Karnataka High Court
Janaradhan G vs Ramesh Kumar P on 4 July, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:25397
MFA No. 8079 of 2018
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. 8079 OF 2018 (MV-I)
BETWEEN:
JANARDHAN G.,
S/O. LATE. M GOPAL,
AGED 30 YEARS,
R/AT NO. 34, 14TH 'C' CROSS,
J P NAGAR, 1ST PHASE,
SARAKKI GATE,
BENGLAURU - 56 0078.
...APPELLANT
(BY SRI. K.V. NAIK, ADVOCATE)
AND:
1. RAMESH KUMAR P,
MAJOR,
S/O. KENCHANA P.,
Digitally signed by B R/AT NO. 62/1,
K
MAHENDRAKUMAR DHARMARAJA KOIL STREET,
Location: HIGH SHIVAJINAGAR,
COURT OF
KARNATAKA BENGLAURU - 560 001.
2. M/S. ICICI LOMBARD GENERAL INSURANCE CO. LTD.,
NOW AT 9TH FLOOR, THE ESTATE,
# 121, DICKENSON ROAD,
M.G. ROAD,
BENGALURU - 560 042.
REP. BY ITS MANAGER.
...RESPONDENTS
(BY SRI. B. PRADEEP, ADVOCATE FOR R2 AND R1 SERVED)
-2-
NC: 2024:KHC:25397
MFA No. 8079 of 2018
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 05.07.2018, PASSED IN MVC
NO.2681/2014, ON THE FILE OF THE MEMBER, MACT, XVI
ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU,
(SCCH-14), PARTLY ALLOWING THE 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 05.07.2018 passed by the MACT, Bangalore City, in MVC
No. 2681/2014.
2. The claimant, having sustained accidental injuries, filed
the claim petition under Section 166 of the Motor Vehicles Act,
seeking just and proper compensation. The Tribunal initially
awarded a sum of Rs.4,45,800/- towards compensation. The
claimant, not satisfied, approached this Court in MFA No. 48/2016.
This Court remanded the matter to the Tribunal to reconsider the
claimant's claim for compensation under the head 'Medical
Expenses'.
3. The Tribunal, after appreciating the medical bills
produced by the claimant, granted a sum of Rs.93,500/- with
interest at 9% per annum.
4. Heard learned counsel for the parties.
NC: 2024:KHC:25397
5. The contention of the claimant is that Ex.P.12, sl.no.6,
was not considered by the Tribunal, and therefore, the claimant is
entitled to an enhancement of compensation under the head
'Medical Expenses'.
6. Ex.P.12, sl.no.6, does not contain the signature and
seal of the hospital and therefore the Tribunal did not consider the
said medical bill.
7. Given the nature of the injuries sustained by the
claimant, it would be appropriate to award a sum of Rs.25,000 in
addition to the Rs.93,500 awarded by the Tribunal.
8. In the result, the appeal is allowed in part. The
judgment of the Claims Tribunal is modified.
9. The enhanced compensation amount of Rs.25,000/-
shall carry interest at the rate of 6% per annum from the date of
filing the petition until the date of realization.
10. The entire enhanced compensation amount shall be
released in favor of the claimant.
11. To this extent, the impugned judgment and award
stand modified.
Sd/-
JUDGE
DHA
