Karnataka High Court
Sri Anjinappa vs Sri M Gullappa on 6 November, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:44720
MFA No. 2112 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.2112 OF 2014 (MV-I)
BETWEEN:
SRI ANJINAPPA
S/O. HANUMANTHAPPA,
AGED ABOUT 39 YEARS,
R/AT NO.5, NEELAKANTAPPA NILAYA,
NEAR DEEP HOSPITAL,
K.R. PURAM, BANGALORE-36. ... APPELLANT
(BY SRI GOPAL KRISHNA N., ADVOCATE)
AND:
1. SRI M. GULLAPPA
S/O. MURISWAMAPPA,
MAJOR IN AGE,
RESIDING AT MALLESH NAGAR,
VOKKALERI VILLAGE & POST,
KOLAR TALUK & DISTRICT-563 101.
Digitally signed 2. UNITED INDIA INSURANCE COMPANY LTD.,
by RAMYA D
Location: HIGH REGIONAL OFFICE, 5TH FLOOR,
COURT OF KRUSHI BHAVANA,
KARNATAKA
NRUPATHUNGA ROAD, HUDSON CIRCLE,
BANGALORE-560 001.
REP. BY ITS MANAGER.
3. SRI GOPALAPPA
S/O. NARAYANAPPA,
MAJOR IN AGE,
PADMANAGATTA POST,
BYRAKUR HOBLI, MULBAGAL TALUK,
KOLAR DISTRICT-563 131. ... RESPONDENTS
(BY SRI RAVISH BENNI, ADVOCATE FOR R-2;
NOTICE TO R-1 & R-3 DISPENSED WITH V/O. DATED 05/02/2015)
-2-
NC: 2024:KHC:44720
MFA No. 2112 of 2014
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 25.09.2013 PASSED
IN M.V.C.NO.7963/2010 ON THE FILE OF THE MEMBER, PRL. MACT &
CHIEF JUDGE, COURT OF SMALL CAUSES, 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 by the claimant challenging the
judgment and award dated 25.09.2013, passed by the
Principal Motor Accident Claims Tribunal and Chief Judge,
Court of Small Causes at Bangalore (hereinafter referred
to as 'the Tribunal' for brevity) in MVC.No.7963/2010
seeking enhancement of compensation awarded by the
Tribunal.
2. The factum of accident, injuries sustained by
the claimant and coverage of insurance are not in dispute.
3. Heard the arguments of both sides and perused
the records.
NC: 2024:KHC:44720
4. In the present case, from the medical evidence
on record, it is proved that the claimant had suffered the
following injuries:-
i. Open type II Fracture (L) femur - mid 1/3rd
ii. Fracture (L) scapula with brachial plexus injury
iii. Fracture both bones (L) forearm - mid 1/3
iv. Fracture (L) Radial Styloid process
v. Fracture 2nd, 3rd, 5th M.C (L) hand
Blunt Abdominal injury - splenic laceration and
moderate hemoplatoneum.
5. The compensation of Rs.50,000/- awarded by the
Tribunal under the head 'pain and sufferings' is on the
lesser side and the Tribunal has not awarded
compensation on the other heads. The approach of the
Tribunal while awarding compensation is not correct.
Therefore, the claimant is entitled for enhancement of
compensation.
6. Considering the nature of injuries sustained
by the claimant as discussed above, as the claimant has
suffered grievous injuries with multiple fractures, the
NC: 2024:KHC:44720
compensation of Rs.75,000/- is awarded under the head
'Pain and Sufferings' as against the compensation of
Rs.50,000/- awarded by the Tribunal.
7. Further, the Tribunal has not awarded the
compensation under the head medical expenditures and
attendant charges on the reason that the claimant, being
the employee in judiciary, might have got reimbursed the
medical bills. The Tribunal has only made an assumption
in this regard, which is apparent on record. Ex.P.11 is a
certificate issued by the Court of Principal Civil Judge and
JMFC, Malur, which shows that the claimant has not got
reimbursement of his medical bills for taking medical
treatment pertaining to MVC No.7963/2010. Therefore, it
is proved that pertaining to the accident, the claimant has
not got reimbursement of medical expenses and attendant
charges. Ex.P.14 is the medical bills and inpatient bills. It
is proved that the claimant has incurred an expenditure of
Rs.2,20,770/- towards medical expenses and attendant
charges. Accordingly, a compensation of Rs.2,21,000/- is
NC: 2024:KHC:44720
awarded under the head 'medical expenses and attendant
charges'.
8. The claimant is working as peon in the District
Judiciary at Kolar and he is continued in the same job with
the same salary. Therefore, the claimant is not entitled
for compensation under the head 'loss of future income
with disabilities'.
9. The claimant was constrained to apply for
earned leave for three months due to the accident and
hence, he has suffered loss of encashment of EL for three
months and the same is to be compensated/reimbursed.
Ex.P.9 is the salary certificate of the claimant, which
proves that the claimant has received Rs.9,065/- per
month and if three months of EL encashment is
reimbursed, that would be Rs.27,195/- and the same is
accordingly awarded.
10. Further a compensation of Rs.60,000/- is
awarded under the head 'loss of amenities. Further, a
NC: 2024:KHC:44720
compensation of Rs.50,000/- is awarded towards the
expenses like 'traveling allowance, food and nourishment
etc.,'
11. For the expenses of removal of implantation
and also for taking future treatment, a compensation of
Rs.50,000/- is awarded under the head 'future medical
expenses'.
12. Thus, in all, the appellant/claimant is entitled for
total compensation under various heads as follows:
Sl. Particulars Awarded by Awarded by
No. the Tribunal this Court
1 Towards pain and
suffering Rs. 50,000/- 75,000/-
2 Towards food,
nourishment and
conveyance Rs. - 50,000/-
3 Medical expenses and
hospitalization charges Rs. - 2,21,000/-
4 Loss of income during laid
up period Rs. - 27,195/-
5 Loss of future amenities
and happiness Rs. - 60,000/-
6 Loss of future medical
expenses Rs. - 50,000/-
TOTAL Rs. 50,000/- 4,83,195/-
13. The Tribunal has awarded compensation of
Rs.50,000/-, but the appellant/claimant is entitled for total
NC: 2024:KHC:44720
compensation of Rs.4,83,195/-. Hence, the
appellant/claimant is entitled to enhanced compensation of
Rs.4,33,195/- (Rs.4,83,195/- - Rs.50,000/-), along with
interest at the rate of 6% per annum from the date of
petition till the date of realization, in addition to what has
been awarded by the Tribunal.
14. Accordingly, I proceed to pass the following:
ORDER
i. The appeal is allowed-in-part.
ii. The judgment and award passed by the
Tribunal in MVC No.7963/2010 dated
25.09.2013 by the Tribunal, is hereby
modified holding that the claimant is
entitled for enhanced compensation of
Rs.4,33,195/- along with interest @ 6%
p.a., from the date of petition till its
realization, in addition to what has been
awarded by the Tribunal.
iii. No order as to costs.
NC: 2024:KHC:44720
iv. Draw award accordingly.
v. The claimant-appellant is not entitled any
interest for delay of 53 days in filing the
appeal.
SD/-
(HANCHATE SANJEEVKUMAR)
JUDGE
MBM
