Karnataka High Court
Mr Varun vs Devegowda C on 2 September, 2024
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NC: 2024:KHC:35866
MFA No. 7210 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 7210 OF 2021 (MV-I)
BETWEEN:
1. MR VARUN,
S/O LATE B.N.SURESH,
AGED ABOUT 2O YEARS,
BINDIGANAVILE VILLAGE AND HOBLI,
NAGAMANGALA TALUK, MANDYA DISTRICT.
...APPELLANT
(BY SRI NAVEEN S, ADVOCATE FOR
SRI KARTHIK V, ADVOCATE (PH))
AND:
1. DEVEGOWDA C,
S/O LATE CHIKKARAMAIAH,
AGED MAJOR, HAROHALLI VILLAGE,
MAYASANDRA POST, ATTIBELE HOBLI,
ANEKAL TALUK, BENGALURU-560007.
2. THE BRANCH MANAGER,
CHOLAMANDALAM MS GENERAL INS. CO.LTD.,
Digitally signed by UNIT NO.4, 9TH FLOOR,
AASEEFA PARVEEN LEVEL 6, GOLDEN HEIGHTS COMPLEX,
Location: HIGH
COURT OF 59TH CROSS, RAJAJINAGARA,
KARNATAKA 4TH BLOCK, BENGALURU-560010.
...RESPONDENTS
(BY SRI SAGAR G NAHAR, ADVOCATE FOR
SRI S F GOUTAM CHAND, ADVOCATE FOR R1 (VC),
SRI H S LINGARAJ, ADVOCATE FOR R2 (PH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED. 13.01.2017, PASSED IN MVC
NO.842/2013, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT,
NAGAMANGALA, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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MFA No. 7210 of 2021
THIS APPEAL, COMING ON FOR DISMISSAL THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri. Naveen S., learned counsel who represents Sri.
Karthik V., learned counsel on record for the appellant as well
as Sri. H.S.Lingaraj, learned counsel for respondent No.2 who
appears physically before this Court. Also heard Sri. Sagar G.
Nahar, learned counsel who represents Sri. Goutham Chand
S.F., learned counsel on record for respondent No.1 and
appears through video conference.
2. Seeking enhancement of compensation, this appeal
is filed by the claimant in M.V.C.No.842/2013 which stood
pending before the Motor Accident Claims Tribunal,
Nagamangala and was disposed of on 13.01.2017. There is no
denial of the fact that the appellant sustained a lacerated wound
over left occipital region, an abrasion over the left hand, an
abrasion on right lower part of abdomen, an abrasion over left
arm and abrasion over left elbow, which are all simple in nature.
Equally, there is no dispute that the appellant was treated as
inpatient for a period of three days. The Tribunal, through the
impugned order, awarded a sum of Rs.15,000/- towards pain
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and suffering, Rs.3,000/- towards food, nourishment and
attendant charges and Rs.2,000/- towards medical expenses.
In total, the Tribunal awarded a sum of Rs.20,000/- as
compensation.
3. Learned counsel for the appellant contends that the
amount awarded as compensation is on the lower side and
hence, an appeal is filed for enhancement.
4. Though Sri. Sagar G. Nahar, learned counsel
representing respondent No.1 and Sri. H.S.Lingaraj, learned
counsel for respondent No.2, submit that the amount awarded
as compensation is justifiable, yet both of them contended that
in case the Court intends to award an additional sum, the same
may be minimal. Though the appellant sustained only five
simple injuries, the fact remains that he took treatment as
impatient for a period of three days. The Tribunal failed to
award any amount for conveyance also no amount is awarded
towards loss of earnings. Admittedly, the appellant would not
have attended his normal pursuits atleast for a period of ten
days. Therefore, this Court is of the view that the amount
awarded as compensation is required to be enhanced globally
by Rs.10,000/-.
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5. Thus, the appeal is disposed of with the following:
::ORDER::
i) The appeal is allowed-in-part.
ii) The compensation that is granted by the Motor
Accident Claims Tribunal, Nagamangala through
orders in M.V.C.No.842/2013 dated 13.01.2017
is enhanced by Rs.10,000/- (Rupees Ten
Thousand Only).
iii) The enhanced amount shall carry interest at
the rate of 6% per annum from the date of
petition till the date of deposit except for the
period of delay of 1067 days as per the orders
in I.A.No.1/2022 dated 19.01.2024.
iv) Respondent No.2 is directed to deposit the
enhanced sum within a period of eight weeks
from the date of receipt of a copy of this order.
v) On such deposit, the appellant is permitted to
withdraw the entire amount.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
GJM
