Karnataka High Court
G Somashekar vs G Harish on 5 March, 2024
-1-
NC: 2024:KHC:9205
MFA No. 9659 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 9659 OF 2018
(MV-I)
BETWEEN:
G SOMASHEKAR
S/O GOVINDAPPA
R/O AJJAPANAHALLI VILLAGE
HUTHUR HOBLI, KOLAR TALUK
...APPELLANT
(BY MS. SWATI G. HEGDE., ADVOCATE FOR;
SRI. PAVANA CHANDRA SHETTY H.,ADVOCATE)
AND:
1. G HARISH
S/O GURUMURTHAPPA
KURUBARAHALLI VILLAGE
MULBAGAL TALUK, KOLAR DISTRICT
Digitally
signed by
SUVARNA T 2. UNITED INDIA INSURANCE CO LTD
SUGUNA NURSING HOME COMPLEX
Location:
HIGH ANTHARAGANGE ROAD
COURT OF NEAR KSRTC BUS STAND
KARNATAKA KOLAR-563101
REP BY ITS BRANCH MANAGER
...RESPONDENTS
(BY SRI.Y.P. VENKATAPATHY.,ADVOCATE FOR R2;
V/O DTD. 28.11.2022 NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED28.02.2018 PASSED IN MVC
NO.153/2016 ON THE FILE OF THE MACT AND III ADDITIONAL
SENIOR CIVIL JUDGE, KOLAR, PARTLY ALLOWING THE CLAIM
-2-
NC: 2024:KHC:9205
MFA No. 9659 of 2018
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award dated 28.02.2018, passed in
MVC No.153/2016, by the MACT And III Additional Senior
Civil Judge, Kolar, the claimant is before this Court seeking
enhancement of the compensation.
2. It is the case of the claimant that on
09.04.2016, when the claimant was going to Vadagur gate
for his personal work in his bicycle, one two wheeler came
from opposite direction and dashed the petitioner and as a
result, he sustained injuries. As per the wound certificate
Exhibit-P5, the claimant had sustained the following
injuries:
(i) Soft tissue injury over right side of the skull,
(ii) Head Injury;
(iii) Right shoulder posterior dislocation;
NC: 2024:KHC:9205
(iv) Multiple and grievous injuries on all over the
body;
3. It is the case of the claimant that he had
sustained permanent disability but no Doctor was
examined. Considering all this the court below has granted
compensation as per the table below:
Heads Compensation
Awarded
1. Pain and Sufferings : Rs. 30,000/-
2. Incidental Expenses : Rs. 3,000/-
3. Medical Expenses : Rs. 6,268/-
4. Loss of income during treatment : Rs. 2,000/-
5. Loss of amenities, nourishment : Rs. 10,000/-
food, conveyance, and attendant
charges
TOTAL : Rs. 51,268/-
4. Learned counsel appearing for the appellant
submits that the claimant had suffered injuries to the head
and he had sustained disability but unfortunately they
could not examine the doctor but the discharge summary
was placed on record and the court below ought to have
granted reasonable compensation.
NC: 2024:KHC:9205
5. Learned counsel for the respondent - insurance
company submits that without examining the doctor and
without placing material before the court the claimant
cannot claim enhancement of the compensation. It is
submitted that no grounds are made out for enhancement.
Further the learned counsel submits that all the injuries
sustained by the claimant are simple in nature he has
drawn the attention of the Court to the evidence of the
claimant wherein it is stated the injuries are simple in
nature. He submits that the claimant is not entitled for
enhancement of the compensation.
6. Having heard the learned counsel on either
side, perused the material on record. As per the wound
certificate the injury suffered by the claimant is grievous in
nature. Considering the same, this Court is granting an
amount of Rs.40,000/- towards pain and sufferings.
Toward medical expenses the Court Below had granted
an amount of Rs.6,268/- basing on the evidence and no
NC: 2024:KHC:9205
interference is called for. Then towards transport,
nourishment and conveyance charges the claimant
was in hospital for six days and hence an amount of
Rs.6,000/- is granted, towards loss of income during
laid up period since this accident is of the year 2016
considering the chart prepared by the Karnataka State
Legal Services Authority, this Court is taking the income at
Rs.9,500/- p.m., and taking the laid up period as one
month an amount an amount of Rs.9,500/- is awarded
towards loss of income during laid up period, towards
loss of amenities, an amount of Rs.10,000/- is
granted.
7. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V.MEKALA vs. M.
MALATHI AND ANOTHER1, the claimant is entitled for an
amount of Rs.10,000/- towards Legal Expenses.
(2014) 11 SCC 178
NC: 2024:KHC:9205
8. The claimant is therefore, entitled to the
compensation under the following heads:
Description By Tribunal By this Court
Pain and Sufferings Rs. 30,000/- 40,000/-
Incidental Expenses Rs. 3,000/- 6,000/-
Medical Expenses Rs. 6,268/- 6,268/-
Loss of income during Rs. 2,000/- 9,500/-
treatment
Loss of amenities, Rs. 10,000/- 10,000/-
nourishment food,
conveyance, and
attendant charges
Legal Expenses Rs. 0 10,000/-
Total Rs. 51,268/- 81,768/-
Enhancement Rs.30,500/-
8. Accordingly, the appeal is partly allowed,
enhancing the compensation amount from Rs.51,268/- to
Rs.81,768/-.
i) The enhanced amount shall carry interest at 6%
p.a., from the date of petition till the date of
realization.
NC: 2024:KHC:9205
ii) The respondent - insurance company shall
deposit the amount within a period of eight
weeks from the date of receipt of copy of the
judgment. On such deposit, the claimant is
entitled to withdraw the entire amount without
furnishing any security.
iii) Registry is directed to return the Trial Court
Records to the Tribunal, along with certified
copy of the order passed by this Court forthwith
without any delay.
iv) No costs.
Pending miscellaneous petitions, if any, shall stand closed.
SD/-
JUDGE
JJ
