The High Court
Case Details
- 1 - NC: 2025:KHC:12612 MFA No. 5352 of 2017 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. 5352 OF 2017 (MV-I) BETWEEN: SRI A.N.NARASIMHA MURTHY S/O NARASIMHAPPA AGED ABOUT 35 YEARS R/A UPPARAHALLI VILLAGE HALE HALLI POST MANCHENAHALLI HOBLI GOWRIBIDANUR TLAUK CHICKBALLAPUR DISTRICT (BY SMT. SUGUNA R REDDY, ADVOCATE) …APPELLANT Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA AND: 1. SMT.N.RAMYA W/O MADHUSUDHAN MAJOR IN AGE R/A NO.10, 6TH CROSS GURUDHARSHAN LAYOUT VIDHYARANYA PURA BANGALORE-97 2. THE BRANCH MANAGER BAJAJ ALLIANZ INSURANCE CO. LTD., BRANCH OFFICE GROUND FLOOR, NO.311 T.B.R. TOWER, 1ST CROSS NEW MISSION ROAD NEAR BANGALORE STOCK EXCHANGE BANGALORE-560 027
Legal Reasoning
(BY SRI.B.PRADEEP, ADVOCATE FOR R2 R1- SERVICE OF NOTICE DT: 30.06.2023) IS DISPENSED WITH V.C.O. …RESPONDENTS - 2 - NC: 2025:KHC:12612 MFA No. 5352 of 2017 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:26.03.2015 PASSED IN MVC NO.117/2012 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSE JUDGE AND MEMBER, MACT, BENGALURU (SCCH.15), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 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 judgment and award passed in M.V.C.No.117/2012 dated 26.03.2015 by the XIII Addl. Small Cause Judge and Motor Accident Claims Tribunal, Bengaluru, the claimant is before this court. 2. It is stated that the accident had occurred on 10.12.2011 at about 4:30 p.m., the claimant had sustained injuries and as per the wound certificate the claimant had suffered fracture shaft of humerous left side, injuries over the right side of face, injuries on the in flaw orbital area, injuries on the chin, injuries over the lower lip, injury on the left leg at two different places, injuries over right maxillary area, loss of 5 teeth and loosening of several teeth from sockets, fracture of several teeth, fracture of upper anterior segment of maxillary, - 3 - NC: 2025:KHC:12612 MFA No. 5352 of 2017 crush injuries on the left hand. As per the orthopedic doctor, disability to the limb is 35.4% and to the whole body it is 12%. As per the dentist the disability is 12% for oro facial region. According to the claimant, she is earning an amount of Rs.450/- per day and the court had taken Rs.7500/- per month and the disability was considered at 10% and granted the compensation of an amount of Rs.3,24,000/- as per the table given below: Heads 1. Pain and suffering 2. Loss of income during the laid up period, diet, nourishment and etc Attendant charges, conveyance and other incidental charges and etc 3. 4. Medical Expenditure 5. 6. Loss of future income Loss of amenities and comfort Permanent physical impairment TOTAL 7. Compensation Awarded : Rs. : Rs. 40,000/- 25,000/- : Rs. 25,000/- : Rs. : Rs. : Rs. : Rs. 10,000/- 1,44,000/- 40,000/- 40,000/- : Rs. 3,24,000/- 3. The Learned counsel appearing for the claimant submits that the claimant had sustained several fractures. Under the head of pain and suffering, the tribunal had granted only an amount of Rs.40,000/- which is on the lower side. Further, it is stated that the loss of income during the laid up - 4 - NC: 2025:KHC:12612 MFA No. 5352 of 2017 period was also not reasonably granted. Towards loss of future earning even as per the doctor the disability is 12%, the court ought to have taken 12% as the disability to the whole body. Towards the loss of amenities and permanent physical impairment also the amount needs to be enhanced. Towards future medical expenses no amount is granted. It is submitted that the compensation that is awarded is not just and reasonable. 4. The learned counsel appearing for the respondent/ Insurance Company submits that the trial court had granted the reasonable compensation and had rightly considered all the aspects and in fact the compensation that is awarded is on the higher side and no interference is called for. 5. Having heard the counsels on either side, perused the entire material on record. Considering the multiple fractures, this court is granting an amount of Rs.70,000/- under the head of pain and suffering. Towards loss of income during laid up period for five months, this court is granting an amount of Rs.30,000/-. Towards attendant, nourishment, conveyance, medical expenses and loss of amenities, - 5 - NC: 2025:KHC:12612 MFA No. 5352 of 2017 permanent physical impairment the Tribunal had rightly granted the compensation and this court is not interfering with the same. Coming to the loss of future income, considering the injuries and as per the evidence of the doctor, the trial Court should have taken 12% as a disability and this court is taking the income at Rs.7,500/-, under the head of loss of future income this court is granting an amount of Rs.1,72,800/- (Rs.7,500 x 12 x 16 x 12/100 = Rs.1,72,800/-). Then coming to the future medical expenses, both doctors i.e., the Orthopedic as well as a Dental Doctor has stated about the future medical expenses. Hence, this court is granting an amount of Rs.40,000/- under the head of future medical expenses. 6. 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. The claimant is therefore, entitled to the compensation under the following heads: - 6 - NC: 2025:KHC:12612 MFA No. 5352 of 2017 Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering 2. Loss of income during the laid up period, diet, nourishment and etc Attendant charges, conveyance and other incidental charges and etc 4. Medical Expenditure 3. 5. 6. 7. 8. Loss of future income Loss of amenities and comfort Permanent physical impairment Future Medical expenses : Rs. : Rs. 40,000/- 25,000/- 70,000/- 30,000/- : Rs. 25,000/- 25,000/- : Rs. 10,000/- 10,000/- : Rs. 1,44,000/- 1,72,800/- : Rs. 40,000/- 40,000/- : : Rs. 40,000/- 40,000/- Rs. 00/- 40,000/- 9. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 3,24,000/- 4,37,800/- i) Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.3,24,000/- to Rs.4,37,800/-. ii) The enhanced amount shall carry interest @ 6% per annum from the date of petition, till the date of realization. - 7 - NC: 2025:KHC:12612 MFA No. 5352 of 2017 iii) This court by order dated 22.03.2025 had condoned the delay of 742 days and the claimant is not entitled for interest during the delay of 742 days. iv) Respondent-Insurance Company shall deposit the compensation amount with accrued interest before the tribunal within a period of 8 (Eight) weeks. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. v) The registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this court forthwith without any delay. vi) No Costs. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 28