Karnataka High Court
Mr G Narasimha Murthy vs Mr Hameedulla Khan Erlakunta on 21 October, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:42078
MFA No. 3943 of 2019
C/W MFA No. 3940 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO.3943 OF 2019
C/W
MISCELLANEOUS FIRST APPEAL NO.3940 OF 2019(MV-I)
IN MFA NO.3943/2019:
BETWEEN:
1. MR. K. NARASIMHA MURHTY
S/O. GANGADHARAIAH
@ KARI THIMMAPPA
AGED ABOUT 31 YEARS
RESIDING AT G. BOMMASANDRA VILLAGE & POST
THONDEBAVI HOBLI, GOWRIBIDANUR TALUK
CHICKABALLAPUR DISTRICT-561 211.
...APPELLANT
(BY SRI HARISH BABU K. N., ADVOCATE)
Digitally signed
by KIRAN AND:
KUMAR R
Location: 1. MR. HAMEEDULLA KHAN ERLAKUNTA
HIGH COURT S/O. EMAN KHAN, MAJOR,
OF
KARNATAKA (AGE NOT KNOWN TO THE APPELLANT)
DHARAMAPURAM, HINDUPUR
ANANTHAPURA DISTRICT
ANDHRA PRADESH-515 402.
2. THE BRANCH MANAGER
SHRIRAM GENERAL INSURANCE COMPANY LTD.,
S-5, 2ND FLOOR, MONARCH CHAMBERS
INFANTRY ROAD, BENGALURU-560 001.
...RESPONDENTS
(BY SRI B. PRADEEP, ADVOCATE FOR R-2;
VIDE ORDER DATED 6/9/2021 NOTICE TO R-1 IS
DISPENSED WITH)
-2-
NC: 2024:KHC:42078
MFA No. 3943 of 2019
C/W MFA No. 3940 of 2019
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 18.06.2018
PASSED IN MVC NO.4576/2016 ON THE FILE OF THE IX
ADDITIONAL SMALL CAUSES JUDGE XXXIV ACMM, COURT OF
SMALL CAUSES, MEMBER, MACT-7, BENGALURU (SCCH-7),
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 3940/2019:
BETWEEN:
MR. G. NARASIMHA MURTHY
S/O. GANGAPPA
AGED ABOUT 31 YEARS
R/AT NO.41-2, GUVWALAHALLI VILLAGE
BIRAMANGAL, GOWRIBIDANUR TALUK
CHICKBALLAPUR DISTRICT-561 211.
...APPELLANT
(BY SRI K. N. HARISH BABU, ADVOCATE)
AND:
1. MR. HAMEEDULLA KHAN ERLAKUNTA
S/O. EMAN KHAN
MAJOR
(AGE NOT KNOWN TO THE APPELLANT)
DHARAMPURAM, HINDUPUR
ANANTHAPUR DISTRICT
ANDHRA PRADESH-515 402.
2. THE BRANCH MANAGER
SHRIRAM GENERAL
INSURANCE COMPANY LTD.,
S-5, 2ND FLOOR, MONARACH CHAMBERS
INFANTRY ROAD, BENGALURU-560 001.
...RESPONDENTS
(BY SRI B. PRADEEP, ADVOCATE FOR R-2;
VIDE ORDER DATED 10/11/2023 NOTICE TO R-1 IS
DISPENSED WITH)
-3-
NC: 2024:KHC:42078
MFA No. 3943 of 2019
C/W MFA No. 3940 of 2019
THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD DATED
18/06/2018, PASSED IN MVC NO.4575/2016, ON THE FILE
OF THE IX ADDITIONAL SMALL CAUSES JUDGE & XXXIV
ACMM., COURT OF SMALL CAUSES, MEMBER, MACT-7,
BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEALS, COMING ON FOR FURTHER ORDERS,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. The claimants are in appeal challenging the award of
Rs.5,36,283/- and Rs.30,000/- awarded as compensation for
the injuries suffered by them.
2. The occurrence of the accident and the liability of the
insurer to pay compensation by the insurer is not in
dispute.
3. The Tribunal has assessed the disability at 23% to
the whole body. In respect of the appellant - G Narasimha
Murthy, it has taken the notional income of Rs.9,000/-
awarded and a sum of Rs.4,22,280/- towards loss of
future income. In my view, this assessment and the award
NC: 2024:KHC:42078
of compensation cannot be found fault with. The Tribunal
has awarded Rs.60,000/- towards pain and sufferings,
Rs.8,003/- towards medical expenses, which is just and
proper and does not call for interference.
4. However, it is noticed that the claimant was
hospitalized for 54 days and therefore, it would be
appropriate to award a sum of Rs.40,000/- as against a
sum of Rs.10,000/- awarded by the Tribunal towards
special diet and conveyance, the award of Rs.36,000/-
towards of loss of earnings during laid up is just and
proper and deserves to be affirmed.
5. It is noticed that the Tribunal has not awarded any
sum towards loss of amenities. In my view, having regard
to the fact that the claimant was suffered 23% disability, it
would be appropriate to award a sum of Rs.50,000/-
towards loss of amenities.
6. Consequently, the award of the Tribunal is modified
and the following sums are awarded as compensation:
NC: 2024:KHC:42078
As As
awarded awarded
Sl. Compensation
by the by this
No. under different
Tribunal Court
Heads
(Rs.) (Rs.)
1. Pain and sufferings 60,000/- 60,000/-
Actual medical
2. 8,003/- 8,003/-
expenses
Special diet and
3. 10,000/- 40,000/-
Conveyance
Loss of earning
4. during treatment 36,000/- 36,000/-
period
Loss of permanent
5. 4,22,280/- 4,22,280/-
disability
6. Loss of amenities Nil 50,000/-
Total
5,36,283/- 6,16,283/-
7. Accordingly, the claimant - G Narasimha Murthy is
held entitled for compensation of Rs.6,16,283/- as
against Rs.5,36,283/- along with interest at the rate of 6%
p.a. from the date of petition till its realisation.
NC: 2024:KHC:42078
8. The appellant - G Narasimha Murthy would not be
entitled for interest for 209 days in view of the order dated
10.11.2023.
9. In so far as the claimant - K Narasimha Murthy is
concerned, the Tribunal has awarded a sum of Rs.30,000/- as
global compensation, the Tribunal has taken out to the fact that
the doctor, who treated the claimant, had been examined and
therefore, it has proceeded to award global compensation.
10. The documents produced by the claimant indicates that
he had suffered an undisplaced fracture of 1st, 4th and 5th
metatarsal bone and had lacerated wound over left hand and
other multiple abrasion all over the body and it is also borne
out from the evidence that he was an inpatient for a period of
12 days.
11. In light of the above, in my view, it would be appropriate
to enhance the global compensation of Rs.30,000/- to
Rs.80,000/-. Consequently, the claimant - K Narasimha Murthy
would be entitled for a sum of Rs.80,000/- as against
Rs.30,000/- awarded by the Tribunal.
NC: 2024:KHC:42078
12. Both the appeals are allowed in part.
13. The Insurance Company is directed to deposit the
amount of compensation awarded in both the appeals
within two months from the date of receipt of a certified
copy of this judgment.
Sd/-
(N S SANJAY GOWDA)
JUDGE
GSR
