Partly allowed

Sri Shreyas v. the Oriental Insurance Co. Ltd.

Karnataka HC22 Dec 2021MFA/6349/2012

Case brief

AI extract

What is this about?

In this motor vehicle accident claim appeal, the Court enhanced the compensation awarded by the Tribunal from Rs.1,69,000 to Rs.2,04,000. The Court increased awards for pain and suffering, loss of amenities, and added food/nourishment charges while maintaining other heads.

What did the court decide?

The Tribunal's award is modified; total compensation enhanced to Rs.2,04,000 payable by the insurer with 6% interest.

Sri Shreyas Vs the Oriental Insurance Co. Ltd. — Insurance | Karnataka HC (2021)

¶1

IN THE HIGH COURT OF KARNATAKA, BENGALURU

¶2

DATED THIS THE 22^ND DAY OF DECEMBER, 2021

¶3

BEFORE

¶4

THE HON'BLE MR.JUSTICE P.N. DESAI

¶5

MISCELLANEOUS FIRST APPEAL NO.6349 OF 2012 (MV)

¶6

BETWEEN

¶7

SRI. SHREYAS S/O. H.K. KESHAVANARAYAN AGED ABOUT 24 YEARS R/AT NO.38/5, 19^TH MAIN PADMANABHANAGAR BANGALORE - 560 070.

¶8

... APPELLANT

¶9

(BY SRI. PRABHAKAR L. SHETTY, ADVOCATE)

¶10

AND

¶11

THE ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE NO.44/45, LEO SHOPPING COMPLEX RESIDENCY ROAD BANGALORE - 560 025.

¶12

SRI. VENKATESH G.V. S/O. VENKATAHANUMAIAH R/AT NO.13, GERUPALYA KUMBALAGUDU, KENGERI BANGALORE.

¶13

... RESPONDENTS

¶14

(BY SRI. C.R. RAVISHANKAR, ADVOCATE FOR R1 R2 - SERVED AND UNREPRESENTED)

¶15

THIS MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 05.09.2011 PASSED IN MVC NO.1527/2008 ON THE FILE OF THE 18^TH ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER,

¶16

¶17

MACT-4, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶18

THIS MFA COMING ON FOR HEARING THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY THE COURT DELIVERED THE FOLLOWING:

¶19

JUDGMENT

¶20

Heard the learned counsel for the appellant and learned counsel for respondent No.1. Respondent No.2 is served and unrepresented.

¶21

This appeal is arise out of judgment and award dated 05.09.2011 passed by the Tribunal in MVC No.1527/2008, wherein the Tribunal has awarded a sum of Rs.1,69,000/- as a compensation for the injuries suffered by the claimant.

¶22

appellant/claimant was that; on 01.01.2008 at about 7.00 a.m., the appellant was traveling along with his friend in a car bearing registration No.KA-41-M-166 on B.M. Road, near Ramohalli Cross. At that time, the driver of the lorry bearing registration No.KA-11-1155

¶23

¶24

came with high speed in a rash and negligent manner in wrong direction towards car, due to which driver of the car lost his control and dashed to the front wheel of the lorry, as a result of which, the claimant sustained injuries. The appellant was immediately shifted to Shreya Hospital and then to Wockard hospital and spent huge amount. It was contended that he was studying in 2^nd semester diploma at the time of accident and so he filed the claim petition claiming compensation.

¶25

The petitioner got himself examined as PW1

¶26

and got examined Dr. S. Ramachandra as PW4. In connected claim petition also, the claimant got examined and totally fourteen documents were marked. Respondents have not led any evidence.

¶27

The Tribunal after hearing both sides, awarded the compensation of Rs.1,69,000/- with interest at 6% per annum, which is challenged in this case.

¶28

The appellant's counsel contended that

¶29

though the petitioner has suffered to injuries which are grievous in nature, the Tribunal has awarded only a sum

¶30

¶31

of Rs.25,000/- towards 'pain and suffering' which is on very lower side. It is contended that no compensation is awarded under the head 'future medical expenses'. The appellant is having difficulty in pertaining his day to day activities. So, the compensation awarded under the head 'loss of amenities and happiness' is also on the lower side. The Tribunal has not properly awarded any compensation for loss of income due to disability. Therefore, the amount awarded is on the lower side and needs to be enhanced.

¶32

On the other hand, the learned counsel appearing for the Insurance Company contended that the award passed by the Tribunal is just and proper. The Tribunal has awarded the compensation after appreciating the oral and documentary material on record, which is just and proper and needs no interference. Hence, sought to dismiss the appeal.

¶33

I have perused the appeal memorandum,

¶34

judgment and award and the entire records of the case. The accident occurred due to rash and negligent driving

¶35

¶36

of the offending vehicle and claimant sustained injuries is not disputed and proved by the claimant. As far as the award of compensation is considered. It is evident from Ex.P5 wound certificate. The appellant/claimant has sustained following injuries:

¶37

(1) Head injury with diffuse axonal injury

¶38

with small speck of contusion in the high frontal region with cerebra oedema.

¶39

(2) Right side pneumothrorax

¶40

The doctor has opined that both injuries are grievous in nature.

¶41

It is also evident that he was hospitalized from 01.01.2008 to 11.01.2008 and spent more than Rs.1 Lakh for his treatment which is evident from medical bills that are produced, as per Ex.P8.

¶42

Looking into the nature of injuries sustained

¶43

by the claimant and as both the injuries are grievous in nature, a sum of Rs.35,000/- is awarded under the head

¶44

¶45

'pain and suffering' instead of Rs.25,000/- awarded by the Tribunal.

¶46

Regarding loss of amenities and happiness, the Tribunal has awarded only a sum of Rs.15,000/-, which is on the lower side. He was a student studying in 2^nd semester Diploma, at the time of the accident. Though the Tribunal has observed considering the evidence of PW4 that he is finding difficulty in his day to day activities, only a sum of Rs.15,000/- is awarded by the Tribunal under the head 'loss of amenities and happiness', which needs to be enhanced to Rs.30,000/instead of Rs.15,000/-, awarded by the Tribunal.

¶47

It is evident that he was in hospital for 10 days and he required treatment, food and nourishment and also other incidental expenses like traveling etc., The Tribunal has not awarded any compensation towards food and nourishment charges. A sum of Rs.10,000/- is awarded under the separate head. The amount awarded under the head medical expenses is as per the bills produced and the same needs no interference.

¶48

¶49

As far as the permanent disability is

¶50

concerned, the Tribunal has rightly awarded a sum of Rs.25,000/-. Therefore, no interference is called for. In all, the appellant is entitled for an enhanced compensation of Rs.2,04,000/- as against Rs.1,69,000/awarded by the Tribunal. The details are as under ;

¶51

PARTICULARS	AMOUNT AWARDED BY THE TRIBUNAL	AMOUNT AWARDED BY THIS COURT
Painand suffering	Rs.25,000-00	Rs.35,000-00
Loss of amenities andhappiness	Rs.15,000-00	Rs.30,000-00
Medicalexpenses	Rs.1,04,000-00	Rs.1,04,000-00
Permanent disability	Rs.25,000-00	Rs.25,000-00
Food, nourishment and incidentalcharges	-	Rs.10,000-00
TOTAL	Rs.1,69,000-00	Rs.2,04,000-00

¶52

In the result, I proceed to pass the following :

¶53

ORDER

¶54

(i) The appeal is allowed in part.

¶55

¶56

(ii) The judgment and award dated 05.09.2011 passed by the Tribunal in MVC No.1527/2008 is modified.`

¶57

(iii) The appellant/claimant is entitled for an enhanced compensation of Rs.2,04,000/(Rupees Two Lakh Four Thousand only) as against Rs.1,69,000/-(Rupees One Lakh Sixty Nine Thousand only) awarded by the Tribunal, with interest at 6% per annum from the date of petition till the date of realization.

¶58

(iv) Respondent No.1- Insurer shall make good of the differential amount within a period of six weeks from the date of receipt of the certified copy of this order.

¶59

(v) Costs made easy.

¶60

Sd/JUDGE

¶61

snc

Sri Shreyas v. the Oriental Insurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

Sri Shreyas v. the Oriental Insurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mrs Gulnaz Vs v Link Taxies Private Ltd.

Smt Venkatamma Vs Liyakathullabeing

Smt M Arunamma Vs Sri N Paramesh

The Manager Vs Asha

Bhagyamma W/O Poothanabramhacharya Vs M/S Cisco Systems India Pvt. Ltd.

Sri Chikanarayana Vs Sri. Shivashankaraiah