SRI KASHI PRASAD RATHI v. MOUNESHWARAPPA

(BY SRI M.B. CHANDRA CHOODA, ADVOCATE) AND: …APPELLANT MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka

1. ICICI LOMBARD GENERAL INSURANCE CO. LTD. T.P. CLAIMS HUB, NO.89 SVR COMPLEX, 2ND FLOOR HOSUR MAIN ROAD, MADIWALA BENGALURU - 560 068.

2. SRI MANJUNATHA SWAMY S/O. DODDAMARIGOWDA AGED MAJOR RESIDING AT NO.78/A, 24TH MAIN ROAD MARENAHALLI, J.P. NAGAR BENGALURU - 560 078. (BY SRI B. PRADEEP, ADVOCATE, FOR R-1, AND VIDE ORDER DATED 25-11-2024, NOTICE TO R-2 IS DISPENSED WITH) …RESPONDENTS - 2 - NC: 2025:KHC:36800-DB MFA No. 6076 of 2019 HC-KAR THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V. ACT, AGAINST THE JUDGMENT AND AWARD DATED 22-9-2018, PASSED IN M.V.C. NO.2576 OF 2015, ON THE FILE OF THE MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-4), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) This appeal is filed by the claimant-injured challenging the judgment and award dated 22-9-2018 passed in M.V.C. No.2576 of 2015 on the file of the Motor Vehicles Accident Claims Tribunal, Bengaluru, whereby, the Tribunal awarded total compensation of Rs.56,56,000/- with interest at the rate of 6% per annum from the date of petition till its realisation.

2. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal. - 3 - NC: 2025:KHC:36800-DB MFA No. 6076 of 2019 HC-KAR

3. Brief facts of the case are that on 23-2-2015 at about 6:40 p.m., when Sri Kashi Prasad Rathi was riding his scooter, bearing Registration No.KA-02 HN-582, from Bangalore Medical College towards National College Circle, on K.R. Road, Basavanagudi, Bengaluru, and when he reached near Prof. Shivashankar Circle, at that time, a rider of the motorcycle, bearing Registration No.KA-20 EU-1469, came in a very high speed and in a rash and negligent manner and dashed against the claimant's scooter. Due to the said impact, the claimant fell down and sustained severe brain injury. This led to registration of an F.I.R. and investigation. Hence, the claimant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Tribunal seeking compensation.

4. Heard Sri M.B. Chandra Chooda, learned counsel for the appellant/claimant, and Sri B. Pradeep, learned counsel for respondent No.1/Insurance Company.

5. Learned counsel for the appellant/claimant has contended that the compensation awarded by the Tribunal is inadequate one. Though the claimant sustained permanent physical disability at 100% to the whole body, but the Tribunal - 4 - NC: 2025:KHC:36800-DB MFA No. 6076 of 2019 HC-KAR has considered it at 60%, which is on lower side. Further, the Tribunal has not awarded any compensation under 'future medical expenses'. Hence, he prayed for enhancement of the compensation.

6. Per contra, the learned counsel for respondent No.1- Insurance Company, supports the impugned judgment and award of the Tribunal and submits that considering the oral and documentary evidence on record, the Tribunal awarded just and reasonable compensation under each head, which does not call for interference at the hands of this Court. Thus, he prayed for dismissal of the appeal.

7. Having heard the learned counsel for the parties and on perusal of the appeal papers, the following point would arise for our consideration in this appeal: Whether the quantum of compensation awarded by the Tribunal just and reasonable or does it call for enhancement?

8. In the instant case, in order to prove the case of the claimant, the claimant examined PWs.1 to 6 and got marked Exs.P1 to P51. From perusal of oral evidence of PWs.1 to 6, - 5 - NC: 2025:KHC:36800-DB MFA No. 6076 of 2019 HC-KAR Exs.P2 to 9-case sheet (8), Ex.P10-X-rays (17), Ex.P11-MRI scan films, Ex.P12-Neuropsychological Assessment Report, Ex.P21-Wound Certificate and Ex.P22-Discharge Summary, it clearly demonstrates that the claimant sustained brain injury. PW2-Dr. Veeresh U. Mathad has assessed the disability at 100% to the whole body. However, the Tribunal considering the nature of injuries, assessed the disability at 60%, which is fair and reasonable one.

9. The Tribunal awarded compensation of Rs.1,00,000/- towards 'pain and sufferings', Rs.50,05,239/- towards 'medical expenses', Rs.1,00,000/- towards 'loss of income during laid-up period', Rs.3,60,000/- towards 'disability' and Rs.50,000/- towards 'food, nourishment and attendant charges' which are fair and reasonable and hence, they are maintained.

10. The Tribunal has awarded Rs.40,000/- towards 'loss of amenities'. Considering the nature of injuries sustained by the claimant and discomfort, we enhance Rs.60,000/- under 'loss of amenities' and since the Tribunal has not awarded any compensation under 'future medical expenses', we award Rs.1,00,000/- under the said head. - 6 - NC: 2025:KHC:36800-DB MFA No. 6076 of 2019 HC-KAR

11. Thus, the appellant/claimant is entitled for the following compensation: HEADS Pain and sufferings Medical expenses Loss of income during laid-up period Disability Loss of amenities Food and nourishment Future medical expense TOTAL Less: Compensation awarded by the Tribunal Rs. 1,00,000.00 50,05,239.00 1,00,000.00 3,60,000.00 1,00,000.00 50,000.00 1,00,000.00 58,15,239.00 56,55,239.00 ENHANCED COMPENSATION 1,60,000.00

12. In the result, we pass the following: O R D E R i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal is modified the extent stated hereinabove. The appellant/claimant is entitled for a total compensation of Rs.58,15,239/- as against Rs.56,55,239/- awarded by the Tribunal with interest at the rate of 6% per annum on the enhanced compensation of Rs.1,60,000/- from the date of filing of the claim petition till the date of its realisation. - 7 - NC: 2025:KHC:36800-DB MFA No. 6076 of 2019 HC-KAR iii. Respondent No.1-Insurance Company is directed to deposit the enhanced compensation amount together with interest within a period of six weeks' from the date of receipt of a copy of this judgment, excluding interest for delayed period of 171 days in filing the appeal. iv. The amount in deposit, if any, shall be transmitted to the Tribunal forthwith. v. Draw a modified award accordingly. vi. No order as to costs. Registry is directed to send a copy of this judgment to the Tribunal, forthwith. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 3