The High Court
Case Details
- 1 - NC: 2025:KHC:15409 MFA No. 6415 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. 6415 OF 2018 (MV-I) BETWEEN: SHAHIDA BEGUM @ SAIDA W/O SYED ANJATH 44 YEARS, R/AT NO.1 PIPE LINE ROAD, MAGADI MAIN ROAD, ANJANA NAGAR VISHWANEEDAM BANGALORE-560 091 (BY SRI. R.SHASHIDHARA, ADVOCATE) …APPELLANT AND: 1. K. MURALI S/O A KEMPAIAH MAJOR R/AT NO.2, BILESHIVALE SHIVARAMAKARANTH NAGAR POST BANGALORE-560 077 Digitally signed by MEGHA MOHAN Location: High Court Of Karnatka 2. THE DIVISIONAL MANAGER THE UNITED INDIA INSURANCE CO. LTD., NO.40/3, GEETHA MANSION K.G. ROAD, BANGALORE-560 009
Legal Reasoning
(BY SRI.Y.K.SHESHAGIRI RAO, ADVOCATE FOR R2 V/O/D 6/2/2019, NOTICE TO R1 D/W) …RESPONDENTS THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:02.01.2018 PASSED IN MVC NO.694/2017 ON THE FILE OF THE 3RD ADDITIONAL SENIOR CIVIL JUDGE & MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), 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: - 2 - NC: 2025:KHC:15409 MFA No. 6415 of 2018 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.694/2017 dated 02.01.2018 by the III Additional Senior Civil Judge and Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru (SCCH-18), the appellant/claimant is before this Court seeking enhancement of the compensation. 2. The claim petition was filed seeking compensation of an amount of Rs.20,00,000/- for the injuries sustained by the claimant in the road traffic accident. It is the case of the claimant that on 04.09.2016, at about 04:00 p.m., the claimant and her daughter were proceeding as pedestrian on the left side of the road in front of H.P.Petrol Bunk, Byadarahalli, Magadi Main Road, Bengaluru, at that time, the rider of the motorcycle came from back side in a rash and negligent manner and dashed to the claimant. As a result, the claimant fell down and sustained severe injuries. Immediately after the accident, the claimant was shifted to S.S.G Hospital, Bangalore, wherein she has taken first aid and thereafter she was shifted to Victoria hospital, Bengaluru for treatment and later, she was - 3 - NC: 2025:KHC:15409 MFA No. 6415 of 2018 shifted to Padmavathi hospital, Bengaluru, wherein she had taken treatment as an inpatient and underwent surgery. 3. The Tribunal had awarded the compensation as per the table given below: Heads Compensation Awarded 1. Loss of future earning : Rs. 1,39,000/- 2. Pain and suffering 3. Loss of amenities : Rs. : Rs. 30,000/- 10,000/- 4. Attendant, nourishment and conveyance charge : Rs. 15,000/- 5. Medical expenses : Rs. 1,25,000/- 6. 7. Loss of income during laid up period : Rs. 15,000/- Future medical expenses TOTAL : Rs. 20,000/- : Rs. 3,54,000/- 4. Learned counsel appearing for the appellant/claimant submits that the Tribunal had considered the income of the claimant at Rs.7,500/- per month and the Court ought to have taken the income at Rs.9,500/- per month. Under the head of pain and suffering, an amount of Rs.30,000/- granted by the Tribunal for the two fracture injuries sustained by the claimant is on the lower side. Further, the Tribunal had not considered the income properly and towards the loss of amenities, the Tribunal had granted an amount of Rs.10,000/- which is also on - 4 - NC: 2025:KHC:15409 MFA No. 6415 of 2018 the lower side. It is submitted that when the doctor's evidence is that the claimant had sustained 17% disability to the whole body, the Tribunal had taken the disability at 11%, hence it requires enhancement. 5. Learned counsel appearing for respondent No.2/ Insurance Company submits that based on the evidence, the Tribunal had rightly granted the compensation and no grounds are made out seeking enhancement of the compensation. 6. Having heard the learned counsels on either side, perused the entire material on record. Considering the grievous injuries that are sustained by the claimant, this Court is granting an amount of Rs.60,000/- under the head of pain and suffering. Then coming to the loss of future earning, the Tribunal ought to have taken 17% as disability to the whole body and without any basis, the Tribunal had taken 11% as disability. Considering the fact that this is an accident of the year 2016, this Court is considering the income at Rs.9,500/- per month. Hence, this Court is granting an amount of Rs.2,71,320/- (Rs.9,500x12x14x17/100) towards loss of future earning. Coming to the loss of income during the laid up period, an amount of Rs.28,500/- (Rs.9500x3) is - 5 - NC: 2025:KHC:15409 MFA No. 6415 of 2018 granted. Considering the disability of 17%, this Court is granting an amount of Rs.30,000/- towards loss of amenities. The Tribunal had granted an amount of Rs.1,25,500/- towards medical expenses, an amount of Rs.20,000/- towards future medical expenses, an amount of Rs.15,000/- towards attendant, nourishment and conveyance charges and no interference is called for. 7. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of future : Rs. 1,39,000/- 2,71,320/- earning 2. Pain and suffering 3. Loss of amenities : Rs. : Rs. 30,000/- 10,000/- 60,000/- 30,000/- 4. Attendant, nourishment and conveyance charges : Rs. 15,000/- 15,000/- 5. Medical expenses : Rs. 1,25,000/- 1,25,000/- 6. 7. Loss of income during laid up period Future medical expenses TOTAL : Rs. 15,000/- 28,500/- : Rs. 20,000/- 20,000/- : Rs. 3,54,000/- 5,49,820/- Enhancement : Rs. 1,95,820/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.5,49,820/-. - 6 - NC: 2025:KHC:15409 MFA No. 6415 of 2018 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.3,54,000/- to Rs.5,49,820/-. 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. iii. On 01.12.2022, the delay of 106 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. The apportionment of the amount shall be as per the order passed by the Tribunal. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. MEG/List No.: 1 Sl No.: 3 Sd/- (LALITHA KANNEGANTI) JUDGE