Karnataka High Court
Sri. Nandisha. A. C vs Universal Sompo Gen. Ins. Co. Ltd on 21 October, 2024
-1-
NC: 2024:KHC:42058
MFA No. 8203 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.8203 OF 2023(MV-I)
BETWEEN:
SRI. NANDISHA A.C.,
S/O CHIKKASWAMY A.C.,
AGED ABOUT 27 YEARS,
R/AT ACHHALU VILLAGE,
SATHNOOR HOBLI,
KANAKAPURA TALUK,
RAMANGARA DIST 567 212
...APPELLANT
(BY MISS. NITHYA V., ADVOCATE FOR
SRI. PRAKASH M.H., ADVOCATE)
AND:
1. UNIVERSAL SOMPO GEN. INS. CO. LTD.,
Digitally signed by OFFICE AT NO. 217/A,
AASEEFA PARVEEN
3RD FLOOR, KVV SAMARAT,
Location: HIGH
COURT OF 3RD MAIN ROAD, OUTER RING ROAD,
KARNATAKA
KASTURINAGAR, BENGALURU 560 043,
REP. BY ITS MANAGER.
2. SADBHAV ENGINEERING WORKS LTD.,
REP. BY ITS PROPRIETOR,
NO. 29, KALEGOWDANADODDI VILLAGE,
SATHNOOR HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DIST. 562 117
...RESPONDENTS
(BY SRI. D. VIJAYAKUMAR, ADVOCATE FOR R1;
-2-
NC: 2024:KHC:42058
MFA No. 8203 of 2023
V/O DATED 31.07.2024, NOTICE TO R2 IS D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 17.06.2023 PASSED IN MVC
NO. 4171/2020 ON THE FILE OF THE XIII ADDITIONAL
SMALL CAUSES JUDGE AND ACMM, COURT OF SMALL CAUSES
AND MEMBER, MACT-15, BENGALURU (SCCH-15), PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Ms. Nithya.V, learned counsel who represents
Sri. Prakash M.H learned counsel on record for the
appellant and who appears physically before this Court.
Also heard Sri.D.Vijayakumar learned counsel for
respondent No.1 who appears through video conference.
2. Dissatisfied with the sum that is awarded as
compensation by the Additional Motor Accidents Claims
Tribunal, Bengaluru in M.V.C. No.4171/2020, the claimant
is before this Court.
NC: 2024:KHC:42058
3. Undisputedly, the appellant sustained Degloving
injury to Right foot measuring 7cm X 3cm with fracture of
metatarsal base. The tribunal through the impugned order
awarded a sum of Rs.3,65,700/- divided under following
heads:-
Heads Amount in Rs.
Pain, shock and suffering 25,000-00
Loss of amenities 15,000-00
Loss of income during the 29,000-00
laid up period
Attendant's charges, Extra 18,000-00
diet and conveyance
Medical expenses 1,22,100-00
Loss of Future Income 1,56,600-00
Total 3,65,700-00
4. Arguing on merits, Ms. Nithya.V contends that the
tribunal took disability in respect of whole body as 5%
though PW-3 Dr.Nagaraj B.N stated that the disability is
8% in respect of whole body.
5. Learned counsel also states that the tribunal failed
to award any amount towards loss of amenities. Learned
counsel thereby seeks for enhancement of compensation.
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6. Opposing the submission thus made, learned
counsel Sri.D.Vijayakumar submits that the tribunal
awarded a sum of Rs.15,000/- as compensation under the
head loss of amenities. Learned counsel further states that
the appellant sustained one injury only and that injury will
not cause any disability whatsoever.
7. A perusal of record goes to show that the
appellant though projected before the tribunal that as
agriculturist he was earning Rs.15,000/- per month, did
not produce any substantive proof to that effect. The
tribunal having considered the evidence produced, came to
a conclusion that the appellant is entitled to a sum of
Rs.25,000/- under the head pain and suffering,
Rs.15,000/- towards loss of amenities, Rs.29,000/-
towards loss of income during the laid up period,
Rs.18,000/- towards Attendant's charges, Extra diet and
conveyance, Rs.1,22,100/- towards medical expenses and
Rs.1,56,600/- towards loss of Future Income.
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8. Basing on the evidence produced, the tribunal
rightly assessed the disability in respect of whole body as
5% and therefore the said observation needs no
interference. However, considering the fact that the
appellant took extensive treatment for the grievous injury
he sustained and that he took treatment as in patient for
six days, this Court is of the view that globally, a sum of
Rs.30,000/- is required to be enhanced so that a sum that
would be awarded as compensation would be just and
reasonable.
9. Thus, the appeal is disposed of with the following:-
ORDER
i. The appeal is allowed in part.
ii. The compensation that is awarded by the Additional
Motor Accidents Claims Tribunal, Bengaluru through
orders in M.V.C. No.4171/2020 dated 17.06.2023 is
enhanced by Rs.30,000/-.
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iii. The enhanced sum shall carry interest at the rate of
6% per annum from the date of petition till the date
of deposit.
iv. Respondent No.1 is directed to deposit the enhanced
sum within a period of eight weeks from the date of
receipt of copy of this order.
v. On such deposit, appellant is permitted to withdraw
the entire amount.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
VS
