Karnataka High Court
Mr. Santhosh vs Mr. Sadananda Kamath on 7 March, 2024
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NC: 2024:KHC:9607
MFA No. 6032 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO.6032 OF 2017(MV-I)
BETWEEN:
MR. SANTHOSH,
S/O NARAYANA,
AGED ABOUT 34 YEARS,
R/A N.J.NIVASA, BOLYA,
SHAKTHI NAGARA,
MANGALURU - 575 003.
...APPELLANT
(BY SRI. ASHOK KUMAR SHETTY K., ADVOCATE)
AND:
1. MR. SADANANDA KAMATH,
S/O NARAYANA KAMATH,
MAJOR,
R/A D NO.8-114/91,
SUN RISE APARTMENT NO.402,
OPP. NELYAPADAVU GOVT SCHOOL,
Digitally SHANTHINAGARA POST,
signed by
SUVARNA T MANGALURU - 575 003.
Location: 2. THE BRANCH MANAGER,
HIGH
COURT OF THE NATIONAL INSURANCE CO LTD,
KARNATAKA DIV NO.10, FLAT NO.101-106, N-1,
BMC HOUSE, CONNAUGHT PLACE,
NEW DELHI - 110 011.
3. THE DIVISIONAL MANAGER,
THE NATIONAL INSURANCE CO LTD,
BHARATH BUILDING, P.M.RAO ROAD
HAMPANAKATTA,
MANGALURU - 575 003.
...RESPONDENTS
(BY SRI. RAVISH BENNI, ADVOCATE FOR R2 AND R3
R1 SERVED, UNREPRESENTED)
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NC: 2024:KHC:9607
MFA No. 6032 of 2017
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 09.09.2016 PASSED IN MVC
NO.1683/2015 ON THE FILE OF THE MACT & II ADDITIONAL
SENIOR CIVIL JUDGE, MANGALURU, D.K. 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
This appeal is filed by the claimant aggrieved by the
Award passed in M.V.C.No.1683/2015, on the file of the II
Additional Senior Civil Judge, Mangaluru, Dakshina
Kannada, dated 09.09.2016, whereby the claimant is
before this Court seeking enhancement of the
compensation.
2. The claim petition was filed seeking
compensation of an amount of Rs.12,00,000/-, on account
of the injuries sustained by the claimant in the accident. It
is the case of the claimant that on 22.12.2014 at about
7.30 a.m., the claimant was proceeding on his motorbike
to attend his work, at the same time, one Maruthi Car
came from the opposite direction with high speed in a rash
and negligent manner and the driver has lost control over
the car and after coming from the wrong side dashed the
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claimant's motorbike. Due to the impact, claimant was
thrown out from his bike and sustained grievous injuries to
his head, right leg knee, right hand, right foot heel and
other injuries all over his body.
3. The Court below has considered that the
accident had taken place because of the rash and
negligent driving of the driver of the opposite vehicle.
When it comes to the compensation, the Court below has
considered the income of the claimant as Rs.6,000/-. As
per the evidence of the doctor the claimant had sustained
20% disability, the Court below had taken 7% disability
and granted the compensation as per the table given
below:
Heads Amount
1. Pain and sufferings Rs. 60,000/-
2. Medical expenses : Rs. 95,500/-
3. Attendant charges, food and : Rs. 13,000/-
extra nourishment, conveyance
charges
4. Loss of income during : Rs. 24,000/-
treatment period
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5. Loss of future income due to : Rs. 80,650/-
disability
6. Future medical expenses : Rs. 8,000/-
Total : Rs. 2,81,150/-
4. Learned counsel appearing for the claimant
submits that the Court below without considering the
evidence, had taken the income at Rs.6,000/- which is on
the lower side. It is submitted that the claimant was in the
hospital for 20 days and the amount was granted under
the head of attendant charges, food, extra nourishment
and conveyance charges is on the lower side. The Court
below had failed to grant loss of amenities. It is further
submitted the compensation amount awarded is not just
and reasonable.
5. Learned counsel appearing for the insurance
company submits that as there is no evidence on record
with regard to the income of the claimant, the Court below
had rightly taken the income at Rs.6,000/-, disability at
6% and rightly granted the compensation. No grounds are
made out seeking enhancement of the compensation.
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6. Having heard the learned counsels on either
side, perused the entire material on record. Considering
the injuries sustained by the claimant under the head of
pain and suffering, medical expenses, the Court below had
granted reasonable compensation. When it comes to
attendant charges, food, nourishment and conveyance, as
per the evidence on record, the claimant was in hospital
for 20 days and this Court is granting an amount of
Rs.20,000/-. Coming to the loss of income during the
treatment period, the Court below had considered the
income at Rs.6,000/-. Though there is no evidence with
regard to the income, this Court taking into consideration
the chart prepared by the Karnataka State Legal Services
Authority, as this is an accident of the year 2014, this
Court is taking Rs.8,500/- as income. Under the head of
loss of future income (8500X12X16X7/100) claimant is
entitled for an amount of Rs.1,14,240/-. Towards future
medical expenses, the Court below had reasonably
granted the amount. When it comes to the amenities, no
amount was granted. Considering the disability of 7%, this
Court is granting an amount of Rs.20,000/-.
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7. Further 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'.
8. The claimant is therefore, entitled to the
compensation under the following heads:
Compensation
Heads
Awarded
1. Loss of future income : Rs. 1,14,240/-
(8500X12X16X7/100)
2. Pain and sufferings : Rs. 60,000/-
3. Medical expenses : Rs. 95,500/-
4. Attendant charges, food and : Rs. 20,000/-
extra nourishment, conveyance
charges
5. Loss of income during the laid : Rs. 25,500/-
up period (8500X3)
6. Future medical expenses : Rs. 8,000/-
7. Legal expenses : Rs. 10,000/-
8. Loss of amenities : Rs. 20,000/-
Total : Rs. 3,53,240/-
(2014) 11 SCC 178
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9. Accordingly, the appeal is allowed-in-part,
enhancing the compensation from Rs.2,81,150/- to
Rs.3,53,240/-.
i) The enhanced amount shall carry interest
at 6% p.a. from the date of petition till the
date of realization.
ii) This Court by order dated 22.11.2023 has
condoned the delay of 221 days on the
condition that they will not be entitled for
the interest for the delay period. In view of
the same, the appellant is not entitled for
interest for a period of 221 days.
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.
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iv) 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.
v) No costs.
Pending miscellaneous petitions, if any, shall stand
closed.
SD/-
JUDGE
BN
