Karnataka High Court
Sri. Chidambar S vs Hdfc Ergo General Insurance Company ... on 28 June, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:24034
MFA No. 6818 of 2017
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. 6818 OF 2017 (MV-I)
BETWEEN:
SRI CHIDAMBAR S.
S/O.SRINIVAS
AGED ABOUT 27 YEARS
RESIDING AT NO.880
18TH MAIN ROAD, 5TH BLOCK
RAJAJINAGAR
BENGALURU-560 010
...APPELLANT
(BY SRI N.KUMAR, ADVOCATE)
AND:
1. HDFC ERGO GENERAL INSURANCE
COMPANY LIMITED
HM GENOVA HOUSE
UNIT NO.14, 108, 109, 110 & 111
I FLOOR, CUNNINGHAM ROAD
BENGALURU
Digitally signed
by SUMITHRA R 2. MR.C.S.SOMEGOWDA
Location: HIGH
COURT OF S/O.SWAMY GOWDA,
KARNATAKA R/AT NO.697, 1ST PHASE
DEVARAJA MOHALLA
VIJAYANAGAR 4TH STAGE
MYSURU
AND ALSO AT CHINAKURUALI
BOKANAKERE
PANDAVAPURA, MANDYA
...RESPONDENTS
(BY SRI D.VIJAYAKUMAR, ADVOCATE FOR R-1;
NOTICE TO R-2 IS DISPENSED V/O. DATED 31.05.2023)
-2-
NC: 2024:KHC:24034
MFA No. 6818 of 2017
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT PRAYING TO MODIFY THE
JUDGMENT AND AWARD DATED 16.03.2017 PASSED IN MVC
NO.4344/2015 BY XXI ADDITIONAL SMALL CAUSES JUDGE
AND XIX ACMM, MEMBER-MACT, BENGALURU.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The present appeal is filed by the appellant-claimant
challenging the judgment and award dated 16.03.2017
passed in MVC.No.4344/2015 by XXI Additional Small
Causes Judge and MACT, Bengaluru, seeking enhancement
of compensation.
2. The factum of accident is not in dispute.
3. Heard the arguments from both sides and perused
the records.
4. The Tribunal has awarded compensation under
various heads as follows:
Heads Amount in Rs.
Pain and suffering 40,000-00
Loss of future earning 1,20,960-00
Medical expenses 16,936-00
Conveyance, nourishment and 20,000-00
nutritious food
NC: 2024:KHC:24034
Loss of happiness, inconvenience, 20,000-00
disappointment
Loss of earning during laid up
period 10,000-00
TOTAL 2,27,896-00
5. From the medical evidence on record, it is seen
that the claimant sustained fracture of right elbow and he
underwent surgery with open reduction with internal
fixation of tension binding wire. The Doctor has assessed
physical permanent functional disability of 7% to the
whole body.
6. In view of the above, considering the nature of
injuries sustained by the claimant, it is just and proper to
award additional global compensation of Rs.25,000/-
along with interest at the rate of 6% per annum from the
date of petition till realisation, in addition to what has been
awarded by the Tribunal. Accordingly, I proceed to pass
the following:
ORDER
i) The appeal is allowed-in-part;
NC: 2024:KHC:24034
ii) The impugned judgment and award dated
16.03.2017 passed in MVC.No.4344/2015 by XXI
Additional Small Causes Judge and MACT,
Bengaluru, is hereby modified to the extent that
the appellant-claimant is entitled to additional
global compensation of Rs.25,000/- along with
interest at the rate of 6% per annum from the
date of petition till realisation, in addition to what
has been awarded by the Tribunal;
iii) No order as to costs;
iv) The entire amount shall be released in favour of
the appellant-claimant;
v) Draw award accordingly.
Sd/-
JUDGE
LB
