Karnataka High Court
Sri. Prakash Shetty vs Sri. Ramakrishna Achari on 6 March, 2024
-1-
NC: 2024:KHC:9403
MFA No. 9483 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. 9483 OF 2017
(MV-I)
BETWEEN:
SRI. PRAKASH SHETTY
S/O SHIVARAM SHETTY,
R/O "SRI GANESH"
NEAR OLD PANCHAYATH BUILDING,
VANDSE VILLAGE, KUNDAPURA TALUK,
UDUPI DISTRICT - 576201
...APPELLANT
(BY SRI. K PRASANNA SHETTY.,ADVOCATE)
AND:
1. SRI. RAMAKRISHNA ACHARI
S/O SADIYA ACHARI
Digitally R/O H.NO.192,"SADA KAVERI"
signed by NEAR BOBBARYANAKATTE
SUVARNA T VADERHOBALI VILLAGE,
Location: KUNDAPURA TALUK,
HIGH UDUPI DISTRICT - 576201
COURT OF
KARNATAKA 2. UNITED INDIA INSURANCE CO.,LTD.
REP.BY ITS BRANCH MANAGER
BRANCH OFFICE, KUNDAPURA - 570111
...RESPONDENTS
(BY SRI. RAVISH BENNI.,ADVOCATE FOR R2;
V/O DTD: 20.11.2023 NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 22/04/2017, PASSED IN MVC
NO.624/2015, ON THE FILE OF THE SENIOR CIVIL JUDGE AND
-2-
NC: 2024:KHC:9403
MFA No. 9483 of 2017
MEMBER, ADDITIONAL MACT, KUNDAPURA, 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:
JUDGMENT
The present appeal is filed aggrieved by the award
passed in MVC.No.624/2015 dated 22.04.2017 by the
MACT, Kundapura seeking enhancement of the
compensation.
2. The claim petition is filed seeking compensation of
an amount of Rs.6,05,000/- for the injuries sustained by
the claimant in the accident that occurred on 21.03.2015.
It is the case of the claimant that on 21.03.2015 at about
1.30 p.m. the claimant was going on his motor cycle. At
that time, a bolero jeep belonging to the respondent No.1
driven by its driver in a rash and negligent manner, came
from the opposite direction and dashed to the motor cycle.
Due to said impact, he fell down and sustained grievous
injuries. As per the wound certificate issued by Chinmayi
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Hospital, Kundapura, the claimant sustained three injuries,
one is grievous in nature as under:
1. Left leg deformed/painful crepetation mid 1/3
2. Laceration 4x2 cm exposing the fracture, bleeding
3. X-ray fracture both bone.
According to the doctor, the claimant has sustained 16%
disability to the limb. The court below had granted a global
compensation of an amount of Rs.1,00,000/- towards
disability. The court below had granted the compensation
as per the table given below:
Heads Compensation
Awarded
1. Pain and Sufferings : Rs. 35,000/-
2. Medical Expenses, food : Rs. 58,580/-
and nourishment,
attendant & conveyance
charges
Loss of earning during
3. : Rs. 30,000/-
the laid up period
4. Disability : Rs. 1,00,000/-
5. Loss of amenities : Rs. 20,000/-
6. Future medical expenses : Rs. 12,000/-
TOTAL : Rs. 2,55,580/-
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3. Learned counsel for the claimant submits that the
court should have assessed the disability by applying the
multiplier but granted the global compensation of an
amount of Rs.1,00,000/-. He submits that under other
heads also, the compensation awarded by the tribunal is
not just and reasonable.
4. Learned counsel for the Respondent-Insurance
Company submits that basing on the evidence, the court
below had awarded the just and reasonable compensation
and no grounds are made out for enhancement of the
compensation.
5. Having heard the learned counsel on the either
side, perused the entire material on record. In this case,
the claimant had sustained one grievous injury and two
simple injures. Under the head of pain and suffering, he
is entitled for an amount of Rs.40,000/-. He was in
hospital for six days. The court below under the head of
medical expenses, attendant nourishment and
transport charges had granted an amount of
NC: 2024:KHC:9403
Rs.58,580/- and no interference is called for from this
Court. Coming to the loss of income during the laid up
period also an amount of Rs.30,000/- is granted which
is also a reasonable amount. Then coming to the loss of
future income, this court as per the chart prepared by
the Karnataka State Legal Services Authority, Rs.9,000/-
is taken as income and an amount of Rs.1,03,615/-
(Rs.9,000/- x 12 x 18 x 5.33) is granted. Towards of loss
of amenities, the court below had granted an amount of
Rs.20,000/- and no interference is called for. Under the
head of future medical expenses, this court is granting
an amount of Rs.15,000/-.
6. 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.
7. The claimant is therefore, entitled to the
compensation under the following heads:
(2014) 11 SCC 178
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Heads Compensation Compensation
Awarded by Awarded by
Tribunal this Court
1. Pain and Sufferings : Rs. 35,000/- 40,000/-
2. Medical Expenses, : Rs. 58,580/- 58,580/-
food and
nourishment,
attendant &
conveyance charges
3. Loss of earning during : Rs. 30,000/-
30,000/-
the laid up period
4. Disability : Rs. 1,00,000/- 1,03,615/-
5. Loss of amenities : Rs. 20,000/- 20,000/-
6. Future medical : Rs. 15,000/-
12,000/-
expenses
Legal Expenses 10,000/-
7. : Rs. 00/-
TOTAL : Rs. 2,55,580/- 2,77,195/-
Enhancement : Rs. 21,615/-
8. Accordingly, the appeal filed by the claimant is
partly allowed, enhancing the compensation amount
from Rs.2,55,580/- to Rs.2,77,195/-.
ORDER
i) The Appeal is partly allowed enhancing the
compensation amount from Rs.2,55,580/- to
Rs.2,77,195/-. The enhanced amount is
Rs.21,615/-.
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ii) The enhanced amount shall carry interest at
6% per annum from the date of petition till the
date of realization.
iii) 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.
iv) This court by an order dated 06.03.2024 the
claimant is not entitled for interest for 127 days
delay. Hence, the claimant is entitled for
interest during delay period of 127 days.
v) 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.
vi) No costs.
Pending miscellaneous petitions, if any, shall stand
closed.
SD/-
JUDGE
TS
