The High Court
Case Details
- 1 - NC: 2025:KHC:15413 MFA No. 483 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. 483 OF 2018 (MV-I) BETWEEN: SRI M.SRINIVASA S/O LATE MAHADEVU, AGED ABOUT 35 YEARS, R/OF HANUMANALU VILLAGE, BANNUR HOBLI, T.NARASIPURA TALUK-571 124 MYSURU DISTRICT (BY SRI. HARSHA S.P., ADVOCATE) AND: 1. SRI MAHESH R.S., S/O SHIVALINGAIAH, MAJOR, R/O RAJEGOWDANADODDI VILLAGE, K. HONNALAGERE POST, MADDUR TALUK, MANDYA DISTRICT-571 403 2. THE MANAGER UNITED INDIA INSURANCE CO. LTD., NEAR SATHYAGRAHA SOUDA, BENGALURU-MYSURU ROAD, SHIVAPURU, MADDURU, MANDYA DISTRICT-571 403 Digitally signed by MEGHA MOHAN Location: High Court Of Karnatka …APPELLANT
Legal Reasoning
(BY SRI.B.C.SEETHARAMA RAO, ADVOCATE FOR R2 V/O/D 17/04/2018, NOTICE TO R2 IS D/W) …RESPONDENTS THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:18.07.2016 PASSED IN MVC NO.597/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SIRANGAPATNA, PARTLY ALLOWING THE CLAIM - 2 - NC: 2025:KHC:15413 MFA No. 483 of 2018 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 Aggrieved by the order passed in M.V.C.No.597/2015 dated 18.07.2016 by the Additional Senior Civil Judge and MACT, Srirangapatna, the appellant/claimant is before this Court seeking enhancement of the compensation. The claim petition was filed seeking compensation of an amount of Rs.21,80,000/- for the injuries sustained by the claimant in the accident. 2. It is the case of the claimant that on 20.04.2015 at about 3:00 p.m., on Bannur-Srirangapatna main road, near Government school at Bus stand at Gende Hosahalli, when the claimant was proceeding in a Hero Honda Passion Pro motor bike along with pillion rider, at that time, the driver of the lorry drove the same at high speed in a rash and negligent manner and hit the motor bike and caused the accident. As a result, the claimant fell down and sustained injuries. - 3 - NC: 2025:KHC:15413 MFA No. 483 of 2018 3. The Tribunal had granted compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain, shock and agony : Rs. 1,00,000/- 2. Medical Expenses : Rs. 3,50,100/- 3. 4. 5. 6. 7. Food, diet, nourishment, conveyance and other incidental expenses Loss of income during treatment period Towards permanent disability Disappointment and discomfort and loss of amenities Future medical expenses TOTAL : Rs. 18,000/- : : : : Rs. 19,500/- Rs. 3,12,000/- Rs. 50,000/- Rs. 15,000/- : Rs. 8,64,600/- 4. Learned counsel appearing for the appellant/claimant submits that the Tribunal had not granted just and reasonable compensation. It is submitted that when the claimant was hospitalized for 28 days, the Tribunal had only granted an amount of Rs.18,000/- towards food, diet, nourishment, conveyance and other incidental expenses. Then coming to the loss of income during the treatment period, the Tribunal ought to have taken the income at Rs.9,000/- per month and towards permanent disability, when the doctor had opined that - 4 - NC: 2025:KHC:15413 MFA No. 483 of 2018 the claimant had sustained 27% disability, the Tribunal had only taken 25% disability and towards loss of amenities also, the amount granted by the Tribunal is not reasonable. 5. Learned counsel appearing for respondent No.2/ Insurance Company submits that the Tribunal had granted reasonable compensation and there are no grounds seeking interference with the well considered order passed by the Tribunal. 6. Having heard the learned counsels on either side, perused the entire material on record. This Court has perused the order passed by the Tribunal. Towards pain, shock and agony and medical expenses, the Tribunal had rightly granted the compensation. Coming to the food, diet, nourishment, conveyance and other incidental expenses, the Tribunal had only granted an amount of Rs.18,000/-. Considering the hospitalization of 28 days, this Court is granting an amount of Rs.28,000/- towards food, diet, nourishment, conveyance and other incidental expenses. Towards loss of income during the treatment period, considering the fact that this accident is of the year 2015, this Court is taking the income of - 5 - NC: 2025:KHC:15413 MFA No. 483 of 2018 the claimant at Rs.9,000/-. Hence, this Court is granting an amount of Rs.27,000/- (Rs.9,000x3) towards loss of income during the treatment period. Then coming to the disability, the Tribunal ought to have taken the disability at 27% as there is evidence of the doctor. Hence, towards permanent disability, this Court is granting an amount of Rs.4,66,560/- (Rs.9,000x12x16x27/100). The Tribunal had rightly granted an amount of Rs.50,000/- towards loss of amenities. This Court is granting an amount of Rs.20,000/- towards future medical expenses. 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 for the compensation under the following heads: SL. No. 1. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court Pain, shock and agony : Rs. 1,00,000/- 1,00,000/- 1 (2014) 11 SCC 178 - 6 - NC: 2025:KHC:15413 MFA No. 483 of 2018 2. Medical Expenses : Rs. 3,50,100/- 3,50,100/- Food, diet, nourishment, conveyance and other incidental expenses Loss of income during treatment period Towards permanent disability Disappointment and discomfort and loss of amenities Future medical expenses 3. 4. 5. 6. 7. : Rs. 18,000/- 28,000/- : : : : Rs. 19,500/- 27,000/- Rs. 3,12,000/- 4,66,560/- Rs. 50,000/- 50,000/- Rs. 15,000/- 20,000/- 8. Legal expenses : Rs. 00/- 10,000/- TOTAL : Rs. 8,64,600 /- 10,51,660/- Enhancement : Rs. 1,87,060/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.10,51,660/-. 10. Accordingly, the appeal of the claimant is partly allowed by enhancing the compensation from an amount of Rs.8,64,600/- to Rs.10,51,660/-. The Insurance Company is liable to pay the compensation. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. - 7 - NC: 2025:KHC:15413 MFA No. 483 of 2018 ii. The respondent No.2 - 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. On 29.05.2019, the delay of 450 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.: 7