High Court of Karnataka dismissed an appeal against a Motor Accident Claims Tribunal judgment. The High Court upheld the awarded compensation of Rs. 7,03,240/-, finding the quantum based on injury, disability, and loss of earning to be just, proper, and adequate.
Compensation of Rs. 7,03,240/- affirmed; appeal dismissed.
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.
MFA No. 8342 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.8342 OF 2018(MV-I)
BETWEEN:
SRI. ROHITH SHETTY, AGED ABOUT 30 YEARS, S/O VITTAL SHETTY, R/AT 2-14 F1 KAMALA NIVASA, NEAR BHARATH GAS, SANTHEKATTE POST, PUTTUR VILLAGE, SANTHEKATTE, UDUPI TALUK AND DISTRICT.
…APPELLANT
(BY SRI. RAJARAM SOORYAMBAIL., ADVOCATE)
Digitally signed by PAVITHRA B Location: High Court of Karnataka
AND:
…RESPONDENTS
(BY SRI.RAVISH BENNI, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED AND UNREPRESENTED)
MFA No. 8342 of 2018
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.04.2018 PASSED IN MVC NO.929/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE & ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appeal is filed by the claimant challenging the judgment and award dated 05.04.2018 passed by the II Additional Senior Civil Judge & Additional MACT, Udupi in MVC No.929/2016, seeking enhancement of compensation.
On 7.1.2016, at about 8.30 p.m. when the claimant/petitioner was riding the motor cycle bearing Registration No.KA.20EA-0789, slowly and carefully and proceeding from Udupi Kunjubettu side towards Sairada Apartment, Udupi, and when he reached near Nagabana; at that time, a motor cycle bearing Registration No.KA.20-
MFA No. 8342 of 2018
EB-3160, ridden by its rider in a rash and negligent manner and high speed, came from hind side and hit the vehicle in which the petitioner was riding. Due to the said impact, the petitioner fell down and sustained grievous injuries on various parts of his body and was immediately was shifted to Adarsha hospital, Udupi, wherein he was treated as an inpatient for a period of 05 days thereby incurring considerable amount towards conveyance, food, extra nourishment, attendant charges, other incidental charges and also towards future medical expenses and hence filed claim petition against the owner and insurer of the offending vehicle claiming compensation of Rs.17,85,000/-.
The Tribunal on consideration of the contentions of the parties and on perusal of the material on record, awarded compensation of Rs.7,03,240/- under various heads stated below, to the petitioner/claimant with interest at 9% p.a. from the date of petition till realisation and further held that respondents No.1 and 2, being the owner and insurer
MFA No. 8342 of 2018
of the offending vehicle, are jointly and severally liable to
pay compensation.
| Injury pain and suffering | : Rs. |
60,000/- |
|---|---|---|
| Medical Expenses | : Rs. |
51,773/- |
| Future Medical Expenses | : Rs. |
20,000/- |
| Loss of earning during treatment | : Rs. |
1,667/- |
| Loss of future earning capacity | 4,99,800/- | |
| Loss of amenities and marriage prospects |
50,000/- | |
| Food, conveyance, nourishment & attendant charges |
20,000/- | |
| TOTAL | : Rs. |
7,03,240/- |
The claimant aggrieved by the lesser quantum of
compensation awarded by the Tribunal is in appeal.
MFA No. 8342 of 2018
hence, there are no grounds for enhancement of compensation and prays to dismiss the appeal.
MFA No. 8342 of 2018
of work of the claimant and therefore, needs no interference.
ORDER
The appeal is dismissed. Draw award accordingly.
rs
List No.: 1 Sl No.: 30
Sd/JUDGE
1 issue framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal requires enhancement?
Sri. Rohith Shetty
1. Sathyanada
The Divisional Manager, United India Insurance Company Ltd.
Hanchate Sanjeevkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
