Karnataka High Court
Mr.A.V.Ganapathy vs Mr.Sekar V on 29 February, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:8398
MFA No. 1012 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.1012 OF 2016(MV-I)
BETWEEN:
MR. A.V.GANAPATHY
S/O LATE VIRARAGHAVALU NAYDU
@ A.V.R.NAYDU,
AGED ABOUT 49 YEARS,
R/AT NO.246, 3RD CROSS,
VINAYAKA NAGAR, TIPTUR,
OLD ADDRESS:
NO.508/1, CHIKKANNANAVARA,
THOTA, TIPTUR TOWN.
...APPELLANT
(BY SMT. BHANU.H.M., ADVOCATE)
AND:
1. MR. SEKAR.V.
S/O VARATHAPPA GOUNDER.R.,
Digitally signed by NO.1-59C, NEW NO.137,
THEJASKUMAR N PRIRIVU ROAD, SANKARI WEST,
Location: HIGH SANKARI (TP), TAMILNADU-637 301.
COURT OF
KARNATAKA
2. RELIANCE GENERAL INSURANCE CO.LTD.,
5TH FLOOR, CENTENARY BUILDING,
M.G.ROAD, BANGALORE-56O 001.
...RESPONDENTS
(R1-SERVED AND UNREPRESENTED;
BY SRI. ASHOK.N.PATIL., 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:18.08.2015,
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MFA No. 1012 of 2016
PASSED IN MVC NO.851/2013, ON THE FILE OF THE SENIOR
CIVIL JUDGE & XIV MACT, TIPTUR, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Ashok N.Patil., learned counsel for the respondent
No.2 has appeared in person.
Notice to respondents was ordered on 11.09.2017. A
perusal of the office note depicts that respondent No.1 is
served and unrepresented. He has neither engaged the services
of an advocate nor conducted the case as party in person.
2. Though the appeal is listed today for admission, it is
heard finally.
3. For the sake of convenience, the parties shall be
referred to as per their status and rankings before the Tribunal.
4. It is the case of the claimant that on the 11th day of
May 2012 at about 2:00 am., he was driving his Maruti Suzuki
Car bearing Registration No.KA-44-M-1503 along with his friend
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in a slow and cautious manner on Tumkur - Bengaluru NH-4
highway, Nelamangala. When he reached Navayuga Toll, at
that time a Lorry bearing Registration No.TN-52-5373 being
driven by its driver came in a rash and negligent manner
without giving any signal and took right turn. As a result of
which, the back right side of the lorry hit the claimant's car and
the claimant lost control and hit the driver. Hence, the claimant
and his friend sustained grievous injuries. The claimant was
admitted to Harsha Hospital, Fortis Hospital and M.S.Ramaiah
Hospital and took treatment as an in-patient about 15 days.
Contending that the accident occurred due to the rash and
negligent driving of the Lorry, the claimant filed claim petition
seeking compensation.
In response to the notice, the first respondent did not
appear before the Tribunal and hence, he was placed ex-parte.
The second respondent - Insurance Company appeared through
its counsel and filed detailed written statement and denied the
petition averments. Among other grounds it prayed for
dismissal of the claim petition.
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Based on the above pleadings, the Tribunal framed
Issues. The claimant examined himself as PW1 and a doctor by
name Ravi Gopal Varma was examined as PW3 and got marked
the documents. A witness by name Karthik.M was examined as
RW1, but no document was marked. The Tribunal vide
Judgment and Award dated:18.08.2015 allowed the 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
appeal.
5. Learned counsel for the appellant and respondent
No.2 have urged several contentions. Heard, the contentions
urge on behalf of the respective parties and perused the appeal
papers and also the records with utmost care.
6. The point that would arise for consideration is
whether the Claimant is entitled for additional compensation?
7. The facts are sufficiently stated and do not require
reiteration. I have perused the Judgment of the Tribunal with
utmost care. The Tribunal extenso referred to the material on
record and awarded compensation of Rs.1,41,867/- (Rupees
One Lakh Forty One Thousand Eight Hundred and Sixty Seven
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only) with interest at the rate of 6% per annum from the date
of petition till realization.
It is noticed that the Tribunal has awarded an amount of
Rs.12,000/- (Rupees Twelve Thousand only) under the head of
Food, Nourishment and Attendant Charges. This Court deems it
appropriate to enhance the same to Rs.15,000/- (Rupees
Fifteen Thousand only) as against Rs.12,000/- (Rupees Twelve
Thousand only).
It is noticed that the Tribunal has not awarded
compensation under the head "Laid up period". Therefore, this
Court deems it appropriate to award compensation under the
head "Laid up Period". However, there is no proof of income of
the claimant. In the absence of any proof of income, the chart
prepared by the Legal Service Authority must be taken into
consideration. As per the chart, if the accident is occurred in
the year 2012, the salary of the injured must be taken as
Rs.7,000/- (Rupees Eight Thousand only) per month. Hence,
the amount towards laid up period of three months is as under:
Rs.7,000/- X 3 months = Rs.21,000/-.
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It is noticed that the Tribunal has not awarded
compensation towards Loss of Amenities. Therefore, this Court
deems it proper to award an amount of Rs.25,000/- (Rupees
Twenty Five Thousand only) towards Loss of Amenities.
The compensation amount awarded by the Tribunal under
the head Medical Expenses remains intact.
8. Accordingly, this Court re-determines the
compensation as under:-
1. Pain and Agony 20,000 + 8,000 Rs.28,000/-
(Rs.20,000/- for injury
fracture of Nasal bone
and Rs.4,000/- each in
respect of Injury No.2
and 3)
2. Food, Nourishment and 12,000 + 3,000 Rs.15,000/-
Attendant Charges
3. Medical Expenses Rs.1,01,867 Rs.1,01,867/-
4. Towards Laid-up period 7,000 X 3 Rs.21,000/-
5. Loss of amenities 25,000 Rs.25,000/-
Total: Rs.1,90,867/-
(Less) Compensation awarded by the - Rs.1,41,867/-
Tribunal:
Enhanced compensation awarded by Rs.49,000/-
this Court:
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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%
per annum on the enhanced compensation amount from the
date of claim petition till realization.
9. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed in part and the Judgment
dated:18.08.2015 passed by the Court of Senior
Civil Judge and XIV MACT, Tiptur in M.V.C
No.851/2013 is modified to the extent stated
hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.49,000/- (Rupees Forty Nine
Thousand only) with interest at the rate of 6% per
annum from the date of the claim petition till the
date of realization.
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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.
4. The Registry to draw the modified award
accordingly.
5. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
TKN
