The High Court
Case Details
- 1 - NC: 2025:KHC:15986 MFA No. 7939 of 2022 C/W MFA No. 7917 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.7939/2022 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.7917/2022 (MV-I) …APPELLANT IN MFA No. 7939/2022: BETWEEN: SMT. ANITHA P M., W/O PARASHURAMAPPA, AGED ABOUT 24 YEARS, OCC: HOUSE WIFE, R/O GEDDALAHATTI VILLAGE, SANTHEBENNUR HOBLI, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577001. (BY SRI G.J. SUNKAPUR, ADVOCATE) AND: 1. SIDDESH KUMAR, S/O LATE GURUSWAMY, AGED ABOUT 33 YEARS, R/O D NO.534, NEAR MANJUNATHA SWAMY TEMPLE, DAVANAGERE-577001. 2. ANNESH, S/O KOTRAPPA, R/O NO.31, KOOGUR VILLAGE, ANEKAL TALUK, BENGALURU RURAL DISTRICT-562106. 3. THE MANAGER, SRIRAM GENERAL INSURANCE CO LTD., E8, EPIP, RIICO INDUSTRIAL AREA, SITHAPUR, JAIPUR, STATE OF RAJASTHAN-302022. Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - NC: 2025:KHC:15986 MFA No. 7939 of 2022 C/W MFA No. 7917 of 2022 4. SAKIR KHAN S/O ISLAM KHAN, AGED 34 YEARS, R/O PANCHYATCHAHI VILLAGE, PANDEYDIH POST, NAWAGARH THANA DHANAWAR, RAJDHANAWAR TALUK, GIRIDIH DIST STATE OF JHARKHAND-834003. 5. P. KIRAN KUMAR S/O VENKATA RAO, R/O NO.120, 1ST FLOOR, KTS NILAYA, 5TH CROSS, KPN EXTENSION, (TR CH NO.19330) BANGALORE-560 002. 6. THE DIVISIONAL MANAGER THE NEW INDIA ASSURANCE CO LTD., DIVISIONAL OFFICE, A.M. ARCADE, NEAR VIDHYARTHI BHAVANA, C G HOSPITAL ROAD, DAVANAGERE-577002. …RESPONDENTS
Legal Reasoning
(BY SRI B.C. SHIVANNE GOWDA, ADVOCATE FOR R3; SRI B.C. SEETHARAM ROA, ADVOCATE FOR R6; V/O DATED 05.07.2023 NOTICE TO R1, R2, R4 & R5 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.08.2022 PASSED IN MVC NO. 397/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MEMBER, MACT X, CHANNAGIRI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 7917/2022: BETWEEN: RAMESHA P.K., S/O KRISHNAPPA, AGED ABOUT 31 YEARS, R/ GEDALAATTI VILLAGE, SANTEBENNUR HOBLI, CHANNAGIRI TQ. DAVANAGERE DIST 577001. (BY SRI G.J. SUNKAPUR, ADVOCATE) ...APPELLANT - 3 - NC: 2025:KHC:15986 MFA No. 7939 of 2022 C/W MFA No. 7917 of 2022 AND: 1. SIDDESH KUMAR, S/O LATE GURUSWAMY, AGED ABOUT 33 YEARS, R/O D.NO. 534, NEAR MANJUNATASWAMY TEMPLE, DAVANAGERE - 570 001. 2. ANNESH, S/O KOTRAPPA, R/O 31, KOOGUR VILLAGE ANEKAL TALUK, BENGALURU RURAL DIST 562106. 3. TE MANAGER, SHRIRAM GENERAL INSURANCE CO LTD., E8 EPIP, RIICO INDUSTRIAL AREA SITAHPUR, JAIPUR, STATE OF RAJASTHAN 302 022. 4. SAKIR KHAN, S/O ISLAM KHAN, AGE: 34 YEARS, R/O PANCHYATCHAHI VILLAGE, PANDEYDIH POST, NAWAGARH THANA DHANAWR RAJDHANAWAR TALUK GIRIDHIH DIST STATE OF JHARKAND 834002. 5. P. KIRAN KUMAR, S/O VENKATA RAO, R/O 120, 1ST FLOOR, KTS NILAYA, 5TH CROSS, KPN EXTENSION, (TR CH N. 19330) BENGALORE 560 002. 6. THE DIVISIONAL MANAGER THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL FOFICE A.M. ARCADE NEAR VIDHYARTHI BHAVANA C G HOSPITAL ROAD, DAVANAGERE 577 002. (BY SRI B.C. SHIVANNE GOWDA, ADVOCATE FOR R3; SRI B.C. SEETHARAM RAO, ADVOCATE FOR R6) ...RESPONDENTS - 4 - NC: 2025:KHC:15986 MFA No. 7939 of 2022 C/W MFA No. 7917 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.08.2022 PASSED IN MVC NO.398/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MEMBER, MACT X, CHANNAGIRI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR HEARING ON I.A., THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT In MFA.No.7939/2022: Aggrieved by the award passed in MVC.No.397/2019 dated 08.08.2022 by the Senior Civil Judge and JMFC and Member MACT X, Channagiri, the claimant is before this Court seeking enhancement of the compensation. The claim petition is filed seeking compensation of an amount of Rs.25,00,000/- for the injuries sustained by the claimant in a road traffic accident. 2. Basing on the evidence, the Tribunal had granted the compensation as per the table given below: Heads Pain and sufferings Sl. No. 1. 2. Medical expenses 3. Attendant charges 4. Conveyance charges Food, Diet and 5. Nourishment charges Loss of earning during the laid-up period 6. Compensation Awarded : Rs. : Rs. : Rs. : Rs. 20,000/- 40,066/- 6,000/- 5,000/- : Rs. 5,000/- : Rs. 13,250/- - 5 - NC: 2025:KHC:15986 MFA No. 7939 of 2022 C/W MFA No. 7917 of 2022 7. 8. Loss of future income Loss of amenities TOTAL : Rs. 1,43,100/- 5,000/- : Rs. : Rs. 2,37,416/- 3. Learned counsel appearing for the claimant submits that the Tribunal had not granted just and reasonable compensation. It is submitted that when the doctor had deposed at 25% disability to the limb, the Tribunal had taken only 5% as disability, which is on the lower side. It is submitted that even under the head of loss of amenities and under the loss of income during the laid-up period, the compensation awarded is not just and reasonable. 4. Learned counsel appearing the respondents - Insurance Companies submits that the Tribunal has considered the evidence on record and rightly granted the compensation and there are no grounds to interfere with the award passed by the Tribunal. 5. Having heard the learned counsels on either side, perused the material on record. Considering the grievous injuries sustained by the claimant, under the head of pain and sufferings, this Court is granting an amount of Rs.40,000/-. Towards medical expenses, the Tribunal had rightly granted Rs.40,066/- and no interference is called for. - 6 - NC: 2025:KHC:15986 MFA No. 7939 of 2022 C/W MFA No. 7917 of 2022 The Tribunal under the head of attendant, conveyance, food and nourishment had granted an amount of Rs.16,000/- which is reasonable amount and no enhancement is called for. Coming to the loss of income during laid up period, the accident has taken place in the year 2019 and considering the hospitalization and recovery, this Court is granting compensation for a period of three months i.e. (Rs.14,000/- X 3) = Rs.42,000/-. Coming to the loss of future income, when the doctor had deposed that the disability is 25%, the Tribunal has taken it as 5%. Hence, this Court is taking 8% as disability i.e., (14,000x12×8×18/100) = Rs.2,41,920. Considering the disability sustained by the claimant, under the loss of amenities this Court is granting an amount of Rs.25,000/-. 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. 1 (2014) 11 SCC 178 - 7 - NC: 2025:KHC:15986 MFA No. 7939 of 2022 C/W MFA No. 7917 of 2022 7. The claimant is therefore, entitled to the compensation under the following heads: Sl. No. 1. 2. 3. 4. 5. 6. 7. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court Loss of future income : Rs. 1,43,100/- 2,41,920/- Pain and sufferings : Rs. 20,000/- Loss of amenities of life : Rs. 5,000/- 40,000/- 25,000/- Loss of income during laid up period Conveyance charges Attendant charges Food, nourishment and diet charges 8. Medical expenses 9. Legal expenses : Rs. 13,250/- 42,000/- : Rs. : Rs. : Rs. : Rs. : Rs. 5,000/- 6,000/- 5,000/- 40,066/- - 5,000/- 6,000/- 5,000/- 40,066- 10,000/- TOTAL : Rs. 2,37,416/- 4,14,986/- Enhancement : Rs. Rs.1,77,570/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.4,14,986/-. In MFA.No.7917/2022: 9. Aggrieved by the award passed in MVC.No.398/2019 dated 08.08.2022 by the Senior Civil Judge and JMFC and Member MACT X, Channagiri, the claimant is before this Court seeking enhancement of the compensation. The claim petition is filed seeking compensation of an amount of Rs.15,00,000/- for the injuries sustained by the claimant in a road traffic accident. - 8 - NC: 2025:KHC:15986 MFA No. 7939 of 2022 C/W MFA No. 7917 of 2022 10. Basing on the evidence, the Tribunal had awarded an amount of Rs.5,000/- as a global compensation. The Tribunal has considered the fact that the claimant has sustained simple injuries and there is no other material placed on the record to grant the compensation. 11. Learned counsel appearing for the claimant submits that considering the injuries sustained by the claimant, the Tribunal ought to have granted the compensation. However, learned counsel appearing for the Insurance Companies has made submission in support of the orders impugned. 12. Having heard the learned counsels on either side, perused the material on record. Considering the fact that the claimant had not produced any documents in support of his case and the Tribunal has rightly awarded the compensation amount of Rs.5,000/- and this Court finds no reasons to interfere. 13. Accordingly, MFA.No.7917/2022 is dismissed and MFA.No.7939/2022 is Allowed-in-part by enhancing the compensation amount from an amount of Rs.2,37,416/- to Rs.4,14,986/-. - 9 - NC: 2025:KHC:15986 MFA No. 7939 of 2022 C/W MFA No. 7917 of 2022 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.3 – Shriram General Insurance Co., Ltd., is liable to pay 70% of the enhanced amount and Respondent No.6 - The New India Assurance Co., Ltd., is liable to pay 30% of the enhanced amount respectively and remains to be the same. iv. The respondents No.3 and 6 shall deposit the enhanced amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is at liberty to withdraw the entire amount. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. Sd/- _________________________ JUSTICE LALITHA KANNEGANTI GRD List No.: 2 Sl No.: 49