Karnataka High Court
Shruti D/O Krishna Naik vs Gangadhar Parameshwar Patgar on 29 May, 2024
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NC: 2024:KHC-D:7117
MFA No. 102909 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 29TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO. 102909 OF 2023 (MV-I)
BETWEEN:
SHRUTI D/O. KRISHNA NAIK,
AGED 28 YEARS, OCC: HOUSEHOLD WORK,
R/O. NEAR DHARESHWAR MATH, TQ: KUMTA,
NOW AT NEAR GANAPATI TEMPLE, KARWAR,
DIST: UTTARA KANNADA-581301.
...APPELLANT
(BY SRI. VISHWANATH HEGDE, ADVOCATE)
AND:
1. GANGADHAR PARAMESHWAR PATGAR,
OWNER OF M/C NO. KA-47/S-3746,
R/O. TALAGOD, URAKERI, TQ: KUMTA,
DIST: UTTARA KANNADA-581343.
2. THE DIVISIONAL MANAGER,
UNITED INSURANCE INDIA CO. LTD,
1ST FLOOR, RADHA GOVIND COMPLEX,
Digitally signed
by MANJANNA DIVISIONAL OFFICE, KAIKINI ROAD,
E
Location: HIGH
KARWAR, DIST: UTTARA KANNADA-581301.
COURT OF
KARNATAKA
...RESPONDENTS
(BY SRI. S. S. KOLIWAD, ADV. FOR R2;
NOTICE TO R1 SERVED)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 24.03.2023
PASSED IN MVC NO.330/2021 ON THE FILE OF THE ADDITIONAL
SENIOR CIVIL JUDGE AND II ADDITIONAL MOTOR ACCIDENT
CLAIMS TRIBUNAL, KARWAR, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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MFA No. 102909 of 2023
JUDGMENT
Though this appeal is listed for admission, with the
consent of learned counsel, the matter is taken up for final
disposal.
2. This appeal is filed by the claimant aggrieved by
the judgment and award dated 24.03.2023 passed in MVC
No.330/2021 on the file of the Additional Senior Civil
Judge and II Additional MACT, Karwar, (for Short, 'the
Tribunal'), whereby the Tribunal awarded a compensation
of Rs.1,79,678/- to the claimant.
3. For the sake of convenience, the parties are
referred to as per their rank referred to in the claim
petition before the Tribunal.
4. The claim petition was filed under Section 166
of the Motor Vehicles Act, (for short, 'the Act') seeking
compensation of Rs.10,00,000/- on account of injuries
sustained by the injured in the road traffic accident that
took place on 22.09.2018 at about 2.30 P.M., when the
claimant was proceeding from Chandavr to Dhareshwar on
motorcycle bearing registration No.KA-47/L-7918 as a
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pillion rider, the rider of the motorcycle was rode the
same in a moderate speed by following all traffic rules, at
that time another motorcycle bearing registration No.KA-
47/S-3746 came from behind driven by its rider in a rash
and negligent manner and dashed to the motorcycle of the
claimant. Due to the said impact, the claimant and rider of
motorcycle bearing Registration No.KA-47/L-7918
sustained grievous injuries. Immediately after the
accident, the claimant was shifted to Government Hospital
Kumta. Thereafter, she was shifted to Kasturba Medical
College and Hospital Manipal, for higher treatment. Where
she was treated by the doctor. The doctor noticed the
fracture of 1). Cut lacerated wound on occipital region 2).
Bleeding from both ears. The claimant was examined by
the doctor and was discharged from the hospital with
follow up treatment.
5. The Tribunal considering the evidence on record
at Exs.P.1 to P.28 and oral evidence of PWs.1 and 2,
granted compensation of Rs.1,79,678/- to the claimant.
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6. Learned counsel for the appellant/claimant
submits that the Tribunal has failed to consider the injuries
sustained by the claimant and the amount that was spent
towards treatment. The injuries sustained by the claimant
are grievous in nature but the Tribunal has failed to grant
the reasonable compensation for the said injuries. The
compensation that was granted by the Tribunal is not just
and reasonable. Further, the Tribunal has not granted fair
compensation on the heads of 'pain and suffering', Loss of
income during laid up period, 'Future medical expresses,
'Loss of future income' and loss of amenities etc. Hence,
he prays to allow the appeal.
7. Learned counsel for respondent No.2-Insurance
Company submits that the Tribunal considering the
medical expenses as well as oral evidence and other
aspects has reasonably granted the compensation. He
further submitted that no grounds are made out seeking
for enhancement of the compensation. Thus, he prays for
dismissal of the appeal.
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8. As there is no dispute with regard to the
injuries sustained by the claimant in the road traffic
accident that occurred on 22.09.2018 at about 2.30 P.M.,
due to rash and negligent riding of rider of motorcycle
bearing registration No.KA.47/S-3746 by its rider and the
liability of the insurer of offending vehicle, only the point
that arises for Court consideration in this appeal is :
"Whether the quantum of compensation
awarded by the Tribunal is just and reasonable or
does it call for enhancement?"
9. After hearing the learned counsel appearing for
the parties and perusing the judgment and award of the
Tribunal, I am of the view that the compensation awarded
by the Tribunal is not just and reasonable, it is on the
lower side and hence, it is required to be enhanced.
10. As per Ex.P.3 Wound Certificate, the claimant
sustained following injuries:
1. Cut lacerated wound on occipital region
2. Bleeding from both ears.
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11. As per the opinion of the doctor, injuries are
grievous in nature. The claimant was treated at
Government Hospital, Kumta and she took treatment at
Kasturba Medical College and Hospital, Manipal, where she
was treated as inpatient from 22.09.2018 to 25.09.2018
i.e. for a period of 4 days. The injuries sustained and
treatment taken by the claimant is also supported by the
oral evidence of claimant and doctor who were examined
as PWs.1 and 2 respectively. In this case, the Tribunal has
observed that the claimant has sustained two grievous
injuries. For one grievous injury, as per settled law, the
claimant is entitled for a sum of Rs.40,000/- and
additional fracture, she is entitled for a sum Rs.10,000/-.
However, the Tribunal award a sum of Rs.45,000/-,
which is not reasonable one. Considering the nature of
injuries sustained on occipital region, pain and agony, the
claimant entitled to receive an additional sum of
Rs.30,000/- is awarded under this head. Therefore, in all
Rs.75,000/- is awarded under the head of 'Pain and
Suffering'.
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12. The Tribunal has awarded a sum of
Rs.34,678/- towards 'medical expenses', which is
reasonable amount and no interference is called for in that
regard. The Tribunal has not awarded any compensation
under the head of 'further medical expresses'. Therefore,
considering the nature of grievous injuries sustained,
particularly the injuries on Occipital region, an additional
sum of Rs.15,000/- is granted under the head of 'Further
medical expenses'.
13. The Tribunal has awarded a sum of Rs.5,000/-
towards attendant, conveyance and nourishment food,
which is not reasonable one. Hence, an additional sum of
Rs.15,000/- is granted under this head. The Tribunal has
awarded a sum of Rs.25,000/- towards 'loss of
amenities' which is reasonable one. Hence, no interference
is called in this regard by this Court.
14. The Tribunal has awarded a sum of
Rs.30,000/- towards 'loss of income' which is reasonable
one and no interference in this regard is called for by this
Court.
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15. The Tribunal has awarded a sum of
Rs.40,000/- towards 'loss of marriage prospects' which
is not reasonable one. Considering the grievous injuries
sustained by the claimant and her age i.e. 23 years as on
the date of accident, it is just and necessary to award an
additional sum of Rs.60,000/- and under the head of
'loss of marriage prospects'.
16. Thus, the claimant is entitled for compensation
on the following heads;
Compensation awarded
Sl.
Description By the By this
No.
Tribunal Court
1 Pain and suffering 45,000/- 75,000/-
2 Medical expenses 34,678/- 34,678,/-
3 Attendant, conveyance and
Nourishment food 5,000/- 20,000/-
4 Loss of amenities 25,000/- 25,000/-
5 Loss of income 30,000/- 30,000/-
6 Loss of marriage prospects 40,000/- 1,00,000/-
7 Future medical expenses 15,000/-
Total 1,79,678/- 2,99,678/-
Rounded off 1,79,678/- 3,00,000/-
Less: compensation awarded by the
Tribunal 1,79,678/-
Enhanced by this Court 1,20,322/-
17. Therefore, the claimant is entitled to receive
total compensation of Rs.2,99,678/- which is rounded off
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Rs.3,00,000/- as against the compensation of
Rs.1,79,678/- awarded by the Tribunal. Accordingly, I
pass the following;
ORDER
i) Misc. first appeal is allowed in part.
ii) The judgment and award dated 24.03.2023
passed in MVC.No.330/2021 by the Additional
Senior Civil Judge and II Additional MACT,
Karwar, is hereby modified to the extent stated
herein above.
iii) The claimant is entitled for compensation of
Rs.3,00,000/-as against the compensation of
Rs. 1,79,678/-awarded by the Tribunal with
interest at the rate of 6% per annum on the
enhanced compensation of Rs.1,20,322/-
from the date of the claim petition, till the date
of its realization.
iv) Respondent No.2/Insurance Company is
directed to deposit the additional compensation
with interest within a period of six weeks from
the date of receipt of copy of this judgment.
v) Out of the additional compensation, the
Tribunal is directed to disburse the entire
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compensation to the claimant on proper
identification.
vi) Draw modified award decree accordingly.
vii) The Registry is directed to transmit the copy of
this judgment with consent to the Tribunal
along with its records
viii) No order as to costs.
Sd/-
JUDGE
AC/ct-an
