Karnataka High Court
Sri Abin Abraham Koshy vs Sri M Srinivas on 12 November, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:45770
MFA No. 1551 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 1551 OF 2019
(MV-I)
BETWEEN:
1. SRI ABIN ABRAHAM KOSHY
@ ABIN KOSHY,
S/O BEJOY KOSHY, AGED ABOUT 27 YEARS,
R/AT NO.38/39, 4TH CROSS,
RIYA APARTMENTS, NIRUPU TUNGA ROAD,
VIRGONAGAR, BHATTARAHALLI,
BENGALURU-49
...APPELLANT
(BY SRI. G M SRINIVASAREDDY., ADVOCATE)
AND:
1. SRI M SRINIVAS
S/O P MUNISWAMY,
MAJOR,
Digitally signed R/AT NO.7, NETHRAVATHI ROAD,
by KIRAN
KUMAR R UDAYANAGAR, BENGALURU-16.
Location: HIGH
COURT OF 2. THE BRANCH MANAGER
KARNATAKA
UNITED INDIA INSURANCE CO.LTD.,
T.P.HUB NO.
KRISHI BHAVANA BUILDING,
6TH FLOOR, NEAR HUDSON/
CORPORATION CIRCLE,
BENGALURU-02
...RESPONDENTS
(BY SMT. GEETHA RAJ., ADVOCATE FOR R-2;
VIDE ORDER DATED:29.10.2024, NOTICE TO R-1 IS
DISPENSED WITH)
-2-
NC: 2024:KHC:45770
MFA No. 1551 of 2019
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 30/04/2018,
PASSED IN MVC NO.7861/2016, ON THE FILE OF THE XXI
ADDITIONAL SMALL CAUSES JUDGE & XIX ACMM., MEMBER,
MACT, (SCCH-23), BENGALURU, 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 N S SANJAY GOWDA
ORAL JUDGMENT
1. The claimant, being aggrieved by the quantum of
compensation awarded by the Tribunal, is in appeal.
2. The accident which occurred on 01.10.2016 is not in
dispute. The liability of the insurer to satisfy the
awarded is also not in dispute.
3. The Tribunal, on assessment of the evidence, has
awarded the following sums as compensation:
Compensation
Sl. awarded by the
Nature of Heads
No. Tribunal
(In Rs.)
Pain and sufferings including 40,000/-
1.
mental agony
Medical expenses, 1,24,590/-
2. conveyance, nourishment
and nutritious food
NC: 2024:KHC:45770
Compensation
Sl. awarded by the
Nature of Heads
No. Tribunal
(In Rs.)
Conveyance, food, 25,000/-
3. nourishment, attendant
charges
Total 1,89,590/-
4. While awarding the said compensation, the Tribunal has
recorded a finding that the claimant has continued to work
as an Accountant in a private company on a monthly
salary of Rs.15,000/- and was drawing the same income
and, therefore, there would be no need to grant any sums
towards loss of future income. This reasoning cannot be
found fault with.
5. The Tribunal has awarded a sum of Rs.40,000/- towards
pain and suffering including mental agony and has not
awarded any sum towards loss of amenities.
6. The evidence on record indicates that the claimant has
suffered a fracture of the left distal humerus with radial
palsy (neuro praxia), for which he underwent a surgery on
01.10.2016. In my view, therefore, it would be
appropriate to award a sum Rs.75,000/- towards pain
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and suffering, and a sum of Rs.50,000/- towards loss
of amenities.
7. The Tribunal has awarded a sum of Rs.1,24,590/-
towards medical expenses, which is just and proper.
8. Similarly, a sum of Rs.25,000/- awarded towards
conveyance, nourishment and nutritious food is also
just and proper and hence, the same is also confirmed.
9. It is noticed that the Tribunal has not awarded any sum
towards loss of income during the laid up period.
Having regard to the fact that the claimant had undergone
a surgery, it would be appropriate to reckon the laid up
period as four months and award a sum of Rs.60,000/-
(Rs.15,000/- x 4 months) under the said head.
10. Consequently, the award of the Tribunal is modified
and the claimant would be entitled to the following
compensation:
As As
Sl. awarded
Nature of Heads awarded by
No. by the
this Court
Tribunal
(In Rs.) (In Rs.)
1. Pain and sufferings 40,000/- 75,000/-
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As As
Sl. awarded
Nature of Heads awarded by
No. by the
this Court
Tribunal
(In Rs.)
(In Rs.)
including mental agony
Medical expenses, 1,24,590/- 1,24,590/-
2. conveyance, nourishment
and nutritious food
3. Loss of amenities Nil 50,000/-
Conveyance, food, 25,000/- 25,000/-
4. nourishment, attendant
charges
Loss of income during the Nil 60,000/-
5.
laid up period (Rs.15,000/- x 4)
Total 1,89,590/- 3,34,590/-
11. Thus, the claimant is held entitled to the total
compensation of Rs.3,34,590/- as against
Rs.1,89,590/-, along with interest at the rate of six
per cent per annum from the date of petition till its
realization.
12. The Insurance Company is directed to deposit the
amount of compensation awarded within two
months from the date of receipt of a certified copy
of this judgment.
13. The entire compensation along with interest shall
be released to the claimant on proper identification.
NC: 2024:KHC:45770
The appeal is accordingly allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
RK
