Partly allowed

R Ashwini v. Syed Nawaz

Karnataka HC18 Nov 2022MFA/847/2018

Case brief

AI extract

What is this about?

This Miscellaneous First Appeal was filed by the claimant against the award of an Additional Senior Civil Judge challenging the disallowed claim amount. The High Court found the quantum of compensation on various heads except medical expenses to be on the lesser side and ordered an enhancement.

What did the court decide?

Awarded additional global compensation of Rs. 55,000/- along with interest at 6% per annum from the date of filing of the petition till deposit.

R Ashwini Vs Syed Nawaz — Execution and Attachment | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF NOVEMBER, 2022

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BEFORE

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THE HON'BLE Mr. JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO.847 OF 2018 (MV)

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BETWEEN:

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R.ASHWINI W/O.RAVI KUMAR AGED ABOUT 31 YEARS R/AT GAJALADINNE VILLAGE KOLAR TALUK AND DISTRICT … APPELLANT

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(BY SRI H.PAVANA CHANDRA SHETTY, ADVOCATE)

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AND:

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SYED NAWAZ W/O.SYED AHAMED MAJOR R/AT NO.79 RAHAMATH NAGAR KOLAR

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TATA AIG GENERAL INSURANCE COMPANY LTD., NO.69, JP AND DEVI JAMBAKESHWARA ARCADE MILLERS ROAD REP. BY ITS BRANCH MANAGER … RESPONDENTS

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(BY SRI RAVI S.SAMPRATHI, ADVOCATE FOR R2; NOTICE TO R-1 IS DISPENSED WITH VIDE ORDER DATED 26.07.2022)

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THIS MICSELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 07.12.2017

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PASSED BY I ADDITIONAL SENIOR CIVIL JUDGE AND MACT, KOLAR IN MVC.NO.516/2016 TO THE EXTENT OF DISALLOWED CLAIM AND ETC.

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THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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J U D G M E N T

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This appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988, (hereinafter referred to as ‘MV Act’ for brevity) by the appellant-claimant challenging the judgment and award dated 07.12.2017 passed in MVC No.516/2015 on the file of I Additional Senior Civil Judge and ACJM, Kolar, (hereinafter referred to as ‘the Tribunal’ for brevity) seeking enhancement.

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Brief facts of the case is as under:

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On 13.11.2015, the claimant went in Honda Activa

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motor cycle bearing registration No.KA.01-W-9189 to KSRTC Bus Stand to drop her husband Ravi Kumar at the said bus stand. While she was returning to Gajaladinne Village and reached near Mubaraq Rice Mill at about 10.30 a.m., Auto bearing registration No.KA.03-A-1161 came from opposite direction in a rash and negligent manner

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and dashed against the vehicle of the petitioner, due to which, she fell down on the ground and sustained multiple grievous injuries all over the body. She was shifted to Gaurav Orthopedic Hospital, Kolar and she was obtained treatment as an inpatient in the said hospital from 13.11.2015 to 19.11.2015 and she has sustained laceration and dislocation of left elbow and earlier she was hale and healthy and was doing coolie work by profession and was earning a sum of Rs.10,000/- per month.

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Hence, a claim petition was filed by the appellant under Section-166 of the M.V. Act claiming compensation for the injuries sustained in the accident. The Tribunal on appreciating the materials on record, allowed the petition in part, and awarded a compensation of Rs.1,04,210/along with interest at 6% per annum from the date of petition till realization, which shall be released in her favour after deposit. The Tribunal held respondent No.2 is liable to pay the above said compensation to the claimant with interest at 6% p.a. from the date of petition till

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realization by depositing the same in the Court within two months thereon.

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Heard arguments of the learned counsel for the appellant and the learned counsel for respondent No.2 – Insurance Company and perused the materials on record.

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The learned counsel for the appellant submitted that the quantum of compensation awarded under various heads is on the lesser side. Therefore, he seeks for enhancement of the compensation.

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On the other hand, the learned counsel appearing for the second respondent – Insurance Company submits that the Tribunal is justified in passing the impugned judgment and award and there is no ground for enhancement. That the compensation amount as awarded by the Tribunal is sufficient and adequate.

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The compensation awarded by the Tribunal is as

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follows:

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Pain and Suffering	: Rs.	25,000/-
Medical expenses	: Rs.	43,209/-

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Incidental charges	: Rs.	6,400/-
Loss of income during hospitalization	: Rs.	22,601/-
Loss of amenities and expectations	: Rs.	5,000/-
Conveyance	: Rs.	2,000/-
TOTAL	: Rs.	1,04,210/-

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The claimant has sustained dislocation of left elbow and soft tissue injury to left knee. The accident occurred on 13.11.2015 and the claimant was a coolie and aged about 25 years as on the date of accident. Considering the nature of injuries sustained as stated above, the quantum of compensation awarded on each heads except medical expenses is found to be on the lesser side. Therefore, the compensation is required to be enhanced and the claimant is entitled for global compensation of Rs.55,000/- . Therefore, the appellant is awarded a total compensation of Rs.1,59,210/- as against the compensation awarded by the Tribunal at Rs.1,04,210/-. Hence, the appellant is entitled for an additional global compensation of Rs.55,000/- (Rs.1,59,210 – Rs.1,04,210), along with interest at 6% per annum from the date of filing of the petition till deposit.

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9. Accordingly, I pass the following:

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ORDER

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i. The appeal is allowed-in-part .

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ii. The impugned judgment and award dated 07.12.2017 passed in MVC No.516/2015 on the file of I Additional Senior Civil Judge and ACJM, Kolar, is modified to an extent that the appellant – claimant is entitled for an additional global compensation of Rs.55,000/- (Rupees Fifty Five Thousand Only), along with interest at 6% per annum from the date of filing of the petition till deposit in addition to what has been awarded by the Tribunal.

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iii. The amount in deposit shall be transferred to the Tribunal forthwith.

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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.

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v. Draw award accordingly.

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Sd/-

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JUDGE

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R Ashwini v. Syed Nawaz

Case brief

What is this about?

What did the court decide?

R Ashwini v. Syed Nawaz

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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