SRI. V. L. SIDDAIAH v. SRI. GANGARAJU. M. B
Case at a glance
Outcome
Allowed
Appeal is allowed in part
Provisions considered
- Motor Vehicles Act, 1988 s. 173(1)
Key paragraphs
- Para 88. In the result, the following order is passed: i. ii. ORDER Appeal is allowed in part. The judgment and award dated 04.01.2024 passed in MVC No.119/2021 on the file of the Principal Senior Civil Judge & CJM, Additional MACT, Ramanagara, is modified. iii. The…
Judgment
(BY SRI. MALLIKARJUNA REDDY N. A., ADVOCATE FOR SRI. B. C. SHIVANNE GOWDA., ADVOCATE FOR R2; V/O/D 13.03.2026 NOTICE TO R1 IS D/W) …RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.01.2024 PASSED IN MVC NO.119/2021 ON THE FILE OF THE PRL SENIOR CIVIL JUDGE AND CJM, ADDITIONAL MACT, RAMANAGARA, 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 04.01.2024 passed in MVC No.119/2021 on the file of the Principal Senior Civil Judge & CJM, Additional MACT, Ramanagara, for enhancing compensation. - 3 - NC: 2026:KHC:15205 MFA No. 3168 of 2024 HC-KAR
Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience.
The petitioner/injured claimant met with an accident on 02.03.2021 and filed petition before the Tribunal for compensation of Rs.75,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.8,11,800/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed and mainly contended that the amounts granted under the other heads are meagre. Therefore, requested for enhancement of compensation.
Though it is stated that the petitioner/injured was earning Rs.50,000/- per month, he has not filed any income proof. As he met with an accident in the year 2021, the Tribunal has rightly considered his notional income at Rs.15,000/- per month. The petitioner/injured was aged 67 - 4 - NC: 2026:KHC:15205 MFA No. 3168 of 2024 HC-KAR years and the multiplier is ‘5’. He sustained the following injuries:
Malunion of fracture of right tibia with implants in situ;
2. Shortening of right lower limb by 3 cms
3. Restriction of right knee movements;
4. Difficulty in walking over irregular surfaces,
Difficulty in walking over irregular surfaces, climbing stairs, squatting.
5. As per the disability certificate issued by PW.2, the disability has been assessed at 21%. The Tribunal has rightly considered the said disability and awarded a sum of Rs.1,89,000/- towards loss of future earning capacity and the same is not in dispute. The Tribunal has also awarded a sum of Rs.4,97,785/- towards medical expenses and the said amount is confirmed. As per the discharge summaries, the petitioner was hospitalized for more than 30 days. It is a case of malunion of fracture and shortening of the right lower limb by 3 cm. Considering the period of hospitalization, nature of injuries and other relevant factors, this Court finds it reasonable to award a sum of Rs.60,000/- towards pain and suffering, - 5 - NC: 2026:KHC:15205 MFA No. 3168 of 2024 HC-KAR Rs.30,000/- towards loss of amenities and Rs.40,000/- towards transportation, extra nourishment and attendant charges. The petitioner might not have attended to any other work at least for a period of four months. Therefore, a sum of Rs.60,000/- (Rs.15,000 x 4) is awarded under the head loss of income during the laid-up period.
Thus in all, compensation awarded by this Court is as below: Sl.Nos. Particulars Amount in Rs.
1. Towards pain and suffering 60,000/- 2 3 4 5
6. Towards medical expenses 4,97,785/- Towards loss of amenities Towards transportation, extra nourishment attendant charges Towards loss of income during laid up period Towards loss of future earning capacity 30,000/- 40,000/- 60,000/- 1,89,000/- Total 8,76,785/- - 6 - NC: 2026:KHC:15205 MFA No. 3168 of 2024 HC-KAR
Hence, the appellant-claimant is entitled for a total compensation of Rs.8,76,785/- along with interest at the rate of 6% p.a.
Operative part
In the result, the following order is passed: i. ii. ORDER Appeal is allowed in part. The judgment and award dated 04.01.2024 passed in MVC No.119/2021 on the file of the Principal Senior Civil Judge & CJM, Additional MACT, Ramanagara, is modified. iii. The claimant is entitled to a sum of Rs.8,76,785/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.8,11,800/- granted by the Tribunal. iv. Respondent No.2/Insurance Company has already deposited the awarded amount before Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.64,985/- - 7 - NC: 2026:KHC:15205 MFA No. 3168 of 2024 HC-KAR along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 6
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Appeal is allowed in part
Which statutory provisions did this judgment involve?
Motor Vehicles Act, 1988 — s. 173(1).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.