Karnataka High Court
Sri. Shivachandra P vs Sri. Manoharan.B on 4 March, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:9227
MFA No. 4107 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.4107 OF 2015(MV-I)
BETWEEN:
SRI. SHIVACHANDRA P
S/O PUTTAIAH,
AGED ABOUT 40 YEARS,
R/AT BACHANAHALLI VILLAGE,
MALAVALLI TALUK,
MANDYA DISTRICT.
...APPELLANT
(BY SRI. SUGUNA.R.REDDY., ADVOCATE)
AND:
1. SRI. MANOHARAN.B
S/O BALASUBRAMANIAN.V
MAJOR IN AGE,
R/AT NO.90, 13TH CROSS,
20TH MAIN, 2ND PHASE,
Digitally signed by J.P. NAGAR,
THEJASKUMAR N BANGALORE-78.
Location: HIGH
COURT OF
KARNATAKA 2. THE BRANCH MANAGER,
IFFCO TOKIO GENERAL
INSURANCE CO.LTD.,
BANGALORE.
...RESPONDENTS
( NOTICE TO R1-DISPENSED WITH V/O DATED: 12.06.2018;
BY SMT. MAMATHA., ADVOCATE FOR
SRI. E.I.SANMATHI., ADVOCATE ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
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MFA No. 4107 of 2015
AGAINST THE JUDGMENT AND AWARD DATED: 24.12.2014
PASSED IN MVC NO.1179/2013 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND MACT, AT MALAVALLI.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Smt.Suguna R.Reddy., learned counsel for the appellant
and Smt.Mamatha., learned counsel on behalf of
Sri.E.I.Sanmathi., for respondent No.2 have appeared through
video conferencing.
2. Though the appeal is listed today for admission,
with the consent of learned counsel for the respective parties, it
is heard finally.
3. For convenience sake, the parties shall be referred
to as per their status and rankings before the Tribunal.
4. It is the case of the claimant that on the 27th day of
December 2012, he visited Pandithahalli Villagers to collect
arrears of water rent, house tax, etc., in the morning and after
finishing his visit, he was going to Panchayath office from
Pandithahalil in his motorcycle bearing Registration No.KA-11-
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X-4710 and reached Pandithahalli Circle on Kollegala - Malavalli
and turned his vehicle towards Malavalli side. At that time, one
Maruthi Car bearing Registration No.KA-51-Z-2466 came in a
rash and negligent manner and hit his motorcycle. Due to the
impact, the claimant sustained grievous and multiple injuries to
his right leg, left parietal region, right fore arm, right heel and
all over the body. Immediately, he was shifted to General
Hospital, Malavalli and then to K.R.Hospital, Mysore. He took
treatment as an in-patient for about eight days. It is contended
that the claimant suffered fracture of right leg and he
underwent surgery, wherein necessary implants were fixed with
nail and screws and he was discharged with an advice to take
follow up treatment and to take bed rest for two months.
Contending that the accident occurred due to the rash and
negligent driving of the Maruti Car, the claimant filed claim
petition seeking compensation.
In response to the notice, respondents appeared through
their counsel and filed separate written statement. They denied
petition averments. Among other grounds they prayed for
dismissal of the petition.
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Based on the above pleadings, the Tribunal framed
issues. The parties led evidence and marked the documents.
The Tribunal vide Judgment dated:24.12.2014 allowed the
petition in part. It is this judgment that is called into question
in this appeal on several grounds as set-out in the
Memorandum of appeal.
5. Learned counsel for the appellant submits that the
Judgment and award of the Tribunal is contrary to the evidence
on record and law.
Next, she submits that the Tribunal has erred in awarding
a sum of Rs.35,000/- (Rupees Thirty Five Thousand only)
towards pain and suffering.
A further submission is made that the Tribunal has erred
in awarding meagre amount under different heads.
Lastly, she submits that the Tribunal has erred in
awarding a compensation of Rs.1,22,000/- (Rupees One Lakh
Twenty Two Thousand only) with interest at 6% per annum.
Therefore, she submits that the award of the Tribunal requires
interference and accordingly, prayed to allow the appeal.
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Learned counsel for the Insurance Company justified the
Judgment of the Tribunal. She submits that the appeal is
devoid of merits and the same may be dismissed.
Heard, the contentions urged on behalf of the respective
parties and perused the appeal papers and also the records
with utmost care.
6. The point that would arise for consideration is
whether the Claimant is entitled for enhanced compensation?
7. 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.50,000/- (Rupees Fifty Thousand
only) towards pain and sufferings as against Rs.35,000/-
(Rupees Thirty Five Thousand only) and Rs.10,000/- (Rupees
Ten Thousand only) towards future medical expenses as
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against Rs.5,000/- (Rupees Five Thousand only) awarded by
the Tribunal.
The amount of Rs.15,000/- (Rupees Fifteen Thousand
only) towards Medical expenses and Rs.56,700/- (Rupees Fifty
Six Thousand and Seven Hundred only) towards Permanent
disability remains intact.
It is noticed that the Tribunal has awarded Rs.10,000/-
(Rupees Ten Thousand only) globally under the head Loss of
Income, Loss of amenities and towards food and nourishment.
Therefore, this Court deems it appropriate to award
compensation towards Loss of Income, loss of amenities and
food and nourishment separately. Accordingly, this Court
awards Rs.1,26,000/- (Rupees One Lakh Twenty Six Thousand
only) [7,000 X 12 X 15 X 10/100] towards Loss of Income;
Rs.10,000/- (Rupees Ten Thousand only) towards loss of
amenities, Rs.10,000/- (Rupees Ten Thousand only) towards
food and nourishment.
It is also noticed that the Tribunal has not awarded
compensation under the head "Laid up period". Hence, this
Court deems it appropriate to award compensation of
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Rs.28,000/- (Rupees Twenty Eight Thousand only) towards
"Laid up period".
8. Accordingly, this Court re-determines the
compensation as under:-
1. Pain and Sufferings 35,000 + 15,000 Rs.50,000/-
2. Medical Expenses 15,000 Rs.15,000/-
3. Loss of Income 10,000 + 116,000 Rs.1,26,000/-
[7000 x 12 x 15 x
10/100]
4. Laid up period 7,000 X 4 Rs.28,000/-
5. Loss of Amenities 10,000 Rs.10,000/-
6. Food and Nourishment 10,000 Rs.10,000/-
7. Future Medical expenses 5,000 + 5,000 Rs.10,000/-
8. Permanent disability 56,700 Rs.56,700/-
Total: Rs.3,05,700/-
(Less) Compensation awarded by the -Rs.1,22,000/-
Tribunal:
Enhanced compensation awarded by this Rs.1,83,700/-
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%
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per annum on the enhanced compensation amount from the
date of claim petition till realization.
9. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed. The Judgment dated:24.12.2014 passed
by the Court of Senior Civil Judge and M.A.C.T., at
Malavalli in M.V.C No.1179/2013 is modified to the
extent stated hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.1,83,700/- (Rupees One Lakh
Eighty Three Thousand Seven Hundred 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.
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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
