Karnataka High Court
Smt. Jameela vs The Managing Director on 4 September, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
-1-
NC: 2024:KHC:36211
MFA No. 1217 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 1217 OF 2020 (MV)
BETWEEN:
SMT. JAMEELA
W/O ABDUL JABBAR
AGED ABOUT 44 YEARS
R/AT DOOR NO.1, 106-4
SAPNA MANZIL, ARAMBODI VILLAGE
BELTHANGADY TALUK
D.K.DISTRICT-574237
...APPELLANT
(BY SRI. RAVISHANKAR SHASTRY G.,ADVOCATE)
AND:
1. THE MANAGING DIRECTOR
KSRTC, BEJAI, MANGALURU
D.K.DISTRICT-575001.
Digitally signed by 2. K ABOOBAKER
HEMALATHA A S/O LATE KUNHALI
Location: HIGH AGED ABOUT 66 YEARS
COURT OF
KARNATAKA R/AT DOOR NO.19-7-455
ROSARIO CHURCH ROAD
HYDROSE COMPOUND
PANDESHWARA, MANGALURU
D.K.DISTRICT-575001.
3. THE DIVISIONAL MANAGER
NEW INDIA INSURANCE CO. LTD.,
3RD FLOOR, ESSEL CHAMBERS
KARANGALPADY, MANGALURU
D.K.DISTRICT-575003
...RESPONDENTS
-2-
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MFA No. 1217 of 2020
(BY SMT. LALITHA P.,ADVOCATE FOR R1[ABSENT]:
NOTICE TO R2 & R3 ARE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 27.03.2019
PASSED IN MVC NO. 477/2016 ON THE FILE OF THE PRL.
SENIOR CIVIL JUDGE AND MACT, MANGALURU D.K, 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 MR JUSTICE H.T. NARENDRA PRASAD
ORAL JUDGMENT
This appeal under Section 173(1) of Motor Vehicles
Act, 1988 (hereinafter referred to as 'the Act') has been
filed by the claimant being aggrieved by the judgment
dated 27.03.2019 passed by the Motor Accident Claims
Tribunal and Principal Senior Civil Judge, Mangaluru, D.K.,
(hereinafter referred to as 'the Tribunal') in MVC
No.477/2016.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 16.12.2015 at about 7.30 p.m., when
the claimant was proceeding as a pillion rider on
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motorcycle bearing registration No.KA-19/EA-9248 near
Adyar Garden on Mangaluru - B.C.Road, at that time, a
KSRTC bus bearing registration No.KA019/F-3265 being
driven by its driver at a high speed and in a rash and
negligent manner, dashed to the vehicle of the claimant.
As a result of the aforesaid accident, the claimant
sustained grievous injuries and was hospitalized.
3. The claimant filed a petition under Section 166 of
the Act, seeking compensation. It was pleaded that she
spent significant amount towards medical expenses,
conveyance charges and other related costs. It was further
pleaded that the accident occurred solely on account of
rash and negligent driving of the offending vehicle by its
driver.
4. Upon service of notice, the respondent Nos. 1 and
2 appeared through counsel and filed written statement
denying the averments made in the claim petition.
5. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter, recorded
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the evidence. The claimant, in order to prove the case,
examined herself as PW-1, and got exhibited documents
namely Ex.P1 to Ex.P13. On behalf of the respondents, no
witness was examined but got exhibited one document
namely Ex.R1. The Claims Tribunal, by the impugned
judgment, inter alia, held that the accident took place on
account of rash and negligent driving of the offending
vehicle by its driver, as a result of which, the claimant
sustained injuries. The Tribunal further held that the
claimant is entitled to a compensation of Rs.1,16,748/-
along with interest at the rate of 6% p.a. and directed the
Corporation to deposit the compensation amount along
with interest. Being aggrieved, the present appeal has
been filed.
6. The learned counsel for the claimant submits that
due to the accident the claimant has sustained grievous
injuries. She was treated as inpatient for a period of 23
days. Even after discharge from the hospital, she was not
in a position to discharge her regular work. She has
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suffered lot of pain during treatment. Considering the
same, the compensation awarded by the Tribunal under
the heads of 'loss of amenities', 'pain and sufferings' and
other incidental expenses are on the lower side. Hence,
he sought to allow the appeal.
7. When the matter was called in the morning
session, none appeared for the respondent. Hence, the
matter was passed over. Even in the afternoon session
also none appeared for the respondent.
8. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal.
9. It is not in dispute that the claimant has sustained
injuries in the road traffic accident occurred on 16.12.2015
due to rash and negligent driving of the offending vehicle
by its driver.
10. Due to the accident, the claimant has suffered
grievous injuries and also undergone surgery. She has
suffered lot of pain during the treatment period and she
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has to suffer the disability throughout her life. Considering
the prolonged pain during treatment as well as the
permanent disability certified by the doctor, I am inclined
to enhance the compensation awarded by the Tribunal
under the head of 'pain and sufferings' from Rs.12,500/-
to Rs.40,000/- and she is entitled to compensation under
the head of 'loss of amenities' at Rs.30,000/-. She is also
entitled for 'loss of earnings during laid up period' for a
period of two months. For the accident occurred in the
year 2015, the notional income has to be assessed at
Rs.9,000/- per month. Accordingly, she is entitled for a
compensation of Rs.18,000/- (Rs.9,000*2) under the said
head.
11. Considering the nature of injuries, the
compensation awarded by the Tribunal under other heads
is just and reasonable.
12. Thus, the claimant is entitled to the following
compensation:
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As awarded As awarded
by the by this
Compensation under
Tribunal Court
different Heads
(Rs.) (Rs.)
Pain and sufferings 12,500 40,000
Medical expenses 84,698 84,698
Food, nourishment, 19,550 19,550
conveyance and
attendant charges
Loss of income during 0 18,000
laid up period
Loss of amenities 0 30,000
Total 116,748 192,248
13. In the result, the following order is passed:
ORDER
(i) The appeal is allowed in part.
(ii) The judgment of the Claims Tribunal is modified.
(iii) The claimant is entitled to a total compensation of
Rs.1,92,248/- as against Rs.1,16,748/- awarded by the
Tribunal.
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(iv) The Corporation is directed to deposit the
compensation amount along with interest @ 6% p.a. from
the date of filing of the claim petition till the date of
realization, within a period of six weeks from the date of
receipt of a copy of this judgment.
(v) In view of the order dated 14.03.2022 passed by
this Court, the claimant is not entitled to interest on the
enhanced compensation for the delayed period of 133
days in filing the appeal.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
CM
