Karnataka High Court
Shakuntala W/O Nagaraj vs Sangappa Bheemappa Talwar on 6 June, 2024
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NC: 2024:KHC-D:7583
MFA No. 100273 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO. 100273 OF 2017 (MV-I)
BETWEEN:
SHAKUNTALA W/O. NAGARAJ,
AGE: 31 YEARS, HINDU, OCC: HOUSEHOLD WORK,
R/O: SUNAGAR STREET, CHOUDIKERE,
KAMALAPURA, HOSAPETE, DIST: BALARI-573274.
...APPELLANT
(BY SRI. G. R. TURAMARI, ADVOCATE)
AND:
1. SANGAPPA BHEEMAPPA TALWAR,
S/O. BHEEMAPPA TALWAR,
AGE: 41 YEARS, HINDU, KSRTC DRIVER,
GANGAVATHI DEPOT, R/O: SAVADI VILLAGE,
TQ: RON, DIST: GADAG-564762.
2. THE DIVISIONAL MANAGER,
NEKSRTC, HOSAPETE DIVISION,
Digitally HOSPET, DIST: BALLARI-573274.
signed by
MANJANNA
E 3. THE DIVISIONAL CONTROLLER,
Location: NEKRTC, KOPPAL DIVISION,
HIGH
COURT OF KOPPAL, DIST: KOPPAL-576254.
KARNATAKA ...RESPONDENTS
(BY SRI. PRAKASH N. HOSAMANE, ADV. FOR R3;
NOTICE TO R1 AND R2 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 13.11.2015 PASSED
IN MVC NO.44/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HOSAPETE,
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:
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NC: 2024:KHC-D:7583
MFA No. 100273 of 2017
JUDGMENT
This appeal is filed by the claimant aggrieved by the
judgment and award dated 13.11.2015 passed in MVC
No.44/2014 on the file of the Principal Senior Civil Judge
and J.M.F.C., Hospet, (for short, 'the Tribunal'), whereby
the Tribunal awarded compensation of Rs.94,200/- on
account of injuries sustained by the claimant.
2. For the sake of convenience, the parties are
referred to as per their rank referred to in the claim
petition before the Tribunal.
3. This claim petition was filed under Section 166
of the Motor Vehicles Act, (for short, 'the Act') on account
of injuries sustained by the injured in road traffic accident
that took place on 12.06.2013 at about 10.30 A.M., when
the claimant was traveling in the Auto rickshaw bearing
registered No.KA-35/9535 towards Kamalapur to Hospet
near Hosamalapanagudi, at that time, the driver of KSRTC
bus bearing registered No.KA-37/F-0356 came in rash and
negligent manner and dashed against the Auto rickshaw.
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Hence, the claimant and one Nagaraj (the petitioner in
MVC No.45/2014) sustained injuries. Immediately, the
claimant was taken to hospital for treatment.
4. The Tribunal considering the evidence of
claimant and petitioner in MVC No.45/2014 and the
evidence of Dr.Vishwa Prasad and documents at Exs.P.1 to
P.68 and considering the evidence of RW.1-Sangappa
Talavar and Insurance Policy Ex.R.1 has granted
compensation of Rs.94,200/- to the claimant.
5. Learned counsel for the appellant/claimant
submits that the Tribunal has failed to consider the injuries
sustained by the claimant and the amount spent towards
medical treatment. The claimant took treatment as
inpatient for a period 16 days, but the Tribunal has not
considered this aspect. Further the Tribunal has not
granted fair compensation under the head 'pain and
suffering', 'loss of income during laid up period', and 'loss
of amenities'. Hence, he prays for allowing the appeal.
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6. Learned counsel for respondent No.2-
Corporation submits that the Tribunal considering the oral
and medical evidence has granted reasonable
compensation and thus, he prays for dismissal of the
appeal.
7. As there is no dispute with regard to the
injuries sustained by the claimant in the road traffic
accident that occurred on 12.06.2013 at about 10.30 A.M.,
due to rash and negligent driving of driver of the offending
bus bearing registered No.KA-37/F-0356 and the liability
of the insurer of offending vehicle, the point that arises for
court consideration in this appeal is :
"Whether the quantum of compensation
awarded by the Tribunal is just and reasonable or
does it call for enhancement?"
8. After hearing the learned counsel appearing for
the parties and perusing the judgment and award of the
Tribunal, I am of the view that the compensation awarded
by the Tribunal is not just and reasonable, it is on the
lower side and hence, it is required to be enhanced.
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9. In order to substantiate the claim of claimant
she herself examined as PW.1. She has stated that she
suffered two injuries one tenderness over chest area and
lacerated wound over right knee and there was bleeding
present. As per her evidence, she admitted in the hospital
on 12.06.2013 and discharged on the following day. As
per the Ex.P.4-Wound Certificate, injuries are simple in
nature. Later, the claimant admitted to VIMS Hospital,
Bellary, for treatment from 13.06.2013 and treated as
inpatient till 27.06.2013. As per the Discharge Summary-
Ex.P.11 the claimant took treatment in the hospital,
conservatively.
10. The injuries sustained and treatment taken by
the claimant is supported by oral evidence of claimant and
contents of Exs.P.4-Wound Certificate and P.11-Discharge
Summery.
11. In this case, the claimant sustained abdominal
injuries and thus the tribunal granted a sum of
Rs.15,000/- towards 'pain and sufferings' which is not
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reasonable one. Hence, considering the 'nature of injuries,
abdominal injuries, pain and agony', an additional sum of
Rs.35,000/- is awarded under the head 'Pain and
Suffering'.
12. Towards 'loss of income during laid up period,
the Tribunal has not granted any compensation under this
head. The nature of injuries suggested that she must have
been under treatment for a period of three months.
Therefore, a sum of Rs.21,000/- (Rs.7,000/- x 3) is
awarded under this head. In view of the circular issued by
High Court of Karnataka, Bangalore.
13. The Tribunal has awarded a sum of
Rs.57,900/- towards 'medical expenses', which is
reasonable one. No interference is called for in that regard
by this Court.
14. The Tribunal has awarded a sum of Rs.1,300/-
towards 'Attendance charges'. But the Tribunal has not
granted any compensation under the head 'food,
Nourishment, diet and conveyance' etc. Hence, an
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additional sum of Rs.20,000/- is awarded, under this
head.
15. Further, the Tribunal has not awarded any
compensation under the head of 'loss of amenities'.
Therefore, a sum of Rs.25,000/- is awarded under this
head considering the nature of injuries sustained by the
claimant.
16. Thus, the claimant is entitled for compensation
on the following heads;
Compensation awarded
Sl.
Description By the By this
No.
Tribunal Court
1 Pain and suffering 15,000/- 50,000/-
2 Attendant charges, Food,
Nourishment, diet and conveyance
etc 1,300/- 20,000/-
3 Medical expenses 57,900/- 57,900/-
4 Loss of amenities 25.000/-
-
5 Loss of income during laid up
period 21,000/-
6 Global Compensation 20,000/-
Total 94,200/- 1,73,900/-
Less: compensation awarded by the
Tribunal 94,200/-
Enhanced by this Court 79,700 -
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17. Therefore, the claimant is entitled to receive
total compensation of Rs.1,73,900/- as against the
compensation of Rs.94,200/- awarded by the Tribunal.
Accordingly, I pass the following;
ORDER
i) Misc. first appeal is allowed in part.
ii) The judgment and award dated 13.11.2015
passed in MVC.No.44/2014 by the Principal
Senior Civil Judge and JMFC., Hospet, is hereby
modified to the extent stated herein above.
iii) The claimant is entitled for compensation of
Rs.1,73,900/- as against the compensation of
Rs.94,200/- awarded by the Tribunal with
interest at the rate of 6% per annum on the
enhanced compensation of Rs.79,700/- from
the date of the claim petition, till the date of its
realization.
iv) Respondent No.2/Corporation is directed to
deposit the additional compensation with
interest within a period of eight weeks from the
date of receipt of copy of this judgment.
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v) On deposit of the entire amount the same shall
be paid to the claimant on proper identification.
vi) The Registry is directed to transmit the copy of
this judgment with consent to the Tribunal
along with its records
No order as to costs.
Sd/-
JUDGE
AC/ct-an
