Karnataka High Court
Mr Praveen D' Souza vs The Oriental Insurance Co Ltd on 28 June, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:24064
MFA No. 1064 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 1064 OF 2014 (MV)
BETWEEN:
MR PRAVEEN D' SOUZA
S/O FRANCIS D SOUZA
AGED ABOUT 32 YEARS
R/A BERNOTTU HOUSE
SACHERIPETE POST
KARKALA TQ, UDUPI DISTRICT
PRESENTLY R/A HENRY COMPOUND
NEAR KULASHEKARA, MANGALORE TQ
...APPELLANT
(BY SRI. GURUPRASAD B R., ADVOCATE)
AND:
1. THE ORIENTAL INSURANCE CO. LTD.,
KRISHNAPRASAD BUILDING
Digitally signed
MAIN ROAD, PUTTUR D K - 574 201
by SUMITHRA R REPRSENTED BY ITS MANAGER.
Location: HIGH
COURT OF
KARNATAKA
2. SMT N. NAMRATHA PRABHU
W/O H N PRABHU
AGED ABOUT 48 YEARS
HOTEL VRANDAVAN
DHARMASTHALA
BELTHANGADY TALUK- 574 214, D K.
...RESPONDENTS
(BY SRI. T.K. VEDAMURTHY, ADVOCATE FOR R1)
-2-
NC: 2024:KHC:24064
MFA No. 1064 of 2014
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 26.09.2013
PASSED IN MVC NO.5/2011 ON THE FILE OF THE II
ADDITIONAL DISTRICT JUDGE, MEMBER, MACT-III, D.K.,
MANGALORE, 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 is filed under Section-173(1) of the Motor
Vehicles Act, 1988, (hereinafter referred to as 'MV Act' for
brevity) by the appellant-claimant challenging the judgment
and award dated 26.09.2013, passed in MVC No.5/2011, on the
file of II Additional District Judge, Member, MACT-III, D.K.,
Mangalore, (hereinafter referred to as 'the Tribunal' for brevity)
seeking enhancement of compensation.
Brief facts:
2. That on 29.05.2010 the petitioner along with others
were proceeding from Dharmastala towards Tumkur in a Qualis
car bearing registration No.KA-20-C-9997. The driver of the
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said car was driving the same in high-speed and in a rash and
negligent manner. When the car reached near B.M.Bypass
road at Hassan at about 11.50 p.m. the driver of the car
dashed the same to the lorry bearing registration
No.KA-05-D-8664 which was parked on the extreme side of the
road. Due to the impact the inmates of the car have sustained
grievous injuries.
3. Hence, a claim petition was filed by the appellant
under Section-166 of the M.V. Act, claiming compensation for
the injuries sustained in the accident. Claimant was aged 29
years and was working as lineman at MESCOM at Dharmastala
and was earning Rs.10,000/- per month. The Tribunal on
appreciating the materials on record, allowed the petition in
part, and awarded a compensation of Rs.1,88,300/- along with
interest at 6% per annum from the date of petition till its
realisation. The Tribunal held respondent Nos.1 and 2 therein,
jointly and severally liable to pay the compensation.
4. Heard arguments of the learned counsel for the
appellant and perused the materials on record.
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5. The learned counsel for the appellant submitted
that the quantum of compensation awarded under various
heads is on lesser side. Therefore, seeks for enhancement of
the compensation.
6. The compensation awarded by the Tribunal is as
follows:
Pain And Suffering : Rs. 60,000/-
Hospitalisation, attendants charges, : Rs. 25,000/-
conveyance and other incidental
expenses
Medical expenses : Rs. 93,300/-
Loss of amenities and enjoyment of : Rs. 10,000/-
life
TOTAL : Rs. 1,88,300/-
7. From the medical records, it is proved that claimant
sustained following injuries:
1. Bilateral black eye
2. Lacerated wound over left upper eyelid
3. Lacerated wound over left lower hip
4. Lacerated wound muscle deep over back of right
wrist.
5. Fracture of shafts of both radius and ulna of right
forearm at lower one third.
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6. Dislocation of left hip joint.
7. CT scan of head:
a) Fracture of left frontal bone
b) Fracture of left orbit
c) Fracture of nasal bone
d) Fracture of maxilla on both sides
e) Fracture of pterygoid plates on both sides.
8. The claimant is a lineman working under MESCOM. It
is the evidence that vision of the claimant has impaired to the
extent of 40% also claimant submitted suffered several
fractural injuries as stated above. The claimant continued the
same job though he sustained injuries and his right eye is
impaired. Therefore there is no possibility as regards loss of
earning capacity, as claimant continued the same job in the
same capacity and getting same salary. Loss of amenities is
found to be lesser side. Claimant suffered 40% disability apart
from suffering several fractural injuries. Therefore
compensation of Rs.75,000/- is awarded towards loss of
amenities. Considering the disability suffered compensation
awarded towards pain and suffering is just compensation.
9. The Tribunal has awarded a sum of Rs.25,000/-
towards 'Incidental Expenses'. Considering the fact that the
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appellant was admitted in the hospital as inpatient for eleven
days, therefore, he must have spent considerable amount
towards transportation, conveyance, food, nourishment,
physiotherapy etc. Therefore, a sum of Rs.50,000/- is
awarded towards 'Incidental Expenses'.
10. The claimant was constrained to take bed rest for
four months without going to work. Therefore claimant was
constrained to apply earned leave and thus applying earned
leave making the claimant deprived of getting encashment of
earned leave. Medical records prove that the claimant was
inpatient for 11 days and constrained to take bed rest for four
months. Therefore claimant would have suffered loss of
income for the laid up period. Claimant being lineman working
in MESCOM was earning Rs.10,936/- per month. For calculating
earned leave the monthly salary is divided by 30 days then it
comes to Rs.333/- and for four months i.e., 120 days it comes
to Rs.39,960/-.
11. The Tribunal has erred in not awarding any
compensation towards 'Future Medical Expenses'. PW-2 Doctor
has deposed that the appellant has to undergo one more
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surgery in future for removal of implants, which would cost
about Rs.40,000/-. Therefore a sum of Rs.30,000/- is
awarded towards future medical expenses.
12. The claimant is a Bachelor and certainly his marriage
prospects are hampered. Therefore a sum of Rs.1,00,000/- is
awarded towards `loss of marriage prospects'.
13. The Tribunal has awarded a sum of Rs.93,300/-
towards 'Medical Expenses', which is as per the medical bills
and receipts produced and hence kept in tact.
14. Hence, the appellant is entitled for a total enhanced
compensation with 6% p.a. interest, under various heads as
follows:
Description Amount
1. Pain and Suffering Rs.60,000/-
2. Hospitalisation, attendants Rs.50,000/-
charges, conveyance and
other incidental expenses
3. Medical Expenses Rs.93,300/-
4. Loss of amenities and Rs.75,000/-
enjoyment of life
5. Loss of income during laid Rs.39,960/-
up period (EL) Rs.10,000/12
=333x120
6. Loss of marriage Rs.1,00,000/-
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prospects
7. Future medical expenses Rs. 30,000/-
Total Rs.4,48,260/-
Less: Awarded by the Rs.1,88,300/-
Tribunal
Enhanced compensation Rs.2,59,960/-
15. Therefore, the appellant is awarded a total
compensation of Rs.4,48,260/- as against the compensation
awarded by the Tribunal at Rs.1,88,300/-. Hence, the appellant
is entitled for an additional compensation of Rs.2,59,960/-
(Rs.4,48,260 - Rs.1,88,300), along with interest at 6% per
annum from the date of filing of the petition till deposit.
16. Accordingly, I pass the following:
ORDER
i. The appeal is allowed in part.
ii. The impugned judgment and award dated
26.09.2013, passed in MVC No.5/2011, on the file
of Motor Accident Claims Tribunal-III and II
Additional District Judge, D.K., Mangaluru, is
modified to an extent that the appellant - claimant
is entitled for an additional compensation of
Rs.2,59,960/- (Rupees Two Lakhs
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Fifty Nine Thousand Nine Hundred Sixty Only),
along with interest at 6% per annum from the date
of filing of the petition till deposit in addition to
what has been awarded by the Tribunal.
iii. The amount in deposit shall be transferred to the
Tribunal forthwith.
iv. Registry is directed to return the Trial Court
Records to the Tribunal, along with certified copy of
the order passed by this Court forthwith without
any delay.
v. Draw award accordingly.
Sd/-
JUDGE
SBN
