claimant. The same does not call for interference and
is retained.
11. The tribunal awarded Rs.20,000/- towards pain
and suffering. However, this Court deems it appropriate to
award additional amount of Rs.30,000/-. In all,
Rs.50,000/- is awarded under this head.
12. In view of the tribunal not awarding any
compensation towards loss of amenities and food,
nourishment, conveyance and transportation, this Court
deems it appropriate to award Rs.25,000/- towards loss
of amenities and Rs.20,000/- towards food, nourishment,
conveyance and transportation, as the claimant has taken
Ayurvedic treatment in a conservative method.
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13. In view of the above, the claimant would be
entitled to a total compensation of Rs.1,01,521/- as
against Rs.26,521/- as mentioned in the table below:
Heads Amount in Rs.
Pain and suffering 50,000-00
Medical expenses 6,521-00
Loss of amenities 25,000-00
Food, nourishment, conveyance and 20,000-00
transportation
TOTAL 1,01,521-00
14. Accordingly, I pass the following:
ORDER
i) The appeal is allowed-in-part;
ii) The judgment and award dated 22.03.2022
passed in MVC.No.121/2019 by the Court of III
Additional Senior Civil Judge and MACT,
Tumakuru, is modified;
iii) The claimant is entitled to a total compensation
of Rs.1,01,521/- as against Rs.26,521/-
awarded by the tribunal;
iv) The enhanced compensation amount shall be
paid with interest @ 6% p.a. by the
respondent-Insurance Company within a period
of four weeks from the date of receipt of a copy
of this order;
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v) The compensation amount shall be released in
favour of the appellant-claimant upon proper
verification;
vi) All other terms and conditions stipulated by the
tribunal shall stand intact.
Sd/-
JUDGE
LB
