Karnataka High Court
Sri. Eshwar Shetty vs Santhosh Mathias on 4 July, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:25398
MFA No. 5060 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 5060 OF 2020 (MV-I)
BETWEEN:
SRI. ESHWAR SHETTY,
S/O. LATE. SANJEEVA SHETTY,
AGED ABOUT 59 YEARS,
R/O. "SRI. VINAYAKA",
NEAR SHIRVA JARANDAYA TEMPLE,
UDUPI TALUK AND DISTRICT - 45.
...APPELLANT
(BY SRI. PRATHEEP K C., ADVOCATE)
AND:
1. SANTHOSH MATHIAS,
S/O. LATE. BENJAMIN MATHIAS,
AGED ABOUT 38 YEARS,
R/O. FLAT NO.304, ENCLAVE BUILDING,
SHIRVA-KUTHYAR ROAD, SHIRVA VILLAGE,
UDUPI DISTRICT - 45.
Digitally signed by B
K
MAHENDRAKUMAR 2. THE UNITED INDIA INSURANCE COMPANY LTD.,
Location: High
Court of Karnataka DIVISIONAL MANAGER, DIVISIONAL OFFICE,
JEWEL PLAZA, IST FLOOR,
MARUTHI VEETHIKA,
UDUPI - 45.
...RESPONDENTS
(BY SRI.P.B. RAJU, ADVOCATE FOR R2;
V/O. DATED.04.07.2024 NOTICE TO R1 D/O)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 03.08.2020 PASSED IN MVC
NO.1106/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL
JUDGE AND ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE
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NC: 2024:KHC:25398
MFA No. 5060 of 2020
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimant under Section 173(1) of
The Indian Motor Vehicles Act, challenging the judgment and
award dated 03.08.2020 passed by the II Addl. MACT and II Addl.
Senior Civil Judge, Udupi in MVC.No.1106/2018.
2. Heard learned counsel for the parties.
3. The claimant sustaining injuries in a road traffic
accident on 05.08.2018 is not disputed. As of the date of the
accident, he was 57 years old. Due to the accident, the claimant
sustained a permanent physical disability of 36.5% and 100%
impairment of vision in his left eye. The claimant was working as a
Librarian and continued to do so despite the permanent disability.
Therefore, he is not entitled to loss of future income. Given the
nature of injuries sustained. the compensation awarded by the
Tribunal is reassessed as follows:
As awarded As awarded
Compensation under by the by this Court
different Heads Tribunal (Rs.)
(Rs.)
Pain and Suffering 50,000 1,25,000
Medical Expenses 3,42,913 3,42,913
Future Medical Expenses 30,000 30,000
Loss of Amenities 10,000 1,25,000
NC: 2024:KHC:25398
Loss of Future Income / 75,000 1,25,000
Disability
Conveyance Charges 2,413 20,000
Attendant Charges 8,000 15,000
Food and Nourishment 10,500 15,000
TOTAL 5,28,826 7,97,193
(Total compensation of Rs.7,97,193/- rounded of to
Rs.8,00,000/-).
4. In the result, the appeal is allowed-in-part. The
judgment of the Claims Tribunal is modified. The claimant is
entitled for a total compensation of Rs.8,00,000/- as opposed to
Rs.5,28,826/- awarded by the Tribunal.
5. The enhanced compensation amount of Rs.2,71,174/-
(i.e. Rs.8,00,000 - Rs.5,28,826) shall carry interest at the rate of
6% per annum from the date of filing the petition till the date of
realization.
6. The entire enhancement compensation amount shall be
released in favour of the claimant.
To this extent, the impugned judgment and award stands
modified.
Sd/-
JUDGE
DHA
