Karnataka High Court
Sri Narayanaswamy vs Sri Prakashan C on 21 March, 2025
-1-
NC: 2025:KHC:12014
MFA No. 7615 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MARCH, 2025
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO.7615 OF 2018(MV-I)
BETWEEN:
SRI. NARAYANASWAMY,
S/O. LATE VENKATAGIRIYAPPA,
AGED ABOUT 35 YEARS,
OCC: MASON,
R/AT KAVARANAHALLI,
S.D.KOTE POST, RABERTSONPET,
BANGARPET TALUK,
KOLAR DISTRICT,
BENGALURU-560 084.
...APPELLANT
(BY SRI. SURESH. M LATUR, ADVOCATE)
AND:
1. SRI. PRAKASHAN C.,
S/O. CHINNASWAMY,
Digitally MAJOR IN AGE,
signed by R/AT.NO.131, NEW NO.22,
SUVARNA T 3RD CROSS, K.K. HALLI,
Location: BENGALURU-560 084.
HIGH
COURT OF 2. THE MANAGER,
KARNATAKA ICICI LOMBARD GENERAL INSURANCE CO LTD.,
HOSUR MAIN ROAD, 2ND FLOOR,
S.V.R. COMPLEX, MADIVALA,
KORAMANGALA,
BENGALURU-560 068.
...RESPONDENTS
(V/O/D 21.08.2024 NOTICE TO R1 IS DISPENSED WITH;
SRI. P.S. JAGADISH, ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 13.04.2018 PASSED IN MVC
-2-
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MFA No. 7615 of 2018
NO.2753/2017 ON THE FILE OF THE III ADDITIONAL JUDGE &
MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU [SCCH-18],
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL JUDGMENT
The present appeal is filed by the claimant aggrieved by
the order passed in M.V.C.No.2753/2017 dated 13.04.2018 by
the III Addl. Judge and Member, Motor Accident Claims
Tribunal, Court of Small Causes, Bengaluru, the appellant/
claimant is before this Court.
2. The claimant had filed the petition seeking
compensation of an amount of Rs.10,00,000/- for the injuries
sustained by him in the accident. It is the case of the claimant
that on 25.04.2017 at about 07.05 p.m., the petitioner was
walking on the left side of the service road from Kavaranahalli
towards Govindapura, near Hennur cross, at that time a motor
cycle came from Nagawara service road with high speed and
dashed against the petitioner, because of the rash and
negligent driving of the driver of the offending vehicle, he had
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sustained fracture injuries to both bones of the right leg and as
per the evidence of the doctor he had sustained 43.3%
disability to the limb and 21.65% disability to the whole body.
According to the claimant, he is earning an amount of
Rs.20,000/- per month, the Tribunal had taken the income at
an amount of Rs.7,500/- and disability at 14%.
3. Basing on the evidence, the Tribunal had granted
the compensation as per the table given below:
Heads Compensation
Awarded
1. Pain and Suffering : Rs. 40,000/-
2. Loss of income during : Rs. 22,500/-
laid up and rest period
3. Medical Expenses : Rs. 10,000/-
4. Loss of future income : Rs. 2,01,600/-
5. Loss of amenities : Rs. 10,000/-
Attendant, Nourishment :
6. and Conveyance Rs. 20,000/-
Charges
7. Future medication : Rs. 20,000/-
TOTAL : Rs. 3,24,100/-
4. Learned counsel appearing for the appellant/claimant
submits that the accident had taken place in the year 2017, the
Tribunal ought to have taken the income at an amount of
Rs.11,000/- per month but, it had taken only an amount of
Rs.7,500/- per month. It is submitted that the Tribunal had not
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taken the disability as stated by the doctor. The claimant is a
mason and the amount granted towards loss of amenities is not
a reasonable amount and he submits that all the heads of
compensation needs to be enhanced.
5. Learned counsel appearing for the respondent No.2/
Insurance Company submits that the Tribunal had rightly taken
14% as disability to the whole body as 1/3rd of 43% i.e.,
disability to the limb. He submits that all heads of
compensation that is awarded by the Tribunal are just and
reasonable and no interference is called for.
6. Having heard the learned counsels on either side,
perused the material on record. The claimant had sustained
fracture of two bones of right leg. Under the head of pain and
sufferings, the Tribunal had granted Rs.40,000/- and this Court
finds no reason to interfere with the same. Then, coming to the
loss of income during the laid up period, as this accident had
taken place in the year 2017, as per the chart prepared by the
Legal Services Authority, this Court is inclined to take the
income at an amount of Rs.11,000/- and for 3 months it would
come to an amount of Rs.33,000/-. Towards the medical
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expenses, the Tribunal had granted an amount of Rs.10,000/-
and this Court finds no reason to interfere with the same. Then,
coming to the loss of amenities, considering the occupation of
the claimant that he is a mason, this Court is granting an
amount of Rs.30,000/- and towards attendant, nourishment,
conveyance charges the Tribunal had rightly granted an
amount of Rs.20,000/- and no interference is called for.
Towards future medication also the Tribunal had rightly granted
an amount of Rs.20,000/- and no interference is called for.
Then coming to the loss of future earnings, this Court is taking
the income at an amount of Rs.11,000/- per month
(11,000x12x16x14/100) it would come to an amount of
Rs.2,95,680/-.
7. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V.MEKALA vs. M. MALATHI AND
ANOTHER , the claimant is entitled for an amount of Rs.10,000/-
towards Legal Expenses.
8. The claimant is therefore, entitled to the compensation
under the following heads:
(2014) 11 SCC 178
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Heads Compensation Compensation
Awarded by Awarded by
Tribunal this Court
1. Pain and Suffering : Rs. 40,000/- 40,000/-
2. Loss of income : Rs. 22,500/- 33,000/-
during laid up and
rest period
3. Medical Expenses : Rs. 10,000/- 10,000/-
Loss of future :
4. Rs. 2,01,600/- 2,95,680/-
income
5. Loss of amenities : Rs. 10,000/- 30,000/-
Attendant, :
Nourishment and
6. Rs. 20,000/- 20,000/-
Conveyance
Charges
7. Future medication Rs. 20,000/- 20,000/-
8. Legal Expenses Rs. - 10,000/-
TOTAL : Rs. 3,24,100/- 4,58,680/-
Enhanced
: Rs. Rs.1,34,580/-
compensation
9 All together, the claimant in MVC.No.2753/2017 is
entitled for compensation of an amount of Rs.4,58,680/-.
Accordingly, the appeal filed by the claimant is Allowed-in-part
by enhancing the compensation from an amount of
Rs.3,24,100/- to Rs.4,58,680/-. The compensation amount
shall be paid by the insurance company.
i) The enhanced amount shall carry interest at
6% per annum from the date of petition till
the date of realization.
ii) The respondent No.2 - insurance company
shall deposit the amount within a period of
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eight weeks from the date of receipt of copy
of the judgment. On such deposit, the
claimant is entitled to withdraw the entire
amount without furnishing any security.
iii) Registry is directed to return the Trial Court
Records to the Tribunal, along with certified
copy of the order passed by this Court
forthwith without any delay.
iv) No costs.
v) Pending miscellaneous petitions, if any, shall
stand closed.
SD/-
(LALITHA KANNEGANTI)
JUDGE
BN
