Karnataka High Court
Smt Madhushree K vs The Assistant Manager on 5 September, 2024
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NC: 2024:KHC:36433
MFA No. 18 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 18 OF 2024 (MV-I)
BETWEEN:
SMT. MADHUSHREE K,
W/O SOMASHEKAR,
AGED ABOUT 45 YEARS,
R/AT 17, NEMMADI NILAYA,
G BLOCK, 3RD STAGE,
VIJAYANAGAR 2ND MAIN,
MYSURU DISTRICT - 570 017.
...APPELLANT
(BY SRI. SYED ABDUL SABOOR, ADVOCATE)
AND:
1. THE ASSISTANT MANAGER,
Digitally ADMINISTRATION,
signed by M/S L AND T TECHNOLOGY SERVICES LTD.,
YAMUNA K L KIADB INDUSTRIAL AREA,
Location: High HEBBALU - 570 018, MYSURU - 570 018.
Court of
Karnataka
2. THE MANAGER,
BAJAJ ALLIANCE GENERAL INSURANCE CO. LTD.,
1335/A, C.D. BLOCK, 1ST FLOOR,
PANCHAMANTRA ROAD,
KUVEMPUNAGARA, MYSURU - 570 023.
...RESPONDENTS
(BY SRI. A.N. KRISHNA SWAMY, ADVOCATE FOR R2;
VIDE ORDER DATED 29.07.2024, NOTICE TO R1 IS
DISPENSED WITH)
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NC: 2024:KHC:36433
MFA No. 18 of 2024
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 07.11.2023 PASSED IN MVC
NO.1494/2022 ON THE FILE OF THE PRL. JUDGE, COURT OF
SMALL CAUSES AS A PRESIDING OFFICER, MACT, SENIOR
CIVIL JUDGE, 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.Syed Abdul Saboor, learned counsel for the
appellant as well as Sri.A.N.Krishna Swamy learned
counsel for respondent No.2.
2. This is a claimants appeal. He disputes the order
that is rendered by the Motor Accidents Claims Tribunal,
Mysuru in M.V.C. No.1494/2022 dated 07.11.2023. The
tribunal through the impugned order awarded a sum of
Rs.5,17,000/- as compensation divided under following
heads:-
NC: 2024:KHC:36433
Heads Amount in Rs.
Pain, Agony and suffering 40,000-00
Loss of amenities and 10,000-00
happiness and
inconvenience
Medical expenses and 1,27,854-00
hospital charges
Loss of earning during laid 31,000-00
up period
Towards Attendant, Food, 5,000-00
Nourishment and other
sundry expenses
Loss of future earnings 2,93,000-00
Future medical expenses 10,000-00
Total 5,16,854-00
Rounded off to 5,17,000-00
3. Dissatisfied with the sum thus awarded, the
appellant is before this Court.
4. Sri.Syed Abdul Saboor, learned counsel arguing
the matter, contends that the appellant sustained grievous
injury due to the accident and PW-2 assessed the disability
as 35.3% in respect of left lower limb. However, the
tribunal took the disability as 9% which is unjustifiable.
Learned counsel also contends that the amount awarded
as compensation under all other heads is grossly low.
NC: 2024:KHC:36433
5. The submission that is made by Sri.A.N.Krishna
Swamy, on the otherhand is that the tribunal taking into
consideration the totality of evidence, has awarded a just
compensation. Learned counsel however contends that the
Court can increase the sum globally, in case it is of the
opinion that the amount awarded under conventional
heads is low.
6. It is not in dispute that the appellant sustained
fracture of left tibia and took treatment as inpatient. Also
it is not in dispute that during the course of treatment for
the fracture sustained to the left tibia, interlocking nailing
was done. A part from the said injury, the appellant also
sustained fracture of proximal phalanx 2nd toe right foot.
Thus, having considered the nature of injuries sustained,
this Court is of the view that the amount awarded under
the head pain and suffering is required to be increased
from Rs.40,000 to Rs.60,000/-. Also the appellant is
entitled to a sum of Rs.20,000/- towards loss of amenities
in life. Further more, the appellant would have taken bed
NC: 2024:KHC:36433
rest atleast for a period of three months. However, the
tribunal awarded a sum of Rs.31,000/- only towards loss
of earnings during laid up period i.e., for a period of two
months. Also the sum awarded i.e., Rs.5,000/- towards
attendant charges, nourishment and other sundry
expenses is low. Therefore, this Court is of the opinion
that a global sum of Rs.50,000/- is required to be granted
in addition to the sum that is awarded by the tribunal as
compensation.
7. 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 Motor
Accidents Claims Tribunal, Mysuru through orders in
M.V.C. No.1494/2022 dated 07.11.2023 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.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
VS
List No.: 1 Sl No.: 42,
CT: BHK
