The High Court
Case Details
- 1 - NC: 2025:KHC:13729 MFA No. 7266 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7266 OF 2013 (MV) BETWEEN: SURENDRAN K AGED ABOUT 66 YEARS S/O ANDIKUTTI R/A HOUSE NO.507, 13TH CROSS KUVEMPUNAGARA HASSAN TALUK AND DISTRICT -573 201 (BY SRI. SANDEEPA S.H., ADVOCATE) AND: 1. MANJUNATHA AGED ABOUT 40 YEARS S/O RAGHUNATHA R/A LAXMI NILAYA VIVEKANAGARA HASSAN-573 201 …APPELLANT Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA 2. THE MANAGER THE NATIONAL INSURANCE CO. LTD., 1ST FLOOR MANJUNATHA COMPLEX BUS STAND ROAD HASSAN-573 201
Legal Reasoning
(BY SRI. ASHOK N PATIL, ADVOCATE FOR R2 V/O/D 25/8/2015- APPEAL AGAINST R1 IS DISMISSED) …RESPONDENTS THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.07.2012 PASSED IN MVC NO.1862/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-II, MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 2 - NC: 2025:KHC:13729 MFA No. 7266 of 2013 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 order passed in M.V.C.No.1862/2011 dated 28.07.2012 by the Fast Track Court-II and MACT, Hassan, the appellant/claimant is before this Court seeking enhancement of the compensation. The claim petition was filed seeking compensation of an amount of Rs.10,00,000/- for the injuries sustained by the claimant. 2. It is the case of the claimant that on 11.04.2010, at about 7:15 a.m., when the claimant was standing on the left side of the ring road, Sathyamangala cross, along with his scooty, the driver of Tata sumo drove the same from Salagame ring road and dashed against the claimant. Due to the impact, the claimant sustained grievous injuries. The claimant was admitted to the SC hospital by the driver of the said Tata Sumo himself. 3. The Tribunal had granted compensation of an amount of Rs.1,18,800/- as per the table given below: - 3 - NC: 2025:KHC:13729 MFA No. 7266 of 2013 SL. No. Heads Compensation Awarded 1. Pain and Agony : Rs. 25,000/- 2. Expenses towards medicine including nourishment and attendant charges : Rs. 30,000/- 3. Loss of future earning capacity : Rs. 28,800/- 4. 5. Loss of income during treatment/rest Future medical expenses (No interest for this head) : : Rs. 10,000/- Rs. 15,000/- 6. For unhappy : Rs. 10,000/- TOTAL : Rs. 1,18,800/- 4. There is no representation on behalf of the appellant/claimant. This is an appeal of the year 2013. Hence, this Court is inclined to proceed with the matter basing on the material on record. 5. Learned counsel appearing for respondent No.2/ Insurance Company submits that the compensation that is awarded by the Tribunal is just and reasonable and there are no grounds to interfere with the order passed by the Tribunal. - 4 - NC: 2025:KHC:13729 MFA No. 7266 of 2013 6. Having heard the learned counsel for the respondent No.2/Insurance Company, perused the entire material on record. The claimant had sustained one fracture injury. Hence, the claimant is entitled for an amount of Rs.40,000/- under the head of pain and agony. As far as expenses towards medicine including nourishment and attendant charges are concerned, basing on the evidence on record, the Tribunal had rightly granted an amount of Rs.30,000/-. The Tribunal had taken the income of the claimant at Rs.4,000/- per month and the multiplier at 5 and granted an amount of Rs.28,800/- towards loss of future earning capacity. As this is an accident of the year 2010, as per the chart prepared by the Legal Services Authority, this Court is taking the income at Rs.5,500/- per month and the multiplier applicable is 7. Hence, loss of future earning capacity will come to an amount of Rs.55,440/- (Rs.5,500x12x7x12/100). 7. Coming to the loss of income during treatment/rest, the Tribunal had granted an amount of Rs.10,000/-. This Court is granting an amount of Rs.16,500/- towards loss of income during treatment/rest. Towards future medical expenses, the Tribunal had granted an amount of Rs.15,000/-. - 5 - NC: 2025:KHC:13729 MFA No. 7266 of 2013 This Court is enhancing the same to an amount of Rs.20,000/-. Under the head for unhappy, the Tribunal had granted an amount of Rs.10,000/- and considering the disability, this Court is granting an amount of Rs.20,000/- towards loss of amenities. 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 Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 9. The claimant is therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and Agony : Rs. 25,000/- 40,000/- 2. 3. 4. Expenses towards medicine including nourishment and attendant charges Loss of future earning capacity Loss of income during 1 (2014) 11 SCC 178 : Rs. 30,000/- 30,000/- : Rs. 28,800/- 55,440/- : Rs. 10,000/- 16,500/- - 6 - NC: 2025:KHC:13729 MFA No. 7266 of 2013 treatment/rest Future medical expenses (No interest for this head) 5. 6. For unhappy/Loss of amenities : : Rs. 15,000/- 20,000/- Rs. 10,000/- 20,000/- 7. Legal expenses : Rs. 00/- TOTAL Enhancement : Rs. 1,18,800/- : Rs. 73,140/- 10,000/- 1,91,940/- 10. Altogether, the claimant is entitled for compensation of an amount of Rs.1,91,940/-. 11. Accordingly, the appeal of the claimant is partly allowed enhancing the compensation from an amount of Rs.1,18,800/- to Rs.1,91,940/-. 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. 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. - 7 - NC: 2025:KHC:13729 MFA No. 7266 of 2013 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. On 29.06.2016, the delay of 298 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 of 298 days. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 2