The High Court
Case Details
- 1 - NC: 2025:KHC:15418 MFA No. 5850 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5850 OF 2018 (MV-I) BETWEEN: SRI. S.DIWAKARA S/O SUBBEGOWDA, AGED ABOUT 48 YEARS R/AT RAMANATHAPURA VILLAGE AND HOBLI, ARAKALGUD TALUK, HASSAN DISTRICT. (BY SRI. JAYAKARA SHETTY H., ADVOCATE) …APPELLANT Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA AND: 1. SRI. MAJU AHAMED MAJOR, S/O.NAZIR AHAMED, R/AT NO.155/1, KEERANAHALLI, PIRIYAPATNA TALUK, MYSORE DISTRICT. (OWNER OF BIKE BEARING NO.KA-45/L9036) 2. THE MANAGER
Legal Reasoning
UNITED INDIA INSURANCE CO. LTD., MICRO OFFICE-2234, NAVYA COMPLEX, B.M.ROAD, PIRIYAPATTANA, REPRESENTED BY ITS THE MANAGER, UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, SRI VENKTESHWARA BUILDING, B.M.ROAD, HASSAN. (BY SRI.B.C.SHIVANNE GOWDA, ADVOCATE FOR R2 R1- SERVED) …RESPONDENTS - 2 - NC: 2025:KHC:15418 MFA No. 5850 of 2018 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:11/07/2017, PASSED IN MVC NO.1283/2015, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MACT, ARKALGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.1283/2015 dated 11.07.2017 by the Senior Civil Judge and Motor Accident Claims Tribunal, Arakalgud claimant is before this court. The claim petition was filed seeking compensation of an amount of Rs.15,00,000/- for the injuries sustained by the claimant in the road traffic accident. 2. It is the case of the claimant that on 25.12.2014 at about 6:20 a.m., when the claimant and one Shivakumar were walking on the left side of the road, near K.E.B Quarters, Ramanathapura, the rider of Hero Honda motor bike came from Ramanathapura side in a rash and negligent manner and dashed against the claimant on the back side. As a result, the claimant fell down and sustained grievous injuries to the head, left hand and both legs and bones got fractured. Immediately, - 3 - NC: 2025:KHC:15418 MFA No. 5850 of 2018 he was provided first aid at Government Hospital, Konanuru and he was taken to S.S.M. Hospital, Hassan and on the advice of the doctor, he was shifted to Nimhans Hospital, Bengaluru and thereafter he was shifted to Fortis Hospital, Bengaluru and there he was admitted as inpatient. The claimant had sustained five injures, in that there are three fractures. 3. The Tribunal had granted the compensation as per the table given below: Heads Compensation Awarded 1. Pain and agony : Rs. 50,000/- 2. Medical expenses : Rs. 1,52,600/- 3. 4. 5. 6. Food, conveyance and attendant charges : Rs. 4,000/- Loss of future income due to disability : Rs. 1,68,000/- Loss of income during laid up period Loss of future amenities : Rs. : Rs. 5,000/- 10,000/- 7. Future treatment : Rs. 75,000/- TOTAL : Rs. 4,64,600/- 4. Learned counsel appearing for the appellant/claimant submits that the Tribunal had taken the income of the claimant at Rs.5,000/- per month and the accident had taken place in the year 2014. It is submitted that on all the heads the - 4 - NC: 2025:KHC:15418 MFA No. 5850 of 2018 compensation that is granted by the Tribunal is on the lower side. Learned counsel submits that according to the doctor, the claimant had sustained permanent disability of 24% to the whole body, but the Tribunal had considered the disability at 20%. 5. Learned counsel appearing for respondent No.2/ Insurance Company submits that based on the evidence, the Tribunal had rightly granted the compensation and no grounds are made out seeking enhancement of the compensation. 6. Having heard the learned counsels on either side, perused the entire material on record. Considering the grievous injuries sustained by the claimant, this Court is granting an amount of Rs.60,000/- towards pain and suffering. Towards medical expenses, the Tribunal had rightly granted the compensation and no interference is called for. Towards food, conveyance and attendant charges, as he was in hospital for 10 days, this Court is granting an amount of Rs.10,000/-. Coming to the loss of income during laid up period, as this accident had taken place in the year 2014, this Court is taking Rs.8,500/- per month as the income of the claimant. Hence, towards loss of income during laid up period, this Court is - 5 - NC: 2025:KHC:15418 MFA No. 5850 of 2018 granting an amount of Rs.25,500/- (Rs.8,500x3). Towards loss of amenities, the Tribunal had not granted any amount. Considering the disability of 24%, this Court is granting an amount of Rs.30,000/- towards loss of amenities. Coming to the future treatment, the Tribunal had rightly granted an amount of Rs.75,000/- and no interference is called for. When it comes to loss of future income, when the doctor has deposed that the claimant has sustained 24% disability to the whole body, the Trial Court had taken 20% as disability without any basis. This Court is inclined to take 24% as disability and an amount of Rs.3,42,720/- (Rs.8,500×12×14×24/100) is granted towards loss of future income due to disability. 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 Another1, 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: 1 (2014) 11 SCC 178 - 6 - NC: 2025:KHC:15418 MFA No. 5850 of 2018 Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and agony : Rs. 50,000/- 60,000/- 2. Medical expenses : Rs. 1,52,600/- 1,52,600/- 3. 4. 5. 6. Food, conveyance and attendant charges : Rs. 4,000/- 10,000/- Loss of future income due to disability : Rs. 1,68,000/- 3,42,720/- Loss of income during laid up period Loss of future amenities 7. Future treatment 8. Loss of amenities 9. Legal expenses : Rs. : Rs. : Rs. : Rs. : Rs. 5,000/- 25,500/- 10,000/- 75,000/- 00/- 00/- 00/- 75,000/- 30,000/- 10,000/- TOTAL : Rs. 4,64,600/- 7,05,820/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.7,05,820/-. 10. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.4,64,600/- to Rs.7,05,820/- 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 eight weeks - 7 - NC: 2025:KHC:15418 MFA No. 5850 of 2018 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. On 15.04.2025, the delay of 278 days is condoned by this Court, on the condition that the claimant will not be entitled for the interest, in case of enhancement. Hence, Insurance Company is not liable to pay the interest for the delay period. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 1