The High Court
Case Details
- 1 - NC: 2025:KHC:12588 MFA No. 1499 of 2014 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. 1499 OF 2014 (MV) …APPELLANT BETWEEN: SUDHIR RAO 42 YEARS, S/O SUNANDA GANIGA VIGNESHWARA HOUSE, REBELLO COMPOUND, P.O. SANTHEKATTE, UDUPI DISTRICT-576 101 (BY SMT.ANANYA RAI, ADVOCTE FOR SRI. VYASA RAO K.S., ADVOCATE) AND: 1. SHILA SANKARAPPA OWRADY 34 YEARS, S/O SANKRAPA OWRADY, R/AT OWRADY, SIMPIGIRI TALUK, BAGALKOT DISTRICT 2. SENIOR DIVISIONAL CONTROLLER, NORTH WEST KSRTC, CHIKKODI DIVISION P.O. CHIKKODI 3. THE BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD., BANGALORE BRANCH, 2ND FLOOR, RAJKUMAR ROAD, BANGALORE-560 010 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA (BY SRI. K.SURESH, ADVOCATE FOR R3 SMT.H.R.RENUKA, ADVOCATE FOR R2 R1- SERVICE OF NMOTICE IS D/W V.C.O. DT: 05.02.2020) …RESPONDENTS - 2 - NC: 2025:KHC:12588 MFA No. 1499 of 2014 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.11.2013 PASSED IN MVC NO.168/2012 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ‘DISMISSL’, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
Legal Reasoning
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.168/2012 dated 28.11.2013 by the Principal Senior Civil Judge and Addl. Motor Accidents Claims Tribunal, Udupi, the claimant is before this Court seeking enhancement of the compensation. 2. It is the case of the claimant that on 19.10.2011, the claimant was proceeding in his Toyota Innova car from Udupi to Mangalore side, near Canara bank at Thenka Yermal Village, a KSRTC bus came from the opposite direction in a rash and negligent manner and dashed against the claimant’s car and the claimant sustained grievous injuries. Immediately, he was shifted to Hi Tech Hospital, Udupi. As per the wound certificate, the claimant had sustained fracture of left tibia, fracture shaft femur right blunt injury abdomen, fracture distal radius right, fracture femur shaft left, fracture neck of femur - 3 - NC: 2025:KHC:12588 MFA No. 1499 of 2014 left. He was aged about 40 years as per the wound certificate. He had taken inpatient treatment from 19.10.2011 to 05.11.2011. He had underwent surgery of closed IL nailing left tibia and right femur, closed recon nailing left femur and ORIF distal end radius right with TLCP. Again he was re-admitted on 08.11.2011 to 03.12.2011, at that time he had underwent physiotherapy. Thereafter, he continued treatment as outpatient. The Tribunal had granted an amount of Rs.75,000/- towards pain and suffering, towards medical expenses an amount of Rs.2,40,000/- was granted and towards conveyance and nourishment an amount of Rs.5000/- was granted and for the removal of implant surgery of left Tibia, an amount of Rs.15,000/- was granted. When it comes to the loss of income, the Tribunal had considered the income at an amount of Rs.6000/- per month and granted an amount of Rs.24,000/- for 4 months period. Towards future loss of income, according to the evidence of the doctor the claimant had sustained disability of 19.17% to the lower limb, 13.05% to the right upper limb, 15.33% to the right lower limb and all together he had sustained 47% disability and the Tribunal had considered 16% - 4 - NC: 2025:KHC:12588 MFA No. 1499 of 2014 disability and granted an amount of Rs.1,72,800/- and towards loss of amenities an amount of Rs.16,000/- was granted. 3. Basing on the evidence, the Tribunal had granted the compensation as per the table given below: Sl. No. Heads Pain and agony 1. 2. Medical Expenses 3. Nourishment 4. Conveyance 5. 6. 7. 8. Loss of income during treatment period Loss of earning capacity Loss of amenities Future medical expenses TOTAL Compensation Awarded : Rs. 75,000/- : Rs. 2,40,000/- 3,000/- : Rs. : Rs. 2,000/- : Rs. 24,000/- : Rs. 1,72,800/- : Rs. : Rs. 16,000/- 15,000/- : Rs. 5,47,800/- 4. Altogether the Tribunal had granted compensation of an amount of Rs.5,47,800/-. Aggrieved thereby the appellant is before this Court seeking enhancement of the compensation. 5. Learned counsel appearing for the claimant/ appellant submits that the Tribunal considering the multiple injuries and the hospitalization, under the head of pain and - 5 - NC: 2025:KHC:12588 MFA No. 1499 of 2014 sufferings, the amount granted by the Tribunal is not a reasonable amount. Towards medical expenses also, all the medical bills that are placed before the Tribunal was not a considered one. Considering the hospitalization of 45 days, under the head of nourishment, attendants and other charges, the amount that is granted by the Tribunal is on the lower side. It is further submitted that according to the claimant, his income is an amount Rs.12,000/- per month and in that regard, he had examined the employer which shows the income of the claimant and the Tribunal had discarded the same and considered the income at an amount of Rs.6,000/- per month which is on the lower side. The disability is taken at 16% and the evidence of the doctor shows that he is a driver and it is difficult for him to drive the vehicle. In that case, taking the disability to the whole body at 16% is also on the lower side. Towards loss of amenities, further medical expenses, the amount granted by the Tribunal is not a well considered one and needs to be enhanced. 6. Learned counsel appearing for respondent No.3/ Insurance Company submits that the doctor who had examined the claimant has given the evidence stating that it is little - 6 - NC: 2025:KHC:12588 MFA No. 1499 of 2014 difficult but, he never said that it is impossible and once the implants are removed, he will be in a better position. It is submitted that the Tribunal had rightly taken the disability at 16% and granted the compensation. Even under the head of pain and agony also the amount that is granted by the Tribunal is on the higher side and no enhancement is called for. 7. Having heard the counsels on either side, perused the material on record. This Court has perused the wound certificate and the injuries that are sustained by the claimant, in that view of the matter, under the head of pain and sufferings, this Court is granting an amount of Rs.1,00,000/-, then towards medical expenses, the Tribunal had considered the medical bills that are available on record and granted an amount of Rs.2,40,000/- and the calculation that is arrived by the Tribunal is just and reasonable one and no interference is called for. Then coming to the nourishment, conveyance and attendant charges, considering the 45 days of hospitalization, this Court is granting an amount of Rs.45,000/- and coming to the loss of income during the laid up period, according to the claimant, he is earning an amount of Rs.12,000/- per month, the Tribunal had taken an amount of Rs.6,000/- as income. He - 7 - NC: 2025:KHC:12588 MFA No. 1499 of 2014 had examined the employer and no other material is placed. It is the argument of the learned counsel that it is not possible to place any other evidence. In the considered opinion of this Court, the Tribunal had rightly not considered the evidence of the employee. As the accident had taken place in the year 2011, this Court is taking the income of an amount of Rs.6,500/- per month. Coming to the disability, he had sustained multiple fractures and particularly to the limbs and as per the doctor’s evidence, this Court instead of taking 1/3rd of 16% disability, is inclined to take 25%, towards the loss of income during the laid up period (Rs.6,500x12x15x25/100)= Rs.2,92,500/-. Then coming to the loss of income during the laid up period (Rs.6500x5) is Rs.32,500/-. Considering the injuries, towards loss of amenities this Court is granting an amount of Rs.30,000/-. Towards future medical expenses for removal of the implants Rs.30,000/- is granted. 8. 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 - NC: 2025:KHC:12588 MFA No. 1499 of 2014 9. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and sufferings : Rs. 75,000/- 2. Medical Expenses : Rs. 2,40,000/- 1,00,000/- 2,40,000/- 3. 4. 5. Nourishment and Conveyance charges : Rs. 5,000/- 45,000/- Loss of income during treatment period : Rs. 24,000/- 32,500/- Loss of income during laid up period (6500X12X15X25/100) : Rs. 1,72,800/- 2,92,500/- 6. Loss of amenities : Rs. 16,000/- 30,000/- 7. Future medical expenses 8. Legal expenses : Rs. 15,000/- 30,000/- : Rs. - 10,000/- TOTAL : Rs. 5,47,800/- 7,80,000/- 10. All together, the claimant in MVC.No.168/2012 is entitled for compensation of an amount of Rs.7,80,000/-. Accordingly, the appeal filed by the claimant is Allowed-in- part by enhancing the compensation amount from an amount of Rs.5,47,800/- to Rs.7,80,000/- and the insurance company is liable to pay the compensation. - 9 - NC: 2025:KHC:12588 MFA No. 1499 of 2014 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.3-insurance company shall deposit the amount within a period of 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 List No.: 1 Sl No.: 17