Karnataka High Court
Mr. A.V.L.N Raju vs Mr. R.Rakesh L on 1 March, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:8767
MFA No. 3150 of 2014
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. 3150 OF 2014 (MV)
BETWEEN:
MR. A.V.L.N RAJU
S/O A.S.N. RAJU,
AGED ABOUT 53 YEARS,
R/AT NO.179/3, GMR LAYOUT,
1ST MAIN, 2ND CROSS,
GEDDALAHALLI,
SANJAYNAGAR,
BANGALORE-560 094.
...APPELLANT
(BY SRI. M.R.KUMARASWAMY., ADVOCATE)
AND:
1. MR. R.RAKESH.L
S/O LATE R.LOKESH,
NO.52, 1ST CROSS,
Digitally signed by 1ST MAIN, HEBBAL,
THEJASKUMAR N BANGALORE-560 024.
Location: HIGH
COURT OF
KARNATAKA 2. TATA AIG GENERAL INSURANCE
COMPANY LIMITED,
2ND FLOOR, J.P. & ARCADE,
NO.69, MILLERS ROAD,
BANGALORE-560 052.
...RESPONDENTS
(NOTICE TO R1 - DISPENSED WITH V/O DATED: 23.06.2016;
BY SRI. O.MAHESH., ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
-2-
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MFA No. 3150 of 2014
AGAINST THE JUDGMENT AND AWARD DATED: 18.11.2013
PASSED IN MVC NO.7038/2012 ON THE FILE OF THE VIII
ADDITIONAL SMALL CAUSES JUDGE AND THE MOTOR
ACCIDENT CLAIMS TRIBUNAL (SCCH-5) AT BENGALURU.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.O.Mahesh., learned counsel for respondent No.2 has
appeared through video conferencing.
Though the appeal is listed today for admission, with the
consent of learned counsel, 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 12th day of
September 2012 at about 11:40 a.m., he was riding his scooter
bearing registration No.KA-04-EN-7659, on Ananda Nagara
Cross, Hebbal Main Road, Bangalore. A motor cycle bearing
registration No.KA-04-HG-5443, owned by the first respondent,
insured with second respondent came in a rash and negligent
manner and hit the scooter of the claimant. Due to the impact
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the claimant fell down and sustained injuries. He was taken to
Baptist Hospital, wherein he was in-patient for four days. He
was diagnosed for closed comminuted displaced fracture distal
third shaft of right femur. Contending that the accident
occurred due to the rash and negligent driving of the motor
cycle, the claimant filed claim petition seeking compensation.
In response to the notice, first respondent appeared
through their counsel and filed written statement. The second
respondent insurer admitted the issuance of the policy in favor
of the first respondent in respect of the offending motor cycle
and contended that its liability is subject to the terms and
conditions of the policy. Among other grounds they 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: 18.11.2013 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 Miscellaneous First Appeal.
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4. Learned counsel for the respective parties urged
several contentions. Heard, the contentions urged on behalf of
the respective parties and perused the appeal papers and also
the records with utmost care.
5. The point that would arise for consideration is
whether the Claimant is entitled for enhanced compensation?
6. 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 Tribunal
taking note of the material evidence on record concluded that
the Claimant sustained injuries due to the actionable negligence
on the part of the rider of the motorcycle bearing Reg.No.KA-
04-HG-5443.
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.50,000/- (Rupees Fifty Thousand only) towards pain and
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sufferings as against Rs.40,000/- (Rupees Forty Thousand only)
awarded by the Tribunal.
The amount of Rs.1,08,000/- (Rupees One Lakh Eight
Thousand only) towards Medical expenses and Rs.25,000/-
(Rupees Twenty Five Thousand only) each towards Permanent
disability and towards loss of amenities remains intact.
Similarly, this Court deems it appropriate to award
Rs.45,000/- (Rupees Forty Five Thousand only) towards food,
diet, nourishment, transportation charges, attendant charges,
conveyance, etc., as against Rs.40,000/- (Rupees Forty
Thousand only) and Rs.21,000/- (Rupees Twenty One
Thousand only) towards Loss of income during laid up period as
against Rs.5,000/- (Rupees Five Thousand only).
The Tribunal has awarded a sum of Rs.20,000/- (Rupees
Twenty Thousand only) towards loss of longevity, discomfort,
disappointment, unhappiness, frustration, joyless life and
sorrow etc., In my opinion, the Tribunal could not have
awarded compensation under the head of loss of longevity,
discomfort, disappointment, unhappiness, frustration, joyless
life and sorrow etc., Therefore, the same is to be deducted.
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7. Accordingly, this Court re-determines the
compensation as under:-
1. Pain and Sufferings 40,000 + 10,000 Rs.50,000/-
2. Medical Expenses 1,08,000 Rs.1,08,000/-
3. Food, diet, 40,000 + 5,000 Rs.45,000/-
nourishment,
transportation charges,
Attendant Charges,
conveyance.
4. Loss of income during 7,000 X 3 Rs.21,000/-
laid up period
5. Permanent Disability + 25,000 + 25,000 Rs.50,000/-
Loss of Amenities
Total: Rs.2,74,000/-
(Less) Compensation awarded by the -Rs.2,43,000/-
Tribunal: (2,63,000 - 20,000)
Enhanced compensation awarded by this Rs.31,000 /-
Court:
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.
8. Hence, the following:
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ORDER
1. The Miscellaneous First appeal is
allowed in part and the Judgment dated:
18.11.2013 passed by the Court of VIII Addl.
Small Causes Judge and MACT (SCCH-5),
Bengaluru in M.V.C No.7038/2012 is modified to
the extent stated hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.31,000/- (Rupees Thirty One
Thousand 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
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.
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5. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
TKN
