Karnataka High Court
Srinivas Tallapaneri vs Shashikanth And Anr on 4 January, 2024
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MFA No. 201790 of 2018
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI
MISCL. FIRST APPEAL NO. 201790 OF 2018 (MV-I)
BETWEEN:
SRINIVAS TALLAPANERI
S/O VENKATESHWARLU TALLAPANERI,
AGE: 35 YEARS, OCCU: PRIVATE SERVICE WORKING
AS SENIOR EXECUTIVE IN SAI LIFE SERVICES LTD.,
KOLHAR INDUSTRIAL AREA BIDAR,
R/O 2-109 ANNAVARAM GUNTUR,
A.P-522 603, NOW AT SHIVNAGAR (NORTH)
BIDAR-585401.
...APPELLANT
(BY SRI. BASAVARAJ R MATH, ADVOCATE)
AND:
Digitally signed 1. SHASHIKANTH S/O SANJEEV KUMAR WATTAMWAL,
by
KHAJAAMEEN AGE: MAJOR, OCCU: BUSINESS,
L MALAGHAN R/O. H.NO.6-8-49, NEAR RAM MANDIR,
Location: High BIDAR-585401.
Court of
Karnataka (OWNER OF CAR BEARING REG.NO.KA.38/M-2695).
2. CHOLAMANDALAM MS GENERAL INSURANCE
COMPANY LTD.,
HEAD OFFICE AT DARE HOUSE, 2ND FLOOR,
NSC BOSE ROAD, CHENNAI-600001.
REPRESENTED BY AUTHORISED SIGNATORY,
GULBARGA-585103.
...RESPONDENTS
(BY SRI. SUBHASH MALLAPUR ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH, V/O DATED 10.12.2018)
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MFA No. 201790 of 2018
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO, CALL FOR RECORDS AND MODIFY THE
IMPUGNED JUDGMENT AND AWARD DATED 19.04.2018
PASSED BY THE ADDL. MACT AND PRL. SENIOR CIVIL JUDGE
AND CJM, AT BIDAR IN MVC NO.693/2015, IN THE INTEREST
OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in MVC No.693/2015,
dated 19.04.2018, by the Addl.MACT & Principal Senior
Civil Judge & CJM, Bidar, the claimant is before this Court
seeking enhancement of the compensation.
2. The claim petition was filed seeking
compensation of an amount of Rs.20,00,000/- for the
injuries sustained in the accident that took place on
31.12.2014. The claimant had sustained one fracture
injury. According to the claimant he was getting a salary of
Rs.49,000/- p.m. The claimant had drawn the salary for
the month January'2015 and the claimant had produced
the statement of accounts from November'2014 to
February'2015 and he has not produced the statement for
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the month of March'2015 onwards. The Court observed
that it is evident that the claimant has drawn the salary for
the month of February'2015 and he did not work for one
month and he was paid salary of an amount of
Rs.41,667/- under the head of loss of income during laid
up period.
3. Learned counsel appearing for the claimant
submits that as per Exhibit-P12 the claimant was paid the
salary of December in the month of January and entries
for the month of February and March do not show that he
had received the salary. He further submits that he had
joined other job in the next year November and till such
time he was idle. The court ought to have granted atleast
three months salary under the head of loss of income. It is
submitted that when he has sustained grievous injury the
court below under the head of pain and suffering had
granted a very meager amount and the compensation that
was awarded is not just and reasonable.
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4. Learned counsel appearing for the insurance
company submits that the court below had rightly granted
the compensation basing on the evidence and no grounds
are made out for enhancement of the compensation.
5. Having heard the learned counsels on either
side, perused the entire material on record. Under the
head of pain and sufferings considering the injuries
suffered by the claimant this Court is granting an amount
of Rs.40,000/-, under the head of loss of earning
during the laid up period, as rightly pointed out by the
learned counsel for the appellant the claimant had only
received salary for the month of January i.e., for the
month of December, but for February and March he has
not received any amount. Therefore considering three
months as laid up period this Court is granting an amount
of Rs.1,25,000/-. Towards loss of amenities an amount
of Rs.50,000/-, towards medical expenses an amount
of Rs.5,000/- and towards attendant, transport and
nourishment an amount of Rs.10,000/- was granted by
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the court below which are reasonable and this Court do
not find any reasons to interfere. Towards future medical
expenses an amount of Rs.10,000/- was granted by the
court below and this court is granting an amount of
Rs.15,000/-. The compensation awarded by the court
below towards loss of future prospects granted an amount
of Rs.20,000/- without any basis and this Court is not
inclined to grant the same.
6. Further in the light of the law laid down by the
Hon'ble Supreme Court in the case of V.MEKALA vs. M.
MALATHI AND ANOTHER1, the claimant is entitled for
an amount of Rs.10,000/- towards legal expenses.
7. The claimant is therefore, entitled to the
compensation under the following heads:
Heads Compensation
Awarded
1. Pain and Sufferings : Rs. 40,000/-
2. Loss of Earning During Laid up Period : Rs. 1,25,000/-
3. Loss of Amenities : Rs. 50,000/-
(2014) 11 SCC 178
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4. Medical Expenses : Rs. 5,000/-
5. Attendant, Transport & Nourishment : Rs. 10,000/-
6. Future Medical Expenses : Rs. 15,000/-
7. Legal Expenses : Rs. 10,000/-
TOTAL : Rs. 2,55,000/-
8. Accordingly, the Appeal is allowed-in-part,
enhancing the compensation amount from Rs.1,66,667/-
to Rs.2,55,000/-.
i) The enhanced amount shall carry interest at 6%
p.a. from the date of petition till the date of
realization.
ii) The respondent - insurance company shall
deposit the amount within a period of eight
weeks from the date of receipt of copy of the
judgment. On such deposit, the claimant is
entitled to withdraw the entire amount without
furnishing any security.
iii) Registry is directed to return the Trial Court
Records to the Tribunal, along with certified
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copy of the order passed by this Court forthwith
without any delay.
iv) No costs.
Pending miscellaneous petitions, if any, shall stand closed.
Sd/-
Judge
JJ
