Karnataka High Court
Sri Suresh Babu M vs Ishwara Ramaswamy on 11 November, 2024
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NC: 2024:KHC:45461
MFA No. 3688 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.3688 OF 2023(MV-I)
BETWEEN:
SRI. SURESH BABU M.,
S/O M.KRISHNA MANDADI,
AGED 39 YEARS,
RESIDING AT NO.9, 3RD CROSS,
MALAGERE MAIN ROAD,
VARTHUR, BENGALURU- 560 087.
PERMANENTLY RESIDING AT:
NO.2/9, YALLAMPALLI VILLAGE,
CHANDRAGIRI, CHITTOOR DISTRICT,
A.P. - 517102.
...APPELLANT
(BY SRI. M. B CHANDRA CHOODA, ADVOCATE)
AND:
1. ISHWARA RAMASWAMY,
Digitally signed by D/O RAMASWAMY,
AASEEFA PARVEEN
AGED:MAJOR,
Location: HIGH
COURT OF INCOME TAX COLONY,
KARNATAKA III STREET, ADMBAKKAM,
CHENNAI, TAMIL NADU- 600 088.
2. UNIVERSAL SOMPO GENERAL
INSURANCE CO. LTD.,
KVD TOWERS, 7/3,
II FLOOR ABOVE BARCLAYS FINANCE,
OPP. 100 F ROAD, OLD MADRAS ROAD,
INDIRANAGAR, BENGALURU- 560 038.
...RESPONDENTS
(BY SRI. RAJENDRA HEGDE, ADVOCATE FOR R2 (VC);
V/O. DATED 03.08.2023, R1- NOTICE DISPENSED WITH)
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MFA No. 3688 of 2023
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 13.02.2023 PASSED IN
MVC NO.4724/2021 ON THE FILE OF THE I ADDITIONAL SMALL
CAUSES JUDGE, MACT, BENGALURU SCCH-11, 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 DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri.M.B.Chandra Chooda who appears
physically before this Court and represents the appellant
as well as Sri.Rajendra Hegde who appears through video
conference and represents respondent No.2.
2. The claimant is before this Court seeking
enhancement of compensation. He challenges the order
that is passed by the Motor Accidents Claims Tribunal,
Bengaluru in MVC No.4724/2021 dated 13.02.2023.
3. Sri.M.B.Chandra Chooda, arguing the matter,
representing the appellant, contends that the appellant
sustained grievous injuries in a road traffic accident. The
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appellant was serving in Indian Army by the date of
accident. Though he had permission to serve for 19 years,
he served only for 17 years and due to the injury
sustained, he was discharged from service and therefore,
the appellant lost two years of service. Learned counsel
states that the Tribunal did not award any compensation
under the head 'loss of earnings during laid up period'.
Learned counsel also states that the compensation
awarded under the head pain and suffering, towards food,
nourishment and attendant charges, towards conveyance
and towards deprivation of future amenities is grossly low.
Learned counsel thereby seeks for enhancement of
compensation.
4. Per contra, the submission that is made by
Sri.Rajendra Hegde, learned counsel for respondent No.2
is that the Tribunal, taking into consideration the totality
of facts and circumstances, awarded a huge sum of
Rs.14,18,520/- under the head loss of future earnings.
Learned counsel contends that the appellant is receiving
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pension also and therefore, there is no requirement for
further enhancement of compensation.
5. A perusal of the record reveals that the Tribunal
awarded a sum of Rs.15,30,390/- as compensation divided
under following heads:
Sl. Description Amount
No
1 Towards injury pain and
Rs.50,000
suffering
2 Towards Medical expenses Rs.27,870
3 Towards food and extra
nourishment and medical Rs.4,000
attendant
4 Towards conveyance Rs.10,000
5 Towards loss of future
Rs.14,18,520
earning
6 Deprivation of future
Rs.20,000
amenities
Total Rs.15,30,390
6. It is not in dispute that the appellant sustained
crush injury to right foot, there was amputation of 4th and
5th toes and there were fractures to 4th and 5th
metatarsals. The disability that is assessed by Pw.2 in
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respect of whole body is 8%. Having considered the nature
of injuries sustained, this Court is of the view that the sum
granted under the head pain and suffering requires slight
enhancement. Also the Tribunal did not award justifiable
sum towards food, extra nourishment, attendant and
conveyance charges. Also the sum awarded as
compensation for deprivation of future amenities is low.
Having considered these facts, this Court is of the view
that globally, the appellant is entitled to a sum of
Rs.50,000/- more, so that the compensation which the
appellant receives would be justifiable. Therefore, this
Court considers desirable to dispose of the appeal
enhancing compensation that is granted by the Tribunal by
Rs.50,000/-.
7. Thus the following:
ORDER
(i) The appeal is allowed in part.
(ii) The compensation that is granted by the
Motor Accidents Claims Tribunal,
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Bengaluru through orders in MVC
No.4724/2021 dated 13.02.2023 is
enhanced by Rs.50,000/-.
(iii) The enhanced sum shall carry interest at
the rate of 6% p.a. from the date of
petition till the date of deposit.
(iv) Respondent No.2 is directed to deposit the
enhanced sum within a period of 8(eight)
weeks from the date of receipt of copy of
this order.
(v) On such deposit, the appellant is permitted
to withdraw the entire amount.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
NS
CT:TSM
