Karnataka High Court
Sri Balakrishna K vs The Manager on 28 June, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:24198
MFA No. 3022 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 3022 OF 2019 (MV-I)
BETWEEN:
SRI BALAKRISHNA K
S/O KANNIYAPPAN,
AGED ABOUT 57 YEARS,
R/AT NO.1791/26
6TH CROSS, 4TH MAIN,
PRAKASHNAGAR,
BENGALURU-560 021.
...APPELLANT
(BY SRI. GURUDEVA PRASAD K.T., ADVOCATE)
AND:
1. THE MANAGER
SHRIRAM GENERAL INSURANCE COMPANY LTD,
TP. CLAIMS HUB, NO.4/5,
Digitally signed by B 3RD FLOOR, S.V. ARCADE,
K
MAHENDRAKUMAR BILEKAHALLI MAIN ROAD,
Location: High
Court of Karnataka
OFF BANNERGHATTA ROAD,
IIMB POST, BENGALURU-560 076.
2. MR. KHADER PASHA
S/O AHAMED BABA
R/AT NO.37, 'M' CROSS,
NEW GURAPPANAPALYA,
BANNERGHATTA ROAD,
BENGALURU - 560 029.
...RESPONDENTS
(BY SRI. B. PRADEEP, ADVOCATE FOR R-1;
V/O DATED 15.12.2023 NOTICE TO R2 IS HELD SUFFICIENT)
-2-
NC: 2024:KHC:24198
MFA No. 3022 of 2019
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 03.08.2017 PASSED IN MVC
NO.4990/2017 ON THE FILE OF THE XXII ADDITIONAL SMALL
CAUSES JUDGE AND XX A.C.M.M. AND MEMBER MACT,
BENGALURU (SCCH-24), PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Section 173(1) of the Motor Vehicles Act
has been filed by the claimant, challenging the judgment and award
dated 3.8.2017, passed by the XXII Additional Small Causes Judge
and XX Additional Chief Metropolitan Magistrate & MACT,
Bengaluru (SCCH-24) in MVC No.4990/2017.
2. The appellant/claimant sustained injuries in a road traffic
accident on 13.7.2017 and subsequently filed a claim petition under
Section 166 of the Indian Motor Vehicles Act, 1989, seeking just
and proper compensation. The Tribunal awarded a total
compensation of Rs.9,72,200/- with interest at the rate of 8% per
annum. Being not satisfied with the compensation amount awarded
by the Tribunal, the claimant is appealing for an enhancement of
the compensation amount.
3. Heard the learned counsel for the appellant and the
respondent, the Insurance Company.
NC: 2024:KHC:24198
4. The claimant having sustained accidental injuries on
13.7.2017 is not disputed, and he was aged about 55 years at the
time of the accident. It is alleged that, the claimant was working as
Lathe operator and proprietor of M/s Sharmila Engineering works,
and was earning Rs.15 Lakh per annum, and due to the accident
he suffered permanent disablement and is unable to lead normal
life as earlier and has closed the workshop and suffered huge loss.
5. The claimant suffered the following injuries:
"Deglowing injury over right arm, multiple abrasion over
right upper limb, tenderness over right wrist, tenderness
over left side of chest, tenderness and swelling over right
forearm."
6. The doctor, who was examined as P.W.2, assessed
the permanent physical disability to the limb at 65.62% and 21.87%
to the whole body.
7. Considering the nature of the injury sustained by the
claimant, the sum of Rs.1,00,000/- awarded by the Tribunal
towards pain and suffering is deemed insufficient and is therefore
enhanced by an additional Rs.50,000/-, bringing the total to
Rs.1,50,000/- under this head.
8. The claimant was treated as inpatient for a period 53
days in various hospitals, Bengaluru. Therefore, considering the
duration of treatment, a sum of Rs.75,000/- is awarded towards
incidental expenses such as conveyance, nourishment and attendant
charges as against Rs. 50,000/- awarded by the Tribunal.
NC: 2024:KHC:24198
9. Given the nature of injuries, a sum of Rs.55,000/- is
awarded towards 'future medical expenses' as against Rs. 30,000/-
awarded by the Tribunal
10. Therefore, the appellant is entitled to enhanced
compensation under the following heads:
Awarded by Awarded by this
Tribunal Court
Rs. Rs.
Pain and suffering 1,00,000/- 1,50,000/-
Food & Nourishment,
Conveyance & attendant 50,000/- 75,000/-
charges
Medical Expenses 4,42,175/- 4,42,175/-
Loss of income during laid up
1,00,000/- 100,000/-
period
Loss of amenities of life and 2,50,000/- 2,50,000/-
disability
Future medical expenses 30,000/- 55,000/-
Total 9,72,175/- 10,72,175/-
11. In summary, the appellant/claimant is entitled to a total
compensation of Rs.10,72,175/- as opposed to Rs.9,72,175/-
awarded by the Tribunal. The enhanced compensation amounts to
Rs.1,00,000/-. To this extent, the award passed by the Tribunal is
modified. The enhanced compensation of Rs.1,00,000/- shall not
carry interest.
12. The respondent, the Insurance Company, is directed to
deposit the enhanced amount within a period of three months from
the date of receipt of the certified copy of this order. The entire
NC: 2024:KHC:24198
enhanced compensation amount is to be released in favor of the
appellant/claimant.
The appeal is disposed of.
Sd/-
JUDGE
HR
