Karnataka High Court
Sri Yashas R Davanam vs Smt Spandana S Pardikar on 24 October, 2024
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NC: 2024:KHC:42889
MFA No. 7445 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE C M JOSHI
MISCELLANEOUS FIRST APPEAL NO. 7445 OF 2017 (MV-I)
BETWEEN:
SRI YASHAS R DAVANAM,
S/O RAJESH KUMAR D R,
AGED ABOUT 21 YEARS,
R/AT NO.37, 3RD CROSS,
2ND MAIN ROAD, "D" GROUP LAYOUT,
NEAR SRIGANDADAKAVALU BUS STOP,
VISWANEEDAM POST, BANGALORE-560 091.
...APPELLANT
(BY SRI K.N HARISH BABU & SMT. B.N NAGAVENI,
ADVOCATES)
AND:
1. SMT. SPANDANA S PARDIKAR,
D/O SANDEEP H PARDIKAR,
NO.85, 1ST MAIN ROAD,
Digitally GRUHALAKSHMI LAYOUT 1ST STAGE,
signed by WEST OF CHORD ROAD,
NANDINI R
BASAVESWARA NAGAR,
Location:
High Court BANGALORE-560 079.
of Karnataka
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
NO.40/3, 3 GEETHA MANSION,
K.G. ROAD, BANGALORE-560 009.
...RESPONDENTS
(BY SRI RAVISH BENNI, ADVOCATE FOR R-2;
NOTICE TO R-1 IS DISPENSED WITH V/O DATED
20.07.2023)
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NC: 2024:KHC:42889
MFA No. 7445 of 2017
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 20.02.2017 PASSED IN MVC
NO.4679/2015 ON THE FILE OF THE XXII ADDITIONAL SMALL
CAUSES JUDGE, & XX ACMM, MEMBER, MACT, BENGALURU,
(SCCH-24), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL COMING ON FOR HEARING THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE C M JOSHI
ORAL JUDGMENT
Being aggrieved by the judgment and award in MVC
No.4679/2015 dated 20.2.2017 passed by the Tribunal,
the petitioner is before this Court seeking enhancement of
compensation.
2. The factual matrix of the case is that on
17.8.2015 at about 7.30 p.m., when the petitioner was
riding his motor cycle towards Seshadripuram College,
near Sujatha Talkies, a Santro Car bearing No.KA.04.MA
8990 came in a negligent manner and dashed against the
motor cycle of the petitioner from hind side causing the
accident, wherein the petitioner fell down and sustained
the fracture of lower end of left radius. He was shifted to
Victoria hospital and thereafter to a private hospital; and
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FIR came to be registered in Crime No.92/2015. The
petitioner approached the Tribunal seeking compensation
for the injuries suffered by him.
3. On issuance of notice, respondent Nos. 1 and 2
appeared before the Tribunal and filed their objection
statements wherein they contended that the compensation
claimed is highly exorbitant, imaginary and not
maintainable and that the petitioner was not having a valid
driving licence. Inter-alia, they also contended that he
accident occurred due to the negligence of the petitioner.
4. Respondent No.2, Insurance Company
contended that there was violation of terms and conditions
of the policy and therefore, liability has to be fastened
upon respondent No.1.
5. On the basis of the above pleadings,
appropriate issues were framed and evidence was let-in in
the form of testimony of PW1 and Exs.P1 to P14.
Respondent No.2 examined its official as RW1 and copy of
the policy was marked as Ex.R1.
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6. After hearing the arguments, the Tribunal has
awarded a sum of Rs.18,100/- along with interest at 8%
p.a. to the petitioner. Being aggrieved by the same, the
petitioner is before this Court in appeal.
7. On issuance of notice, respondent No.2,
Insurance Company has appeared through its counsel and
notice to respondent No.1 has been dispensed with.
8. Learned counsel appearing for the appellant
would submit that though petitioner had sustained fracture
of the left radius, the Tribunal erred in awarding a sum
Rs.18,098/- out of which Rs.8,098/- is towards the
medical expenses. It is submitted that the compensation
under the head of pain and sufferings, food, nourishment
and conveyance expenses is on the lower side and the
Tribunal has not awarded any compensation under the
head of loss of amenities in life.
9. The learned counsel appearing for respondent
No.2, Insurance Company has defended the compensation
awarded by the Tribunal.
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10. The fact that there was an accident involving
the offending car insured by respondent No.2 is not in
dispute. The Insurance Company has not filed any appeal
disputing its liability. Therefore, the only question that
would falls for consideration would be the quantum of
compensation.
11. The wound certificate produced at Ex.P7 would
show that the petitioner had sustained the fracture of the
lower end of the left radius. Except this, there is no other
material to show the period of inpatient treatment or the
nature of the treatment rendered to the petitioner.
Therefore, the compensation has to be assessed on the
basis of the available material. Considering the nature of
injuries suffered, it would be just and proper to award a
sum of Rs.35,000/- under the head of 'pain and suffering',
a sum of Rs.10,000/- under the head of 'food,
nourishment, conveyance and other incidental expenses',
a sum of Rs.20,000/- under the head of 'loss of amenities
in life'. The above compensation is awarded considering
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the fact that the petitioner was a student studying in
undergraduate degree course and the injuries are going to
affect him in his future endeavours. Hence, the petitioner
is entitled for a total compensation of Rs.73,098/- under
the following heads:
Pain and suffering Rs.35,000/-
Food, nourishment, conveyance and Rs.10,000/-
other incidental expenses
Loss of amenities in life Rs.20,000/-
Medical expenses Rs. 8,098/-
Total Rs.73,098/-
Less: awarded by the Tribunal Rs.18,098/-
Enhancement Rs.55,000/-
Thus, the appeal is liable to be allowed in part.
Hence, the following:
ORDER
(i) The appeal is allowed in part.
(ii) The petitioner is entitled for a sum of
Rs.55,000/- in addition to the compensation awarded by
the Tribunal along with interest at 6% p.a. from the date
of petition till its payment.
(iii) The rest of the order passed by the Tribunal
shall remain unaltered.
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(iv) Respondent No.2, Insurance company shall
deposit the compensation amount within six weeks from
today.
Sd/-
(C M JOSHI)
JUDGE
tsn*
