Karnataka High Court
Sri. Venkatamuniyappa vs M/S. K. G. International School on 10 September, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2024:KHC:36861
MFA No. 10266 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 10266 OF 2018(MV)
BETWEEN:
SRI. VENKATAMUNIYAPPA
S/O. LATE MUNIYAPPA
AGED ABOUT 53 YEARS
R/AT C/O. APPAIAH S/O YELLAPPA
KANAKANA PALYA, KOLAR.
...APPELLANT
(BY SMT. SUGUNA R REDDY.,ADVOCATE)
AND:
1. M/S. K. G. INTERNATIONAL SCHOOL
REPRESENTED BY HEAD MASTER
CHATRAKODIHALLI VILLAGE, KOLAR.
2. THE BRANCH MANAGER
M/S. NATIONAL INSURANCE CO. LTD.,
"BINDU", NEAR DOOM LIGHT CIRCLE
NEW EXTENSION, KOLAR.
Digitally signed by ...RESPONDENTS
HEMALATHA A (BY SRI.B.V ANANDA.,ADVOCATE FOR R1:
Location: HIGH
COURT OF SRI. JANARDHAN REDDY, ADVCOATE FOR R2)
KARNATAKA
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:19.07.2018
PASSED IN MVC NO.58/2015 ON THE FILE OF THE PRL.
SENIOR CIVIL JUDGE AND CJM, MACT, KOLAR, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
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MFA No. 10266 of 2018
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL JUDGMENT
1. This appeal under Section 173(1) of Motor Vehicles
Act, 1988 (hereinafter referred to as 'the Act') has been
filed by the claimant challenging by the judgment dated
19.07.2018 passed by MACT, Kolar in MVC No.58/2015.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 04.12.2014 when the claimant as a
pillion rider along with his son was proceeding on Hero
Honda Splendor motorcycle bearing registration No.KA-08-
S-2219 towards Omkara Kshethra Temple situated at
Hanchala Village, Bangarpet Taluk from his village i.e.
A.Gollahalli Village of Bangarpet Taluk. When they reached
near Karyappa School, Hanchala Village, at that time, the
driver of the School Bus bearing registration No.KA-51-
1562 came from opposite direction in a rash and negligent
manner, due to which, the rider of the bike fell towards
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right side of the road and dashed as against the Bus. 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 he 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.2 and 3
appeared through counsel and filed written statement
denying the averments made in the claim petition. The
respondent No.1, despite service of notice, did not appear
before the Tribunal and was placed ex-parte.
5. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter, recorded
the evidence. The Tribunal, by impugned judgment and
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award has partly allowed the claim petition and held that
the claimant is entitled to a compensation of Rs.62,500/-
along with interest at the rate of 6% p.a. and directed the
Insurance Company to deposit the compensation amount
along with interest with liberty to recover the same from
the owner of the offending vehicle. Being aggrieved, the
present appeal has been filed.
6. The learned counsel for the claimant has submitted
that due to the accident, the claimant has sustained
grievous injuries. He was treated as inpatient for a period
of 7 days. Even after discharge from the hospital, he was
not in a position to discharge his regular work. He has
suffered lot of pain during treatment. Considering the
same, the compensation awarded by the Tribunal under
the heads of 'pain and sufferings' and other incidental
expenses are on the lower side. The Tribunal has failed to
grant any compensation under the heads of 'loss of
amenities' and 'loss of income during the laid up period'.
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With the above contention, the learned counsel
sought to allow the appeal.
7. On the other hand, the learned counsel for the
Insurance Company has submitted that the injuries
suffered by the claimant are minor in nature. He was
inpatient in the hospital only for a period of 7 days and he
has not examined the doctor. Considering the injuries
sustained by the claimant and considering the age and
avocation of the claimant, the overall compensation
awarded by the Tribunal is just and reasonable and it does
not warrant interference.
With the above contention, the learned counsel
sought to dismiss the appeal.
8. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal.
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9. It is not in dispute that the claimant has sustained
injuries in the road traffic accident occurred on
04.12.2014ue to rash and negligent driving of the
offending vehicle by its driver.
10. Due to the accident, the claimant has suffered injury
over his face and left hand, fracture head of V.Metacarpal
and fracture bone of P.Middle finger. He was hospitalized
as an inpatient for more than 7 days in the hospital.
Considering the prolonged pain during treatment, I am
inclined to enhance the compensation awarded by the
Tribunal under the head of 'pain and sufferings' from
Rs.20,000/- to Rs.40,000/-. The claimant is also entitled
for the compensation of Rs.40,000/- under the head of
'loss of amenities' and Rs.20,000/- is awarded under the
head of 'loss of income during the laid up period'.
11. Considering the nature of injuries, the compensation
awarded by the Tribunal under other heads is just and
reasonable.
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12. Thus, the claimant is entitled to the following
compensation:
As awarded As awarded
by the by this
Compensation under Tribunal Court
different Heads
(Rs.) (Rs.)
Pain and sufferings 20,000 40,000
Medical expenses 35,500 35,500
Food, nourishment, 7,000 7,000
conveyance and
attendant charges
Loss of income during 0 20,000
laid up period
Loss of amenities 0 40,000
Total 62,500 1,42,500
13. In the result, the following order is passed:
ORDER
a) The appeal is allowed in part.
b) The judgment of the Claims Tribunal is modified.
c) The claimant is entitled to a total compensation of
Rs.1,42,500/-.
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d) The Insurance Company 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 copy of this
judgment with liberty to recover the same from the
owner of the offending vehicle.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
HA
