Karnataka High Court
Lalithamba H. M vs Dipu. D on 22 October, 2024
-1-
NC: 2024:KHC:42624
MFA No. 3296 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.3296 OF 2023(MV-I)
BETWEEN:
LALITHAMBA H.M.,
W/O. GURUPRASAD,
AGED ABOUT 41 YEARS,
RESIDING AT NO. 138,
KELAGADEBEEDI, KATNAVADI,
KOTHALAVADI,
CHAMARAJANAGARA DISTRICT-571 123.
...APPELLANT
(BY SRI. SHANTHARAJ K., ADVOCATE)
AND:
1. DIPU D.,
S/O. SHAKUNTHALA,
Digitally signed by
AASEEFA PARVEEN AGED ABOUT 32 YEARS,
Location: HIGH RESIDING AT CHARUVILA,
COURT OF MELATHIL,
KARNATAKA
NEDUVATHOOR,
NEELESWARAMA POST,
KOTTARAKKAA KOLLAM DISTRICT,
KERALA-691 506.
2. THE MANAGER
NATIONAL INSURANCE COMPANY LIMITED,
DIVISION OFFICE-II, NO.1,
SRI. SRINIVASA PLAZA,
1ST FLOOR, 5TH STAGE,
-2-
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MFA No. 3296 of 2023
ADICHUNCHANAGIRI ROAD, KUVEMPUNAGARA,
MYSURU-570 023.
...RESPONDENTS
(BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR
SRI. C. SHANKARA REDDY, ADVOCATE FOR R2;
V/O DATED 31.05.2023, NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED.16.01.2023 PASSED IN MVC
NO.1074/2021 ON THE FILE OF THE JUDGE, ADDITIONAL
COURT OF SMALL CAUSES, MACT, MYSURU, 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.Shantharaj.K learned counsel for the
appellant as well as Sri.Mallikarjuna Reddy N.A, learned
counsel who represents Sri.C.Shankara Reddy learned
counsel for respondent No.2.
2. Challenge in this appeal is the order that is
rendered by the Motor Accidents Claims Tribunal, Mysuru
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in M.V.C. No.1074/2021 dated 16.01.2023. This is a
claimants appeal.
3. On the ground that she sustained grievous injuries
in a road traffic accident, the appellant moved an
application claiming compensation of Rs.10,00,000/-. The
tribunal through the impugned order awarded a sum of
Rs.70,000/- as compensation and aggrieved by the same
the appellant is before this Court.
4. Sri.Shantharaj.K, arguing the matter, contends
that the appellant was working as Nurse and her
occupation and income were established before the
tribunal by producing necessary proof including Ex.P-12-
Salary Certificate but without considering the same, the
tribunal awarded meager sum as compensation under all
heads and no amount is awarded towards loss of earnings
during laid up period, which is unjustifiable. Learned
counsel also states that the tribunal awarded Rs.4,000/-
only towards expenses relating to treatment and the same
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requires enhancement. Learned counsel ultimately seeks
to award justifiable sum as compensation.
5.Sri.Mallikarjuna Reddy representing Sri.C.Shankara
Reddy, learned counsel on the other hand contends that
the amount awarded as compensation is highly justifiable.
6. The tribunal through the impugned order awarded
a sum of Rs.4,000/- towards expenses relating to
treatment, hospitalization and Medication, Rs.40,000/- for
pain and suffering, Rs.15,000/- towards loss of amenities,
Rs.10,000/- towards transportation, Nourishment,
attendant and Miscellaneous expenses. Totally Rs.69,000/.
7. As rightly contended by learned counsel for the
appellant Sri.Shantharaj.K, the tribunal did not award any
amount as compensation towards loss of earnings during
laid up period. Undisputedly the appellant sustained right
supracondylar humerus fracture which is grievous in
nature and she underwent a surgery. Having considered
the said fact, this Court is of the view that award of sum of
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Rs.4,000/- towards expenses relating to treatment is
grossly low.
8. Having considered these facts, this Court is of the
view that a sum of Rs.50,000/- globally is required to be
awarded in addition to the compensation that is granted
by the tribunal which makes the compensation granted
justifiable and reasonable. Therefore, the appeal is
disposed of with the following.
ORDER
i. The appeal is allowed in part.
ii. The compensation that is awarded by the Motor
Accidents Claims Tribunal, Mysuru through orders in
M.V.C. No.1074/2021 dated 16.01.2023 is enhanced
by Rs.50,000/-.
iii. The enhanced sum shall carry interest at the rate of
6% per annum from the date of petition till the date
of deposit.
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iv. The 2nd respondent 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, the appellant is permitted to
withdraw the entire amount.
vi. The pay and recovery as ordered by the tribunal
applies to enhanced sum as well.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
VS
