The High Court
Case Details
- 1 - NC: 2025:KHC:17404 MFA No. 280 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 280 OF 2021 (MV-I) BETWEEN: …APPELLANT SRI. KALYANA KUMAR C.B., S/O. BASAVALINGAPPA, AGED ABOUT 44 YEARS, R/AT.NO.26, BELUR TALUK, CHANAPURA, KARAGADA, HASSAN, PIN-573 115. (BY SRI. R. LAKSHMANA, ADVOCATE) AND: 1. AMARESH M., S/O. MUNIYAPPA, NO.14, BAVIKERE, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT, PIN-562123. 2. NATIONAL INSURANCE CO. LTD. BY ITS REGIONAL MANAGER REGIONAL OFFICE, NO.144, 2ND FLOOR, SUBHARAM COMPLEX, M.G.ROAD, BANGALORE-560 001. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA …RESPONDENTS (BY SRI. L. SREEKANTA RAO, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 4177/2018, PASSED IN MVC NO.4177/2018, ON THE FILE OF THE I-ADDITIONAL SMALL CAUSES JUDGE AND MACT, (SCCH-25), BENGALURU, PARTLY ALLOWING THE - 2 - NC: 2025:KHC:17404 MFA No. 280 of 2021 CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
Legal Reasoning
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.4177/2018 dated 17.01.2020 by the I Addl. Small Causes Judge and Motor Accident Claims Tribunal, Bangalore, the claimant is before this Court seeking enhancement of the compensation. 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 08.06.2018 at about 9.30 pm., the claimant was proceeding in a Bajaj CT-100 motorcycle as a pillion rider. The same was driven by his brother on the extreme left side on Bangalore-Tumkur NH-4 service road slowly and cautiously by observing the traffic rules and regulations, at that time suddenly the driver of TATA Ace vehicle came from behind in a rash and negligent manner, endangering to human life without observing any of the traffic rules and regulations and dashed against the aforesaid Bajaj - 3 - NC: 2025:KHC:17404 MFA No. 280 of 2021 CT-100 motorcycle, due to which the claimant and the rider fell down, the wheels of the said TATA Ace vehicle ran on the legs of the claimant. Consequent to which both sustained grievous injuries all over the body. Immediately after the accident, the claimant was shifted to Life line hospital, wherein after first aid treatment due to severe injuries sustained by the claimant for further management referred to M.S. Ramaiah Memorial hospital, Bangalore and there he took treatment as an inpatient. As per the wound certificate, the claimant had sustained right clavicle fracture right scapular neck fracture, multiple ribs fracture, bilateral femur subtrochanteric fracture, right superior pubic rami fracture, left ischiopubic rami fracture, left acetabular posterior column fracture, left humerus mild shaft fracture with radial nerve palsy and other grievous injuries all over the body and he underwent the surgery. As per the evidence of the doctor, he had sustained 30% disability. When it comes to the income, the Tribunal had taken the income at an amount of Rs.18,400/- per month and granted two months income as loss of income during the laid up period. When it comes to the disability, the Tribunal had taken the - 4 - NC: 2025:KHC:17404 MFA No. 280 of 2021 disability at 10% and granted the compensation as per the table given below: Heads Compensation 1. Pain and agony 2. Medical expenses 3. Food, attendant, conveyance, nourishment and other incidental charges etc. Awarded : Rs. : Rs. 50,000/- 48,050/- : Rs. 9,000/- 4. Loss of income during laid up period : Rs. 36,800/- 5. Loss of earning capacity : Rs. 3,09,120/- 6. Loss of future amenities in life : Rs. 20,000/- 7. Future medical expenses : Rs. 50,000/- TOTAL : Rs. 5,22,970/- 3. When this matter was listed before this Court on the last occasion, there was no representation on behalf of the appellant. Hence, the matter was listed today under the caption for ‘dismissal’. Today also there is no representation on behalf of the appellant. Considering the fact that this is an appeal of 2021, this Court is proceeding on the merits of the matter. 4. Learned counsel appearing for respondent No.2/ Insurance Company submits that the Tribunal had rightly - 5 - NC: 2025:KHC:17404 MFA No. 280 of 2021 granted the compensation and no grounds are made out seeking enhancement of the compensation. 5. Having heard the learned counsel for respondent No.2/Insurance Company, perused the material on record. Considering the grievous injuries sustained by the claimant, this Court is granting an amount of Rs.1,00,000/- 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 30 days, this Court is granting an amount of Rs.30,000/-. Coming to the loss of income during the laid up period, this Court is taking the income at an amount of Rs.18,400/- per month and for 4 months, it would come to (18,400X4)=Rs.73,600/-. Coming to the loss of earning capacity, considering the injuries, this Court is inclined to take the disability at 15% which would come to an amount of Rs.4,63,680/- (18,400X12X14X 15/100). This Court is granting an amount of Rs.40,000/- towards loss of amenities. Coming to the future medical expenses, as per the evidence of the doctor, the Tribunal had - 6 - NC: 2025:KHC:17404 MFA No. 280 of 2021 granted an amount of Rs.50,000/- and this Court is granting an amount of Rs.60,000/- towards 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 Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 7. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by the Tribunal Compensation awarded by this Court 1. Pain and agony : Rs. 2. Medical expenses : Rs. 50,000/- 48,050/- 1,00,000/- 48,050/- Food, attendant, conveyance, nourishment and other incidental charges etc. Loss of income during laid up period Loss of earning capacity Loss of future amenities in life Future medical expenses 3. 4. 5. 6. 7. 1 (2014) 11 SCC 178 : Rs. 9,000/- 30,000/- : Rs. 36,800/- 73,600/- : Rs. : Rs. : Rs. 3,09,120/- 4,63,680/- 20,000/- 40,000/- 50,000/- 60,000/- - 7 - NC: 2025:KHC:17404 MFA No. 280 of 2021 8. Legal expenses : Rs. - 10,000/- TOTAL : Rs. 5,22,970/- 8,25,330/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.8,25,330/-. 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.5,22,970/- to Rs.8,25,330/- i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The apportionment of the amount shall be as per the order passed by the Tribunal. iii. 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. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. BN/List No.: 2 Sl No.: 7 SD/- (LALITHA KANNEGANTI) JUDGE