Karnataka High Court

Sri M Rajesh vs Sri Ganesh V on 3 January, 2024

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                                                       NC: 2024:KHC:382
                                                   MFA No. 5333 of 2016




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 3RD DAY OF JANUARY, 2024

                                       BEFORE
                      THE HON'BLE MR JUSTICE C.M. POONACHA
              MISCELLANEOUS FIRST APPEAL NO. 5333 OF 2016 (MV-I)
             BETWEEN:

             1.    SRI M RAJESH
                   S/O LATE MURALI
                   AGED ABOUT 23 YEARS,
                   RESIDING AT 5TH CROSS,
                   PRAGATHIPURA
                   BANASHANKARI 2ND STAGE,
                   BENGALURU-560071
                                                            ...APPELLANT
             (BY SRI. M PRAKASHA., ADVOCATE)

             AND:

             1.    SRI GANESH V
                   NO.34, 2ND CROSS,
                   KEB OFFICE ROAD,
                   AJANA NAGAR, VISHWANEEDAM,
Digitally          BENGALURU-560091
signed by
BHARATHI S
Location:    2.    RELIANCE GENERAL INSURANCE CO LTD
HIGH COURT
OF                 REGIONAL OFFICE,
KARNATAKA
                   NO.28, 5TH FLOOR,
                   CENTENARY BULDING,
                   M G ROAD, BENGALURU-560001
                                                           ...RESPONDENTS
             (BY SRI. D VIJAYAKUMAR.,ADVOCATE FOR R2
              NOTICE TO R1 IS DISPENSED WITH V/C/O DTD 12.7.2021)

                  THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
             JUDGMENT AND AWARD DATED 07.05.2016       PASSED IN MVC
             NO.4911/2014 ON THE FILE OF THE XVI ADDITIONAL JUDGE,
             MEMBER, MACT, COURT OF SMALL CAUSES, BANGALORE, PARTLY
             ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
             ENHANCEMENT OF COMPENSATION.
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                                                             NC: 2024:KHC:382
                                                         MFA No. 5333 of 2016




     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                                       JUDGMENT

1. The above appeal is filed by the claimant under Section

173(1) of the Motor Vehicles ACT, 1988 challenging the

judgment and award dated 07.05.2016 passed in MVC

No.4911/2014 by the XVI Additional Judge, Member, MACT,

Court of Small Causes, Bengaluru1 seeking 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 on 27.07.2014 at about 9.30 a.m.,

when the appellant herein2 who was aged 21 years and was

working as a building Supervisor, was proceeding on a

motorcycle bearing registration No.KA-05-JA-7653, a Swaraj

Mazda bearing No.KA-41-5689 came in a rash and negligent

manner and hit the motor cycle being driven by its driver and

caused the accident, due to which the claimant suffered

Hereinafter referred to as the 'Act'

Hereinafter referred to as the 'claimant'

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grievous injuries. Claiming compensation for the same, the

claimant filed MVC No.4911/2014. The said claim proceeding

was contested by the insurer.

4. The claimant examined himself as PW.1 and marked

Exs.P1 to P15. No oral or documentary evidence was adduced

on behalf of the Respondents. The Tribunal upon an

appreciation of the oral and documentary evidence on record

allowed the claim petition in part and awarded compensation of

`4,90,000/- together with interest @ 9% per annum. The

compensation awarded by the Tribunal is as follows:

1 Pain and sufferings `1,00,000/-

2 Medical expenses `2,00,000/-

3 Nourishment, conveyance and ` 25,000/-

Attendant charges

4 Loss of income ` 40,000/-

5 Loss of amenities ` 75,000/-

6 Loss of marriage prospects ` 25,000/-

7 Future medical expenses ` 25,000/-

       Total                                `4,90,000/-

                                                   NC: 2024:KHC:382

5. Being aggrieved, the present appeal is filed seeking for

enhancement of compensation.

6. Learned counsel for the Appellant vehemently contends

that the injuries sustained by the claimant are grievous in

nature and has resulted in disfigurement of his face and hence,

the compensation awarded by the Tribunal is required to be

enhanced.

7. Per contra, learned counsel for Respondent No.2-insurer

submits that the compensation awarded by the Tribunal is just

and proper.

8. The submissions made by the learned counsel for the

parties have been considered and the material on record have

been perused including the records which have been secured

from the Tribunal.

9. The injuries which have been sustained by the claimant

as noticed by the Tribunal are as follows:

i. Right zygomatic arch fracture.

ii. Nasal bone and septal fracture

iii. Base of skull fracture

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iv. Dento alveolar fracture of anterior maxilla

v. Multiple fracture of upper and lower anterior teeth

10. Although the claimant has suffered grievous injuries, the

Doctor has not been examined. However, it is relevant to note

that the discharge summary has been marked as Ex.P8 which

discloses that immediately after the accident, the claimant was

taken to NIMHANS Hospital for primary assessment where he

was treated and thereafter, brought to Sevakshetra Hospital for

further treatment. It is forthcoming from the discharge

summary of Sevakshetra Hospital which is marked as Ex.P9

that the claimant was admitted on 27.07.2014 and discharged

from 06.08.2014. Hence, he was inpatient for a period of 11

days in the hospital.

11. The fractures sustained to the face have been treated

surgically and the lacerated wounds have been sutured. It is

forthcoming from the same that the claimant has sustained

severe injuries on his face. The effect that the injuries have had

on the face of the petitioner is also forthcoming from the

photographs which have been marked as Ex.P8. The diagnostic

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reports i.e., the x-ray of the chest and spine are marked as

Ex.P11. It is forthcoming from the aforementioned that the

said injuries have caused severe disfigurements to the face of

the claimant.

12. Although the evidence of the Doctor has not been

adduced, the Tribunal has awarded sufficient compensation on

various heads including the medical expenses and for the

period of treatment. With regard to the income, the Tribunal

has assessed the same at `8,000/- which is just and proper in

the absence of any evidence adduced by the claimant in that

regard.

13. The Tribunal has awarded a sum of `25,000/- each on

the heads of loss of marriage prospects and future medical

expenses. Having regard to the nature of injuries sustained

and the resultant disfigurement of face, the compensation

awarded towards loss of marriage prospects be enhanced by

another `20,000/-.

14. The Tribunal has awarded future medical expenses of

`20,000/-. However, it is forthcoming that having regard to

the injuries sustained and the disfigurement of face, further

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sums of money would be required for the procedures to be

done in order to rectify the disfigurement of the face. Hence, it

is just and proper that another sum of `10,000/- be awarded

towards future medical expenses.

15. Having regard to the aforementioned, the following order

is passed:

i. Appeal is allowed in part.

ii. Judgment and Award dated 07.05.2016 passed in MVC No.4911/2014 by the XVI Additional Judge, Member, MACT, Court of Small Causes, Bengaluru is hereby modified to the above extent and the claimant is entitled to 6% interest per annum on the enhanced compensation of `20,000/- towards loss of marriage prospects. The claimant is not entitled to interest on the enhanced compensation of `10,000/- awarded towards future medical expenses.

iii. The enhanced compensation together with accrued interest is liable to be deposited by the Respondent No.2 within six weeks from the date of receipt of a copy of this order.

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iv. Upon such deposit, the entire enhanced compensation together with interest accrued thereupon is to be disbursed to the claimant.