The High Court
Case Details
- 1 - NC: 2025:KHC:10298 MFA No. 2214 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 2214 OF 2014 (MV-I) BETWEEN: SHANKARA @ SHANKARAPPA, S/O MUNIYAPPA, N.18, J.J. NAGAR, BANGALORE. AND ALSO RESIDING AT NO.174, NAYANAHALLI, CHIKKABALLAPURA TALUK, KOLAR DISTRICT - 563 101. (BY SRI. CHANDRASHEKAR L, ADVOCATE) …APPELLANT Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA AND: 1. UNITED INDIA INSURANCE CO. LTD., REPRESENTED BY ITS MANAGER, P.B.NO.16, S.B.L.T BUILDING, POLYTECHNIC ROAD, CHINTAMANI - 563 125, CHIKKABALLAPURA TALUK CHIKKABALLAPURA DISTRICT - 562 101. 2. VENKATESAPPA S/O VENKATASWAMY, KOSUGUTAHALLI VILLAGE, PERESENDRA POST, MANDIKAL HOBLI, CHIKKABALLAPUR TALUK CHIKKABALLAPURA DISTRICT - 562 101.
Legal Reasoning
(BY SMT. HARINI SHIVANANDA, ADVOCATE FOR R1; VIDE ORDER DATED 17.08.2016, NOTICE TO R2 DISPENSED WITH) …RESPONDENTS - 2 - NC: 2025:KHC:10298 MFA No. 2214 of 2014 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.07.2012 PASSED IN MVC NO.2314/2011 ON THE FILE OF THE VII ADDITIONAL JUDGE, MEMBER, MACT-3, COURT OF SMALL CAUSES, BANGALORE, 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 award passed in MVC.No.2314/2011 dated 20.07.2012 by the VII Addl. Judge, Member MACT-3 at Bengaluru, the claimant is before this Court seeking enhancement of the compensation. 2. 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 accident that took place on 19.01.2011. It is the case of the claimant that he was riding the motor bike on Sidlaghatta road of Chikkaballapur, at that time, the driver of the tractor drove the vehicle in a rash and - 3 - NC: 2025:KHC:10298 MFA No. 2214 of 2014 negligent manner and dashed against the motor bike. As a result, he sustained four grievous injuries and initially, he was admitted to Chikkaballapur Govt. Hospital and then to NIMHANS Hospital, Bengaluru for treatment. He has spent an amount of Rs.1,00,000/- for medicine, treatment and conveyance and another sum of Rs.40,000/- for attendant charges and for food and nourishment. According to him, he is working as a driver and was earning a sum of Rs.8,000/- p.m. The Tribunal has considered the wound certificate, which shows that he has sustained four grievous injuries. However, the Tribunal has observed that he has not examined the doctor and towards 'pain and suffering', the Tribunal had granted an amount of Rs.34,000/-, towards 'medical bills', an amount of Rs.12,410/- is granted, towards 'conveyance', an amount of Rs.500/- is granted, towards 'food and nutrition', an amount of Rs.3,000/- is granted, towards 'loss of income during treatment', an amount of Rs.450/- is granted and towards 'loss of amenities', an amount of Rs.10,000/- is granted, altogether an amount of Rs.60,360/- is granted by the Tribunal. 3. Learned counsel appearing for the appellant- claimant submits that the Tribunal ought to have granted a - 4 - NC: 2025:KHC:10298 MFA No. 2214 of 2014 reasonable compensation. The wound certificate clearly shows that he has sustained four injuries. On the ground that the doctor was not examined, the Tribunal had granted very minimal amount. Further, the income is considered at Rs.450/-, considering the four grievous injuries and when the appellant is working as a driver, 'loss of income' should have been considered appropriately and for those days as he was in hospital, the Tribunal had granted only Rs.3,500/- towards 'conveyance, food and nourishment', which is on the lower side. As such, the compensation needs to be enhanced. 4. Learned counsel appearing for the respondent - Insurance Company submits that the Tribunal considering the evidence on record, has rightly considered and granted compensation of an amount of Rs.60,360/-. Though he has filed the wound certificate, he has not examined the concerned doctor. As such, the compensation granted by the Tribunal is just and reasonable and no enhancement is required. 5. Having heard the learned counsels on either side, perused the material on record. The Tribunal had considered the wound certificate and the fact that he has sustained four - 5 - NC: 2025:KHC:10298 MFA No. 2214 of 2014 injuries. Considering the same, this Court is inclined to grant an amount of Rs.40,000/- towards 'pain and suffering', towards 'medical bills', there is no dispute on that. Towards 'conveyance, food and nourishment', considering the injuries, this Court is granting an amount of Rs.10,000/-. Then coming to the 'loss of income during laid up period', no evidence is let in with regard to the income. Considering the chart prepared by the Karnataka State Legal Services Authority, as this is an accident is of the year 2012, this Court is taking Rs.6,500/- as income, for three months he is entitled for an amount of Rs.19,500/. Towards 'loss of amenities', the Tribunal has granted an amount of Rs.10,000/- and this Court finds no reasons to interfere with the same. 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: 1 (2014) 11 SCC 178 - 6 - NC: 2025:KHC:10298 MFA No. 2214 of 2014 Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and agony : Rs. 34,000/- 40,000/- 2. Actual Medical bills : Rs. 12,410/- 12,410/- 3. 4. Conveyance, food & nourishment : Rs. 3,500/- 10,000/- Loss of income during laid up period : Rs. 450/- 19,500/- 5. Loss of amenities : Rs. 10,000/- 10,000/- 6. Legal Expenses : Rs. -- 10,000/- TOTAL : Rs. 60,360/- 1,01,910/- Enhancement : Rs. 41,550/- 8. Accordingly, the appeal filed by the claimant is partly allowed, enhancing the compensation amount from Rs.60,360/- to Rs.1,01,910/- and the Insurance company is liable to pay the compensation.
Decision
ORDER i) The Appeal is partly allowed enhancing the compensation amount from Rs.60,360/- to Rs.1,01,910/-. The Insurance Company is liable to pay the compensation. - 7 - NC: 2025:KHC:10298 MFA No. 2214 of 2014 ii) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iii) The respondent - 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) 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. v) No costs. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 1 Sl No.: 17 CT: BHK