Karnataka High Court
Sri A N Narasimha Murthy vs Smt N Ramya on 25 March, 2025
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NC: 2025:KHC:12612
MFA No. 5352 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 5352 OF 2017 (MV-I)
BETWEEN:
SRI A.N.NARASIMHA MURTHY
S/O NARASIMHAPPA
AGED ABOUT 35 YEARS
R/A UPPARAHALLI VILLAGE
HALE HALLI POST
MANCHENAHALLI HOBLI
GOWRIBIDANUR TLAUK
CHICKBALLAPUR DISTRICT
...APPELLANT
(BY SMT. SUGUNA R REDDY, ADVOCATE)
AND:
1. SMT.N.RAMYA
W/O MADHUSUDHAN
Digitally MAJOR IN AGE
signed by R/A NO.10, 6TH CROSS
SUVARNA T GURUDHARSHAN LAYOUT
Location: VIDHYARANYA PURA
HIGH BANGALORE-97
COURT OF 2. THE BRANCH MANAGER
KARNATAKA BAJAJ ALLIANZ INSURANCE CO. LTD.,
BRANCH OFFICE
GROUND FLOOR, NO.311
T.B.R. TOWER, 1ST CROSS
NEW MISSION ROAD
NEAR BANGALORE STOCK EXCHANGE
BANGALORE-560 027
...RESPONDENTS
(BY SRI.B.PRADEEP, ADVOCATE FOR R2
R1- SERVICE OF NOTICE IS DISPENSED WITH V.C.O.
DT: 30.06.2023)
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NC: 2025:KHC:12612
MFA No. 5352 of 2017
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:26.03.2015 PASSED IN MVC
NO.117/2012 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSE
JUDGE AND MEMBER, MACT, BENGALURU (SCCH.15), 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 SMT. JUSTICE LALITHA KANNEGANTI
ORAL JUDGMENT
Aggrieved by the judgment and award passed in
M.V.C.No.117/2012 dated 26.03.2015 by the XIII Addl. Small
Cause Judge and Motor Accident Claims Tribunal, Bengaluru,
the claimant is before this court.
2. It is stated that the accident had occurred on
10.12.2011 at about 4:30 p.m., the claimant had sustained
injuries and as per the wound certificate the claimant had
suffered fracture shaft of humerous left side, injuries over the
right side of face, injuries on the in flaw orbital area, injuries on
the chin, injuries over the lower lip, injury on the left leg at two
different places, injuries over right maxillary area, loss of 5
teeth and loosening of several teeth from sockets, fracture of
several teeth, fracture of upper anterior segment of maxillary,
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crush injuries on the left hand. As per the orthopedic doctor,
disability to the limb is 35.4% and to the whole body it is 12%.
As per the dentist the disability is 12% for oro facial region.
According to the claimant, she is earning an amount of
Rs.450/- per day and the court had taken Rs.7500/- per month
and the disability was considered at 10% and granted the
compensation of an amount of Rs.3,24,000/- as per the table
given below:
Heads Compensation
Awarded
1. Pain and suffering : Rs. 40,000/-
2. Loss of income during the laid : Rs. 25,000/-
up period, diet, nourishment
and etc
Attendant charges,
3. conveyance and other : Rs. 25,000/-
incidental charges and etc
4. Medical Expenditure : Rs. 10,000/-
5. Loss of future income : Rs. 1,44,000/-
6. Loss of amenities and comfort : Rs. 40,000/-
Permanent physical :
7. Rs. 40,000/-
impairment
TOTAL : Rs. 3,24,000/-
3. The Learned counsel appearing for the claimant
submits that the claimant had sustained several fractures.
Under the head of pain and suffering, the tribunal had granted
only an amount of Rs.40,000/- which is on the lower side.
Further, it is stated that the loss of income during the laid up
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period was also not reasonably granted. Towards loss of future
earning even as per the doctor the disability is 12%, the court
ought to have taken 12% as the disability to the whole body.
Towards the loss of amenities and permanent physical
impairment also the amount needs to be enhanced. Towards
future medical expenses no amount is granted. It is submitted
that the compensation that is awarded is not just and
reasonable.
4. The learned counsel appearing for the respondent/
Insurance Company submits that the trial court had granted
the reasonable compensation and had rightly considered all the
aspects and in fact the compensation that is awarded is on the
higher side and no interference is called for.
5. Having heard the counsels on either side, perused the
entire material on record. Considering the multiple fractures,
this court is granting an amount of Rs.70,000/- under the
head of pain and suffering. Towards loss of income during
laid up period for five months, this court is granting an
amount of Rs.30,000/-. Towards attendant, nourishment,
conveyance, medical expenses and loss of amenities,
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permanent physical impairment the Tribunal had rightly
granted the compensation and this court is not interfering with
the same. Coming to the loss of future income, considering the
injuries and as per the evidence of the doctor, the trial Court
should have taken 12% as a disability and this court is taking
the income at Rs.7,500/-, under the head of loss of future
income this court is granting an amount of Rs.1,72,800/-
(Rs.7,500 x 12 x 16 x 12/100 = Rs.1,72,800/-). Then coming
to the future medical expenses, both doctors i.e., the
Orthopedic as well as a Dental Doctor has stated about the
future medical expenses. Hence, this court is granting an
amount of Rs.40,000/- under the head of future medical
expenses.
6. 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:
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Heads Compensation Compensation
Awarded by Awarded by
Tribunal this Court
1. Pain and suffering : Rs. 40,000/- 70,000/-
2. Loss of income : Rs. 25,000/- 30,000/-
during the laid up
period, diet,
nourishment and etc
Attendant charges,
conveyance and
3. : Rs. 25,000/- 25,000/-
other incidental
charges and etc
4. Medical Expenditure : Rs. 10,000/- 10,000/-
Loss of future :
5. Rs. 1,44,000/- 1,72,800/-
income
Loss of amenities
6. : Rs. 40,000/- 40,000/-
and comfort
Permanent physical :
7. Rs. 40,000/- 40,000/-
impairment
Future Medical :
8. Rs. 00/- 40,000/-
expenses
9. Legal Expenses : Rs. 00/- 10,000/-
TOTAL : Rs. 3,24,000/- 4,37,800/-
i) Accordingly, the appeal filed by the claimant is
partly allowed by enhancing the compensation
from an amount of Rs.3,24,000/- to
Rs.4,37,800/-.
ii) The enhanced amount shall carry interest @ 6%
per annum from the date of petition, till the date
of realization.
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iii) This court by order dated 22.03.2025 had
condoned the delay of 742 days and the
claimant is not entitled for interest during the
delay of 742 days.
iv) Respondent-Insurance Company shall deposit
the compensation amount with accrued interest
before the tribunal within a period of 8 (Eight)
weeks. On such deposit, the claimant is entitled
to withdraw the entire amount without
furnishing any security.
v) The registry is directed to return the Trial Court
Record to the Tribunal along with the certified
copy of the order passed by this court forthwith
without any delay.
vi) No Costs.
Pending miscellaneous petitions, if any, shall stand closed.
SD/-
(LALITHA KANNEGANTI)
JUDGE
TS
