Karnataka High Court
J P Ellis vs Reliance General Insurance on 4 November, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:44123
MFA No. 8438 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 8438 OF 2013 (MV-I)
BETWEEN:
J P ELLIS
S/O J B ELLIS
AGED ABOUT 74 YEARS
NO.A13, KGB COLONY
MIG-2, PUTTENAHALLI
YELAHANKA
BENGALURU - 560 064
...APPELLANT
(BY SRI. ANANTHARAMA C.,ADVOCATE)
AND:
1. RELIANCE GENERAL INSURANCE
COMPANY LIMITED
EAST WING, 5TH FLOOR
28, CENTENARY BUILDING,
M G ROAD,
BENGALURU - 560 001
Digitally signed 2. MUNEGOWDA B
by RAMYA D S/O BYRE GOWDA
Location: HIGH
COURT OF GRANITE, PALYA VILLAGE
KARNATAKA
KANNAMANGALA POST
DEVANAHALLI TALUK
BANGALORE DISTRICT - 562 110
...RESPONDENTS
(BY SRI.B.PRADEEP.,ADVOCATE FOR R-1;
NOTICE SERVED TO R-2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 20.06.2013 PASSED IN MVC
NO.4665/2012 ON THE FILE OF THE XXI ADDITIONAL SMALL
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NC: 2024:KHC:44123
MFA No. 8438 of 2013
CAUSES JUDGE & XIX ACMM, MEMBER, MACT, BANGALORE,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
ORAL JUDGMENT
This appeal is filed under Section 173(1) of the Motor
Vehicles Act, 1988 by the appellant-claimant challenging the
judgment and award dated 20th June, 2013 passed in MVC
No.4665/2012 on the file of XXI Additional Small Causes Judge
& XIX ACMM and Member, MACT, Bangalore (hereinafter
referred to as 'the Tribunal' for brevity), seeking enhancement
of compensation.
2. Heard the arguments of the learned counsel for the
appellant and the learned counsel for respondent No.1 -
insurance company and perused the material on record.
3. The occurrence of the accident, injuries sustained by
the claimant and coverage of insurance are not in dispute. For
having sustained injuries due to the accident, the Tribunal has
granted compensation under various heads as follows:
NC: 2024:KHC:44123
i) Towards pain and suffering Rs.15,000/-
ii) Towards medical expenses Rs.11,343/-
iii) Towards loss of amenities Rs.10,000/-
iv) Towards nourishment,
attendant & conveyance
charges Rs. 5,000/-
....................
Total Rs.41,343/-
4. In the present case, from the medical evidence on
record, it is proved that the claimant had suffered fracture of
lower end of ulna and certain multiple abrasions. The claimant
was aged about 73 years as on the date of accident.
5. The compensation awarded by the Tribunal towards
'pain and suffering' and other heads is on the lesser side.
Therefore considering the nature of injuries sustained by the
claimant, if another sum of Rs.30,000/- is awarded in global in
addition to the compensation awarded by the Tribunal, is
sufficient and adequate in the facts and circumstances of the
case.
6. In the result, I proceed to pass the following:
NC: 2024:KHC:44123
ORDER
i) The appeal is allowed in part.
ii) The impugned judgment and award dated 20th
June 2013 passed in MVC No.4665/2012, on the
file of XXI Additional Small Causes Judge & XIX
ACMM and Member, MACT, Bangalore, stands
modified to an extent that the appellant -
claimant is entitled for an additional global
compensation of Rs.30,000/- (Rupees thirty
thousand only), along with interest at 6% per
annum from the date of petition till deposit, in
addition to what has been awarded by the
Tribunal.
iii) The 1st respondent - insurance company shall
deposit the amount within a period of eight weeks
from the date of receipt of a copy of this
judgment.
iv) Draw the award accordingly.
v) Registry is directed to return the Trial Court
Records to the Tribunal, alongwith certified copy
of the order passed by this Court forthwith.
SD/-
(HANCHATE SANJEEVKUMAR)
JUDGE
GSS
