Karnataka High Court
Ms Pallavi K B vs Mr Balaso Mahadev Babar on 6 March, 2024
-1-
NC: 2024:KHC:9363
MFA No. 624 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 624 OF 2017 (MV-I)
BETWEEN:
MS. PALLAVI K.B,
D/O BASAVLINGAPPA,
R/A 27 YEARS, KOPPA VILLAGE,
KASABA HOBLI, TIPTUR TALUK - 572 201.
...APPELLANT
(BY SRI. RAMESH P. KULKARNI, ADVOCATE)
AND:
1. MR. BALASO MAHADEV BABAR,
AT MANEGAON LONVIRE POST,
SANGOLA TALUK, SOLAPUR DISTRICT - 577 550.
2. ROYAL SUNDARAM ALLIANCE,
INSURANCE CO. LTD., "SAKAR",
2ND FLOOR, ABOVE AXIS BANK,
Digitally CTS NO 18930, ADALATH ROAD,
signed by AURANGABAD - 431 001.
SUVARNA T ...RESPONDENTS
Location: (BY SRI. H.S. LINGARAJU, ADVOCATE FOR R2;
HIGH VIDE ORDER DATED 21.11.2023, NOTICE TO R1
COURT OF DISPENSED WITH)
KARNATAKA
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01.10.2016 PASSED IN MVC
NO.163/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
XIV MACT, TIPTUR, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
-2-
NC: 2024:KHC:9363
MFA No. 624 of 2017
JUDGMENT
Aggrieved by the award passed in
M.V.C.No.163/2013 dated 01.10.2016 by the Court of the
Senior Civil Judge & XIV Motor Accident Claims Tribunal at
Thipur, the claimant is before this Court seeking
enhancement of the compensation. The claim petition is
filed seeking compensation of an amount of
Rs.12,00,000/- for the injuries sustained by the claimant
in the accident.
2. It is the case of the claimant that on
18.03.2012, the claimant was going to her relative's house
and she was traveling in a Hero Honda Splendor along
with her fiancée. At that time, the Eicher Goods Carrier
bearing No.MH-45-0942, being driven by its driver came in
a rash and negligent manner and dashed against the said
motor bike and caused the accident. Due to the said
accident, the claimant sustained injuries and was in
hospital for a period of 35 days. Considering the same, the
Court below had granted compensation of an amount of
NC: 2024:KHC:9363
Rs.82,357/-, towards pain and sufferings an amount of
Rs.22,000/-, towards medical expense an amount of
40,357/- and towards food, nourishment and attendant
charges Rs.20,000/- were granted.
3. Learned counsel appearing for the claimant
submits that the Court below failed to appreciate the
evidence on record. It is submitted that the claimant had
sustained one grievous injury and granting an amount of
Rs.22,000/- under the head of pain and sufferings is on
the lower side. It is submitted that because of the injuries
sustained by her, she was in hospital for a period of 35
days. Under the head of food, nourishment and transport,
the Court below had only granted Rs.20,000/-. He further
submits that because of the injury sustained she was
hospitalized, operation was conducted and also rod was
inserted. But the Court has not granted the reasonable
compensation under all the heads. Because of the injuries
she has sustained disabilities. That aspect was also not
considered by the Court below.
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4. Learned counsel for the claimant submits that
though the medical bills amounts to Rs.74,500/-, but
without any discussion the Court below had granted an
amount of Rs.40,357/- towards medical expenses. It is
submitted that the compensation that was awarded by the
Tribunal was not just and reasonable.
5. Learned counsel appearing for the respondent-
Insurance Company submits that except marking the
wound certificate and medical bills, the claimant had failed
to examine the doctor. Learned counsel for the Insurance
Company do not dispute the fact that the medical bills
amounts to Rs. 74,500/-. Learned counsel submits that
the Court below had rightly granted compensation and no
grounds are made out seeking enhancement of the
compensation.
6. Having heard the learned counsel on either side,
perused the entire material on record. In this case, there
is no dispute about the fact that claimant had sustained
one grievous injury and three simple injuries. Considering
NC: 2024:KHC:9363
the grievous injury, for which she was operated thereafter,
the Court below had granted an amount of Rs.22,000/-
towards pain and sufferings which is on the lower side.
This Court is granting an amount of Rs.40,000/- under the
said head. The Court below has not granted any amount
under the head of loss of income during laid up period.
According to the claimant, she is working as a teacher,
there is no evidence on record with regard to the income.
Considering the chart prepared by the Karnataka Legal
Services Authority on notional income, as this accident is
of the year 2012, this Court is taking an amount of
Rs.7,000/- as notional income, for two months
Rs,14,000/-. As the claimant was in hospital for 35 days,
under the head of attendant, food and nourishment and
transport, this Court is granting an amount of Rs.35,000/-.
Considering the fact that the medical bills amounts to
Rs.74,500/- but the Court below had granted only
40,357/-. This Court is granting an amount of Rs.74,500/-
towards medical bills.
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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.
Altogether, the claimant is entitled for an amount of
Rs.1,73,452/-.
8. The claimant is therefore, entitled to the
compensation under the following heads:
Sl.No Compensation Head Amount Amount
Awarded by awarded by
the Tribunal this Court (`)
(`)
1 Pain and sufferings 22,000/- 40,000/-
2 Medical expenses 40,357/- 74,500/-
3 Loss of income during - 14000/-
laid up period
4 Food, Nourishment, 20,000/- 35,000/-
Attendant and
Transportation
5 Legal expenses - 10,000/-
Total 82,357 1,73,452/-
(2014) 11 SCC 178
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9. Accordingly, the appeal of the claimant is
allowed-in-part by enhancing the compensation from an
amount of Rs.82,357/- to Rs.1,73,452/- setting aside the
award passed in M.V.C.No.163/2013 dated 01.10.2016.
i. The enhanced amount shall carry interest at 6%
p.a. from the date of petition till the date of
realization.
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.
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Pending miscellaneous petitions, if any, shall
stand closed.
SD/-
JUDGE
JS
CT: BHK
