CHINNATHAMBI v. ASHA LATHA BAYAPUREDDY

(BY SMT.MANJULA N.TEJASWI, ADVOCATE FOR R2 V/O/DATED: 04/01/2024- NOTICE TO R1 IS DISPENSED WITH) …RESPONDENTS THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 19.05.2023 PASSED IN MVC NO.4442/2019 ON THE FILE OF THE II ADDITIONAL JUDGE AND - 2 - NC: 2025:KHC:34566 MFA No. 7735 of 2023 HC-KAR ACMM, COURT OF SMALL CAUSES, MACT, BENGALURU, (SCCH-13), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.4442/2019 dated 19.05.2023 by the II Additional Judge & ACMM, Member, MACT, Court of Small Causes, Bengaluru, whereby the Tribunal had granted compensation of an amount of Rs.40,55,720/-, the claimant is before this Court seeking enhancement of the compensation.

The claim petition is filed under Section 166 of MV Act seeking compensation of an amount of Rs.60,00,000/- for the injuries sustained by the claimant in the road traffic accident. The facts of the case are that on 30.06.2019 at about 12:30 a.m., the claimant was proceeding as a cleaner in a lorry near Electrical Sub-Station, Bathalapalli, NH-42, Ananthpur Road, the driver of lorry drove the same with high speed, in a rash and negligent manner, lost control and dashed a stationed lorry. Due to the accident, the claimant has sustained grievous injuries. He was immediately to RDT hospital, - 3 - NC: 2025:KHC:34566 MFA No. 7735 of 2023 HC-KAR Bathalapalli and for better treatment he was taken to CMC hospital, Vellore, wherein he has taken treatment as inpatient and underwent surgery and left leg above knee was amputated. Due to accidental injuries, he is suffering from permanent disability and unable to lead normal life.

The Tribunal had granted compensation as per the table given below: SL. No. Heads Compensation Awarded

Loss of future earnings : Rs. 31,98,720/-

2. Pain and sufferings

3. Loss of amenities : Rs. : Rs. 80,000/- 50,000/-

Medical Expenses : Rs. 1,17,000/-

Cost of artificial limb : Rs. 5,00,000/-

Conveyance, food, nourishment & Attendant charges Loss of marriage prospects & disfiguration : Rs. 10,000/- : Rs. 1,00,000/- TOTAL : Rs. 40,55,720/-

4. Learned counsel appearing for the appellant/claimant submits that the Tribunal had failed to grant appropriate amount under all the heads. It is submitted that under the head of loss of future earnings, the Tribunal ought to have granted reasonable amount. When there is amputation of left - 4 - NC: 2025:KHC:34566 MFA No. 7735 of 2023 HC-KAR leg above knee, the Tribunal had only granted an amount of Rs.80,000/- towards pain and suffering and even under the head of loss of amenities also, the amount that is granted by the Tribunal is not reasonable. It is submitted that the Tribunal had failed to grant any amount under the head of loss of earning during the laid up period. Further, towards loss of marriage prospects, the Tribunal had granted only an amount of Rs.1,00,000/- and there has to be enhancement in that regard.

5. Learned counsel appearing for respondent No.2/ Insurance Company submits that the compensation that is awarded by the Tribunal under all the heads is on the higher side and there are no grounds to interfere with the award passed by the Tribunal.

Having heard the learned counsels on either side, perused the entire material on record. Considering the fact that there is amputation of left leg above the knee, this Court is granting an amount of Rs.1,00,000/- under the head of pain and sufferings. Towards loss of future earnings, the Tribunal rightly considered and granted an amount of - 5 - NC: 2025:KHC:34566 MFA No. 7735 of 2023 HC-KAR Rs.31,98,720/- and no interference is called for. Towards loss of amenities, the Tribunal had granted an amount of Rs.50,000/- and this Court is granting an amount of Rs.1,00,000/- towards loss of amenities. Towards medical expenses, cost of artificial limb, conveyance, food, nourishment & attendant charges and towards loss of marriage prospects & disfiguration, already substantial amounts are granted by the Tribunal and no interference is called for.

7. Coming to the loss of earning during the laid up period, the Tribunal had not granted any compensation under the said head. As the accident had occurred in the year 2019, considering income of the claimant at Rs.14,000/- per month, for six months, this Court is granting an amount of Rs.84,000/- towards loss of earning during the laid up period.

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 - 6 - NC: 2025:KHC:34566 MFA No. 7735 of 2023 HC-KAR

The claimant is therefore, entitled to the compensation under the following heads: SL. No. Heads

1. Loss of future earnings Compensation Awarded by Tribunal : Rs. 31,98,720/- Compensation Awarded by this Court 31,98,720/-

2. Pain and sufferings : Rs.

3. Loss of amenities : Rs. 80,000/- 50,000/-

4. Medical Expenses : Rs. 1,17,000/- 1,00,000/- 1,00,000/- 1,17,000/-

8. Cost of artificial Conveyance, food, nourishment & Attendant charges Loss of marriage prospects & disfiguration Loss of earning during the laid up period : Rs. 5,00,000/- 5,00,000/- Rs. 10,000/- 10,000/- Rs. 1,00,000/- 1,00,000/- : : : Rs. 00/- 00/- 84,000/- 10,000/- 42,19,720/-

9. Legal expenses : Rs. TOTAL Enhancement : Rs. 40,55,720/- : Rs. 1,64,000/-

Altogether, the claimant is entitled for compensation of an amount of Rs.42,19,720/-.

Accordingly, the appeal of the claimant is partly allowed by enhancing the compensation from an amount of Rs.40,55,720/- to Rs.42,19,720/-. - 7 - NC: 2025:KHC:34566 MFA No. 7735 of 2023 HC-KAR 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. 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. 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. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 29