Karnataka High Court
Mr Muthappa vs Mr Ravi V on 12 January, 2024
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MFA No. 4014 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 4014 OF 2016 (MV-I)
BETWEEN:
1. MR MUTHAPPA
S/O VENKATAPPA
AGED ABOUT 60 YEARS,
R/AT NO.70, 15TH CROSS,
4TH BLOCK, PEENYA 1ST STAGE,
BANGALORE-560 058.
...APPELLANT
(BY SMT. BHANU H M., ADVOCATE FOR
SRI. M R KUMARASWAMY., ADVOCATE)
AND:
1. MR RAVI V
S/O VENKAA SUBRAANIAN.K
R/AT LAKSHMI NILAYA,
NO.767, 1ST CROSS "A" BLOCK,
Digitally signed SAHAKAR NAGAR,
by BHARATHI BANGALORE-560 092.
S
Location: HIGH
COURT OF 2. UNITED INDIA INSURANCE CO. LTD.,
KARNATAKA NO.89/1, SAMPIGE ROAD,
11TH CROSS, MALLESWARAM,
BANGALORE-560 003.
3. GIRISH CHANDRA S
S/O SHANKARE GOWDA M
R/AT NO.138, 5TH CROSS,
VIDYANAGAR, T DASARAHALL
BANGALORE 560057
...RESPONDENTS
(BY SRI. M.V.CHANDRASHEKARA., ADVOCATE FOR R2
R1 SERVED V/O DTD 03.11.2017)
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MFA No. 4014 of 2016
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 06.11.2015 PASSED IN MVC
NO.2511/2014 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSE
JUDGE, & MACT, BANGALORE, 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
The above appeal is filed by the claimant challenging the
judgment and award dated 6.11.2015 passed in MVC
No.2511/2014 by the XIX Additional SCJ & MACT, Bangalore1,
seeking for enhancement of compensation.
2. For the sake of convenience, the parties herein are
referred as per their rank before the Tribunal.
3. The relevant facts necessary for consideration of
the present appeal are that the appellant/claimant filed the
claim petition claiming compensation for the injuries sustained
in a road traffic accident dated 21.12.2015. The first
respondent is the prior owner of the vehicle in question. The
second respondent is the insurer. The third respondent is the
owner of the vehicle in question as on the date of the accident.
The claimant examined himself as PW.1 and marked Exs.P1 to
Hereinafter referred to as the 'Tribunal'
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P10. The employee of the insurer was examined as RW.1 and
Exs.R1 and R2 were marked in evidence. The first respondent
examined himself as RW.2 and marked Exs.R3 to R9. The
Tribunal by its judgment and award dated 6.11.2015 has
assessed the compensation payable in a sum of Rs.24,500/- to
be paid along with interest at 6% pa. The Tribunal has also
recorded a finding that the driver of the vehicle did not have
driving licence and hence, exonerated the second respondent -
insurer from payment of compensation and directed respondent
Nos.1 and 3 to pay the compensation awarded. Being
aggrieved, the present appeal is filed by the claimant.
4. It is forthcoming from the wound certificate (Ex.P7)
that the claimant sustained multiple abrasions over forehead,
right thumb, both knees and left ankle. It is forthcoming from
discharge summary (Ex.P8) that the claimant was treated as an
inpatient for 3 days. The inpatient cash bill (Ex.P9) discloses
that the claimant has incurred medical expenses of Rs.4500/-.
The Tribunal has awarded a lumpsum compensation of
Rs.20,000/- towards pain and agony and awarded Rs.4,500/-
towards medical expenses.
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5. The claimant has averred that he is a plumbing
contractor. It is forthcoming from the discharge summary that
he has undergone treatment for the injuries as an inpatient for
3 days and thereafter, he has been advised rest for 5 days and
to be reviewed by the Orthopedic doctor. It is clear that he
would not have been able to work for few days as a result of
the accident in question. The claimant has not examined the
doctor.
6. Having regard to the aforementioned, the
compensation awarded by the Tribunal towards pain and agony
and medical expenses is just and proper. However, it is just
and expedient that a further sum of Rs.10,000/- be awarded
towards loss of income and a sum of Rs.5,500/- towards food,
nourishment and attendant charges.
7. With regard to the liability, it is forthcoming that
the registration certificate as on the date of the accident
reflects the name of the third respondent. Hence, the finding
of the Tribunal directing both respondent Nos.1 and 3 to pay
the compensation awarded is erroneous and the same is
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required to be modified by directing the third respondent to pay
the compensation awarded.
8. Accordingly, the total compensation under various
heads is re-assessed as follows:
Sl.No. Heads Amount Amount
awarded by the awarded by this
Tribunal (`) Court (`)
1. Pain and suffering 20000.00 20000.00
2. Medical expenses 4500.00 4500.00
3. Attendant charges, food, 0.00 5500.00
nourishment and
conveyance charges
4. Loss of earning during 0.00 10000.00
the period of treatment
Total 24500.00 40000.00
9. Hence, the appellant/claimant is entitled for
enhanced compensation of `15,500/- (`40000 - `24500)
together with interest at 6% p.a.
10. In view of the aforementioned, the following:
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 6.11.2015 passed
in MVC No.2511/2014 on the file of the XIX
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Additional SCJ and MACT, Bengaluru, is modified to
the extent stated herein. In all other respects, the
judgment and award of the Tribunal remain
unaltered;
iii) The appellant/claimant is entitled to enhanced
compensation of `15,500/- with interest at 6% per
annum from the date of petition till its realization
in addition to the compensation awarded by the
Tribunal.
iv) Respondent No.3 - owner is directed to deposit the
compensation awarded by the Tribunal as well as
the enhanced compensation awarded by this Court
together with accrued interest within a period of six
weeks from the date of receipt of a copy of this
judgment;
v) After deposit, the entire compensation together
with the interest enhanced compensation shall be
disbursed to the appellant/claimant;
vi) The Registry to draw the modified award
accordingly.
vi) No costs.
Sd/-
JUDGE
ND
