Karnataka High Court
Radha vs Umesh K S on 1 March, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:8763
MFA No. 5258 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.5258 OF 2016(MV-I)
BETWEEN:
RADHA W/O SWAMYGOWDA,
AGED ABOUT 28 YEARS,
RESIDING AT: ILLENAHALLI VILLAGE,
CHINAKURALI HOBLI, PANDAVAPURA TALUK,
MANDYA DISTRICT-571 434.
...APPELLANT
(BY SRI. GURUDEV PRASAD.K.T., ADVOCATE)
AND:
1. UMESH.K.S.
S/O SWAMYGOWDA,
MAJOR, R/A KADABA VILLAGE,
CHINAKURALI HOBLI,
PANDAVAPURA TALUK,
MANDYA DISTRICT-571 434.
Digitally signed by
THEJASKUMAR N 2. BHARATHI AXA GENERAL INSURANCE CO.LTD.,
Location: HIGH NO.32951/A D 29/1, 1ST FLOOR,
COURT OF
KARNATAKA TEMPLE ROAD, KALIDASA CIRCLE,
V.V.MOHALLA, MYSORE-570 002.
BY ITS MANAGER.
...RESPONDENTS
(BY SMT. V.VETRI LAXSHMI., ADVOCATE FOR
SRI. VASANTHAPPA., ADVOCATE FOR R1;
SRI. ANUP SEETHARAM., ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:07.04.2015
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NC: 2024:KHC:8763
MFA No. 5258 of 2016
PASSED IN MVC NO.1472/2012 ON THE FILE OF THE SENIOR
CIVIL JUDGE, JMFC, PANDAVAPURA.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Smt.V.Vetri Laxshmi., learned counsel on behalf of
Sri.Vasanthappa., for respondent No.1 and Sri.Anup
Seetharam., learned counsel for respondent No.2 have
appeared in person.
Though the appeal is listed today for admission, with the
consent of learned counsel for the respective parties, it is heard
finally.
2. For the sake of convenience, the parties shall be
referred to as per their status and rankings before the Tribunal.
3. It is the case of the claimant that on the 20th day of
February 2012 at about 4:00 p.m., when the claimant was
traveling as pillion rider in a Hero Honda Passion Plus bearing
Registration No.KA-11-S-9602 rode by her friend by name
Suresha from Illenhally towards Kodagahalli in Chinakurali -
Melukote road near Ideal International Public School at Sanaba
Extension, a Goods Auto bearing Registration No.KA-11-A-2427
came in a rash and negligent manner and hit claimant's bike.
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Due to the impact, the claimant fell down and sustained
grievous injuries to head, leg and other parts of the body.
Immediately she was treated at Government Hospital,
Pandavapura, after getting first aid she was shifted to Vikram
Jeev Hospital, Mysore and thereafter took treatment as an in-
patient in K.R Hospital, Mysore, in total she took treatment as
in-patient for twenty days. Contending that the accident
occurred due to rash and negligent driving of the Goods Auto,
the claimant filed claim petition seeking compensation.
In response to the notice, respondents appeared through
their counsel. The first respondent did not file written
statement. The second respondent filed written statement and
denied the petition averments. It admitted that the offending
vehicle was insured with it and liability was subject to the terms
and conditions of the policy. Among other grounds it prayed for
dismissal of the petition.
Based on the above pleadings, the Tribunal framed
issues. The parties led evidence and marked the documents.
The Tribunal vide judgment dated:07.04.2015 partly allowed
the claim petition. It is this Judgment that is called into
question in this appeal on several grounds as set-out in the
Memorandum of appeal.
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Learned counsel for the respective parties urged several
contentions. Heard, the contentions urged on behalf of
respective parties and perused the appeal papers and also the
records with utmost care.
4. The point that would arise for consideration is
whether the Claimant is entitled for enhanced compensation?
5. The facts are sufficiently stated and do not require
reiteration. The Claimant's appeal is one for enhancement of
compensation and modification of the judgment. The grounds
urged in the present appeal are mainly relating to the meager
compensation awarded under different heads by the Tribunal.
The Claimant has suffered pain and agony owing to the injuries
sustained in the accident in question. Hence, this Court deems
it appropriate to award Rs.15,210/- (Rupees Fifteen Thousand
Two Hundred and Ten only) towards Food, diet, nourishment as
against Rs.10,000/- (Rupees Ten Thousand only).
The amount of Rs.30,000/- (Rupees Thirty Thousand
only) towards pain, shock and agony and Rs.20,790/- (Rupees
Twenty Thousand Seven Hundred and Ninety only) towards
Medical expenses awarded by the Tribunal remains intact.
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Similarly, this Court deems it appropriate to award
Rs.14,000/- (Rupees Fourteen Thousand only) towards loss of
income during laid up period as against Rs.10,000/- (Rupees
Ten Thousand only) and Rs.20,000/- (Rupees Twenty Thousand
only) towards disappointment and discomfort and loss of
amenities as against Rs.15,000/- (Rupees Fifteen Thousand
only) awarded by the Tribunal.
6. Accordingly, this Court re-determines the
compensation as under:-
1. Pain and Sufferings 30,000/- Rs.30,000/-
2. Medical Expenses 20,790/- Rs.20,790/-
3. Food, diet,
nourishment,
10,000/- + 5,210/- Rs.15,210/-
conveyance and other
incidental expenses.
4. Loss of income during
7,000 X 2 Rs.14,000/-
laid up period.
5. Disappointment and 15,000 + 5,000/- Rs.20,000/-
discomfort and loss of
amenities.
Total: Rs.1,00,000/-
(Less) Compensation awarded by the (-) Rs.85,790/-
Tribunal:
Enhanced compensation awarded by this Rs.14,210/-
Court:
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Having regard to the facts and circumstances of the case
and the prevailing rate of interest during the relevant time, this
Court deems it appropriate to award interest at the rate of 6%
per annum on the enhanced compensation amount from the
date of claim petition till realization.
7. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed in part and the Judgment dated:
07.04.2015 passed by the Court of Senior Civil
Judge & JMFC, Pandavapura in M.V.C
No.1472/2012 is modified to the extent stated
hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.14,210/- (Rupees Fourteen
Thousand Two Hundred and Ten only) with interest
at the rate of 6% per annum from the date of the
claim petition till the date of realization.
3. The second respondent - Insurance
Company shall deposit the enhanced compensation
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amount along with 6% interest within a period of
two months from the date of receipt of the certified
copy of this Judgment.
4. The Registry to draw the modified award
accordingly.
5. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
TKN
