The High Court allowed an appeal filed in a Motor Accident Claims appeal to enhance compensation. The court modified the award by adding Rs.2,50,000 for future medical expenses, totaling Rs.11,47,950 with interest.
Compensation enhanced from Rs.8,97,950 to Rs.11,47,950 including Rs.2,50,000 for future medical expenses, with 6% interest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2021
PRESENT
THE HON'BLE MRS.JUSTICE JUSTICE S.SUJATHA
AND
THE HON'BLE MR. JUSTICE M.I. ARUN
MFA NO.2016 OF 2019 (MVC)
BETWEEN:
SMT M R VIJAYAKUMARI D/O LATE RAMAPPA M AGED ABOUT 30 YEARS R/O NEAR HALLADAMMA TEMPLE SEEGEHATTI, OLD TOWN, BADRAVATHI-577 301 ... APPELLANT
(BY SRI: SHOWRI H R, ADVOCATE)
AND:
... RESPONDENTS
(BY SRI. O. MAHESH, ADVOCATE FOR R2;
2
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 18/07/2018, PASSED IN MVC NO.146/2015, ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIMOGA, SITTING AT BHADRAVATHI, AND ADDITIONAL MACT-IV, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, M.I. ARUN J., DELIVERED THE FOLLOWING:-
JUDGMENT
Aggrieved by the judgment and award dated 18.07.2018 passed by the IV Additional District and Sessions Judge, Shimoga, sitting at Bhadravathi and Additional MACT (IV), (for short ‘the Tribunal’) in MVC No.146/2015, the petitioner therein has preferred this appeal.
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traveling towards Bhadravathi from Kuvempu University, Shankaraghatta, in TATA Indigo CS Car bearing Reg.No.KA-14-M-9621 which was being driven by the said Rajath. When they were near Hiriyur village, due to rash and negligent driving of the Car, the Car fell into areca nut garden land by the side of the road. Due to the said accident, the petitioner sustained grievous injuries and the driver died on the spot. Hence, she preferred MVC No.146/2015 before the Tribunal and claimed a compensation of Rs.80,50,000/-.
and respondent No.2 is the insurance company with whom the Car is registered.
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and filed its statement of objections denying its liability.
and got marked Ex.P.1 to P.43. The respondents did not examine any witness and got marked insurance policy at Ex.R.1.
that petitioner has suffered the following injuries:-
the petitioner was drawing about Rs.8,000/- p.m. as
part time lecturer and Rs.8,000/- per month as L.I.C. agent and has determined total income at Rs.16,000/-
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per month. Further, it is of the opinion that though she has suffered certain disabilities the same would not effect her income in the future and has not granted any compensation towards loss of future income. The petitioner has not adduced any reason as to why the conclusion arrived by the Tribunal has to be interfered. The Tribunal has granted a sum of Rs.8,97,950/towards compensation under the
following heads:-
| Sl. No. |
Particulars | Amount |
|---|---|---|
| 1. | Towards medical expenses | Rs. 2,67,500/- |
| 2. | Towards conveyance expenses | Rs. 27,500/- |
| 3. | Towards attendant charges | Rs. 4,950/- |
| 4. | Towards food and nutritious | Rs. 10,000/- |
| 5. | Towards loss of income during laid up period |
Rs. 2,88,000/- |
| 6. | Towards pain and sufferings | Rs. 1,00,000/- |
| 7. | Towards loss of amenities and unhappiness |
Rs. 1,00,000/- |
| 8. | Towards loss of marriage prospectus |
Rs. 1,00,000/- |
| Total | Rs.8,97,950/- |
Tribunal in awarding the said amounts. However, we
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find no compensation has been granted towards future medical expenses. The petitioner has suffered grievous injuries.
On the count of which, the petitioner requires to spend money in the future. Thus, given the nature of injuries, we deem it appropriate to award a sum of Rs.2,50,000/towards future medical expenses. Hence, as against a sum of Rs.8,97,950/-, we hereby award a sum of Rs.11,47,950/- as compensation to the petitioner.
ORDER
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at the rate of 6% per annum from the date of the claim petition till its realization.
iii) The insurance company shall deposit the amount determined as aforesaid before the Tribunal within 90 days from the date of receipt of the certified copy of the judgment and order.
vi) Draw modified award accordingly.
Sd/JUDGE
Sd/JUDGE
MH/-
2 issues framed by the court
Whether compensation awarded by the Tribunal should be enhanced in light of grievous injuries and lack of future medical coverage.
How future medical expenses should be quantified in a motor accident compensation case.
Smt M R Vijayakumari
Bharath Pawar
United India Insurance Co Ltd
S. Sujatha
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
