Karnataka High Court
Sri Chandrasekhar vs Kasu Venkataraja Gopal Reddy on 26 February, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:7852
MFA No. 8368 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO. 8368 OF 2014 (MV)
BETWEEN:
SRI. CHANDRASEKHAR
S/O CHIKKE GOWDA,
AGED ABOUT 42 YEARS,
R/AT NO.201, SRI GANGA MANSION,
BALAJI LAYOUT, VISWANEEDAM,
MAGADI MAIN ROAD,
BANGALORE-560 091.
...APPELLANT
(BY SRI. GURUDEV PRASAD.K.T., ADVOCATE)
AND:
1. KASU VENKATARAJA GOPAL REDDY
S/O LATE VASU VENGALA REDDY,
MAJOR, NO.97/B, VI BLOCK,
KORAMANGALA, BANGALORE-560 095.
Digitally signed by
THEJASKUMAR N 2. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD.,
Location: HIGH NO.132, SRI. BALAJI SOVEREIGN,
COURT OF
KARNATAKA 2ND FLOOR, NEXT TO URBAN EDGE,
BRIGADE ROAD, BANGALORE-560 025.
...RESPONDENTS
(BY SRI. VENKATANARAYANA REDDY., ADVOCATE FOR R1;
SRI.C.R.RAVISHANKAR., ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED 08.09.2014,
PASSED IN MVC NO.3114/2011 ON THE FILE OF THE COURT
-2-
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MFA No. 8368 of 2014
OF SMALL CAUSES AND MOTOR ACCIDENT CLAIMS TRIBUNAL,
BENGALURU (SCCH-09).
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Gurudev Prasad.K.T., learned counsel for the
appellant and Sri.C.R.Ravishankar., learned counsel for
respondent No.2 have appeared in person.
Though the appeal is listed today for admission, with the
consent of learned counsel for the respective parties, it is heard
finally.
2. For the sake of convenience, the parties shall be
referred to as per their status and rankings before the Tribunal.
3. It is the case of the claimant that on the 27th day of
March 2011 at about 0:15 am., he was riding his motorbike on
Vittal Mallya road, a Car bearing Reg. No.KA-02-MB-3213 came
in a rash and negligent manner and hit against his bike. Due to
the impact, he fell down and sustained injuries. He was
hospitalized and took treatment as an in-patient. It is said that
the Claimant is working as a Manager in Advaith Motors Private
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Limited and was getting salary of Rs.74,500/- (Rupees Seventy
Four Thousand and Five Hundred only) per month. It is stated
that due to the accident he was permanently disabled and he
has lost income and was put to irreparable loss and hardship.
Hence, he filed a claim petition seeking compensation.
In response to the notice, respondents 1 and 2 appeared
through their counsel and filed statement of objections and
admitted that the offending car was insured with the second
respondent and the policy was in force as on the date of the
accident. They denied other petition averments regarding
occurrence of the accident, injuries, etc., Among other grounds
they prayed for dismissal of the petition.
Based on the above pleadings, the Tribunal framed
issues. The claimant examined himself as PW1 and two more
witnesses as PW2 and 3 and got marked the documents. The
respondents did not lead evidence and furnished the
documents. The Tribunal vide judgment dated:08.09.2014
allowed the claim petition in part. It is this Judgment that is
called into question in this Appeal on several grounds as set-out
in the Memorandum of Miscellaneous First Appeal.
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4. Learned counsel for the appellant and respondent
No.2 have urged several contentions.
Learned counsel for the appellant submits that the
Judgment of the Tribunal is contrary to the evidence on record
and law.
Next, he submits that the Tribunal has erred in awarding
a sum of Rs.35,000/- (Rupees Thirty Five Thousand only)
towards pain and suffering.
A further submission is made that the Tribunal has erred
in awarding meagre amount under the heads of Attendant
charges, nutritious expenses and transportation charges and
also loss of future amenities.
Lastly, he submits that the Tribunal has erred in awarding
a compensation of Rs.1,68,000/- (Rupees One lakh Sixty Eight
Thousand only) with interest at 6% per annum. Therefore, he
submits that the award of the Tribunal requires interference
and accordingly, prayed to allow the appeal.
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Learned counsel for respondent No.2 justified the
Judgment of the Tribunal. He submits that the appeal is devoid
of merits and the same may be dismissed.
Heard, the contentions urged on behalf of the respective
parties and perused the appeal papers and also the records
with utmost care.
5. The point that would arise for consideration is
whether the Claimant is entitled for additional compensation?
6. The facts are sufficiently stated and do not require
reiteration. The Claimant's appeal is one for enhancement of
compensation and modification of the judgment. The Tribunal
taking note of the material evidence on record concluded that
the Claimant sustained injuries due to the actionable negligence
on the part of the driver of the Car bearing Reg.No.KA-02-MB-
3213.
An attempt was made on behalf of the claimant that there
is a loss of future income due to the disability. In this Court
also, he has adhered to the said contention. Learned counsel
for the appellant submits that the claimant availed leave from
26.03.2011 to 26.09.2011 and the Tribunal has not awarded
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compensation under the head of loss of income. The said
contention cannot be accepted. The Tribunal extenso referred
to the material on record and rightly concluded that the
Claimant has failed to prove that the salary was not paid to him
during the above said period.
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.35,000/- (Rupees Thirty Five Thousand
only) awarded by the Tribunal.
The amount of Rs.95,000/- (Rupees Ninety Five Thousand
only) towards Medical expenses and Rs.20,000/- (Rupees
Twenty Thousand only) towards Future Medical expenses
awarded by the Tribunal remains intact.
Similarly, this Court deems it appropriate to award
Rs.10,000/- (Rupees Ten Thousand only) and Rs.30,000/-
(Rupees Thirty Thousand only) towards Attending charges,
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nutritious expenses and transportation charges and Loss of
future amenities as against Rs.3,000/- (Rupees Three
Thousand only) and Rs.15,000/- (Rupees Fifteen Thousand
only) awarded by the Tribunal.
7. Accordingly, this Court re-determines the
compensation as under:-
1. Pain and Sufferings 35,000+15,000 Rs.50,000/-
2. Medical Expenses 95,000 Rs.95,000/-
3. Attendant Charges, 3,000 + 7,000 Rs.10,000/-
nutritious expenses &
transportation charges
4. Loss of future amenities 15,000+15,000 Rs.30,000/-
5. Future medical 20,000 Rs.20,000/-
expenses
Total: Rs.2,05,000/-
(Less) Compensation awarded by the - Rs.1,68,000/-
Tribunal:
Enhanced compensation awarded by Rs.37,000/-
this Court:
Having regard to the facts and circumstances of the case
and the prevailing rate of interest during the relevant time, this
Court deems it appropriate to award interest at the rate of 6%
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per annum on the enhanced compensation amount from the
date of claim petition till realization.
8. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed in part and the Judgment
dated:08.09.2014 passed by the Court of Small
Causes and Motor Accident Claims Tribunal,
Bengaluru in M.V.C No.3114/2011 is modified to
the extent stated hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.37,000/- (Rupees Thirty 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.
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4. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
TKN
