Karnataka High Court

Sri Nagesh K L vs United India Insurance Co Ltd on 5 March, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

                                                  -1-
                                                               NC: 2024:KHC:9247
                                                           MFA No. 8112 of 2014




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 5TH DAY OF MARCH, 2024

                                               BEFORE
                              THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                      MISCELLANEOUS FIRST APPEAL NO. 8112 OF 2014 (MV)
                      BETWEEN:

                      SRI NAGESH.K.L.
                      S/O LINGEGOWDA @ THIMMEGOWDA,
                      @ BOREGOWDA,
                      AGED ABOUT 44 YEARS,
                      R/AT NO.9/A, KEMPEGOWDANADODDI,
                      HONNAGANAHALLI POST,
                      SATHANUR HOBLI, KANAKAPURA TQ.,
                      BENGALURU RURAL DISTRICT.
                                                                    ...APPELLANT
                      (BY SRI. SHRIPAD.V.SHASTRI., ADVOCATE)

                      AND:

                      1.    UNITED INDIA INSURANCE CO. LTD.,
                            MOTOR DEALERS DIVISION,
                            6TH FLOOR, KRISHI BHAVAN,
                            NRUPATHUNGA ROAD,
Digitally signed by
THEJASKUMAR N               HUDSON CIRCLE, BANGLAORE-01.
Location: HIGH              BY ITS MANAGER.
COURT OF
KARNATAKA
                      2.    SRI. A.N.MANJU
                            S/O A.NAGARAJA,
                            NO.250, MANJUNATHANAGARA,
                            1ST MAIN, 10TH CROSS,
                            NAGASANDRA POST,
                            BENGALURU-560 073.
                                                                ...RESPONDENTS
                             (BY SRI. RAKESH.M.T., ADVOCATE FOR
                             SRI. M.V.CHANDRASHEKARAREDDY., ADVOCATE FOR R1;
                            NOTICE TO R2-DISPENSED WITH V/O DATED: 31.01.2015)
                                   -2-
                                                  NC: 2024:KHC:9247
                                            MFA No. 8112 of 2014




     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:13.08.2014
PASSED IN MVC NO.6820/2012 ON THE FILE OF THE II
ADDITIONAL SMALL CAUSES JUDGE, & XXVIII ACMM, MACT,
BENGALURU.

     THIS MISCELLANEOUS FIRST APPEAL IS COMING ON
FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
                              JUDGMENT

Sri.Shripad V.Shastri., learned counsel for the appellant

and Sri.Rakesh.M.T., learned counsel on behalf of

Sri.M.V.Chandrashekara Reddy., for respondent No.1 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 4th day of

November 2012 at about 8:45 p.m., he was driving car bearing

No.KA-09-N-5187 on NH209, Sathanur-Kanakapura Main Road,

near Uppakeredoddi, at that time, the driver of a car bearing

No.KA-02-AC-7165 came from opposite direction in a rash and

NC: 2024:KHC:9247

negligent manner and hit the claimant's car. Due to the impact,

the claimant and one prakash sustained grievous injuries.

Contending that the accident occurred due to the rash and

negligent driving of the car bearing No.KA-02-AC-7165

claimant filed claim petition seeking compensation.

In response to the notice, the second respondent did not

appear and he placed ex-parte. The first respondent appeared

through their counsel and filed written statement and denied

the petition averments. Among other grounds they prayed for

dismissal of the petition.

Based on the above pleadings, the Tribunal framed

issues, parties led evidence and marked the documents. The

Tribunal vide Judgment dated:13.08.2014 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.

4. Learned counsel for the appellant submits that the

Judgment of the Tribunal is contrary to the evidence on record

and law.

NC: 2024:KHC:9247

Next, he submits that the Tribunal has erred in awarding

a sum of Rs.40,000/- (Rupees Forty Thousand only) towards

Injury pain and sufferings.

A further submission is made that the Tribunal has erred

in awarding meagre amount under other heads.

Lastly, he submits that viewed from any angle, the award

of meagre compensation is untenable. Therefore, he submits

that the award of the Tribunal requires interference and

accordingly, prayed to allow the appeal.

Learned counsel for the Insurance Company justified the

Judgment of the Tribunal. He 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.

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

NC: 2024:KHC:9247

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 driver of the car bearing Reg. No.KA-02-AC-

7165.

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.60,000/- (Rupees Sixty Thousand only) towards Injury pain

and sufferings as against Rs.40,000/- (Rupees Forty Thousand

only) awarded by the Tribunal.

The amount of Rs.38,532/- (Rupees Thirty Eight

Thousand Five Hundred and Thirty Two only) towards Medical

expenses awarded by the Tribunal remains intact.

This Court deems it appropriate to award Rs.40,000/-

(Rupees Forty Thousand only) as against Rs.20,000/- (Rupees

Twenty Thousand only) towards Loss of amenities; Rs.11,468/-

(Rupees Eleven Thousand Four Hundred and Sixty Eight only)

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towards Conveyance, nourishment, food and attendant charges

as against Rs.5,000/- (Rupees Five Thousand only) and

Rs.20,000/- (Rupees Twenty Thousand only) towards Future

medical expenses as against Rs.15,000/- (Rupees Fifteen

Thousand only) awarded by the Tribunal

7. Accordingly, this Court re-determines the

compensation as under:-

1. Injury pain and 40,000 + 20,000 Rs.60,000/-

Sufferings

2. Medical expenses 38,532 Rs.38,532/-

3. Loss of amenities 20,000 + 20,000 Rs.40,000/-

4. Conveyance, 5,000 + 6,468 Rs.11,468/- nourishment, food and attendant charges

5. Future medical 15,000 + 5,000 Rs.20,000/-

   expenses
                                            Total:     Rs.1,70,000/-

     (Less) Compensation awarded by the               -Rs.1,18,532/-
                                         Tribunal:
      Enhanced compensation awarded by                   Rs.51,468/-
                                        this Court:

Having regard to the facts and circumstances of the case

and the prevailing rate of interest during the relevant time, this

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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: