Allowed

Smt. Soudamani v. National Insurance Co. Ltd.

Karnataka HC10 Jun 2022MFA/8859/2015

Case brief

AI extract

What is this about?

The High Court allowed the First Appeal to partially enhance compensation awarded by the Tribunal under the Motor Vehicles Act for injuries sustained in a motor accident, increasing the amount by Rs. 1,06,000/- covering pain, attendant care, and loss of happiness.

What did the court decide?

Enhanced total compensation from Rs. 2,27,000/- to Rs. 3,33,000/-, with an additional Rs. 1,06,000/- along with 6% interest.

Smt. Soudamani Vs National Insurance Co. Ltd. — Motor Accident Claims | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JUNE, 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.8859/2015(MV)

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BETWEEN:

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SMT. SOUDAMANI W/O YOGARAJU, AGED ABOTU 31 YEARS, R/AT 113, PATEL PILLEGOWDA LAYOUT, RAMACHANDRAPURA, BANGALORE-560 013.

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...APPELLANT

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(BY SRI K.V.NAIK, ADVOCATE)

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AND:

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NATIONAL INSURANCE CO. LTD. NO.144, 2ND FLOOR, SUBHARAMAN COMPLEX, M.G. ROAD, BANGALORE-560 001.

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MR. T. DORESWAMY MAJOR, R/AT NO.20, 3RD MAIN (DEAD BY HIS LEGAL HEIR) 2(A) SMT. R. VIJAYAKUMARI W/O LATE RAVICHANDRAN, MAJOR R/AT NO.20, 3RD MAIN OAD, MEENAKSHINAGAR, KAMAKSHIPALYA, BANGALORE-560 079.

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…RESPONDENTS (BY SRI M.S.SRIRAM, ADVOCATE FOR R1 R2(A)- NOTICE DISPENSED WITH V/O

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DATED 25.07.2019)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.04.2015 PASSED IN MVC NO.1923/2014 ON THE FILE OF THE XXVI ACMM, COURT OF SMALL CAUSES, MACT (SCCH-09), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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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, by the appellant-claimant challenging the judgment and award dated 15.04.2015, passed In MVC No.1923/2014, on the file of Court of Small Causes and Motor Accident Claims Tribunal at Bengaluru, seeking enhancement.

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Brief facts:

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It is stated that on 26.03.2014 at about 11.00 a.m., when the petitioner was going in a Scooty bearing registration No.KA-35-Q-4814, on MES Ring Road, Near Kuvempu Circle, Jalahalli, Bangalore, at that time, the respondent No.2 being driver-cum-owner of the Car bearing registration No.KA-02-MB4630 came in a high speed, rash and negligent manner and

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dashed to the Scooty in which the petitioner was going and caused the accident and the respondent ran away from the spot.

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It is further stated that due to the said accident she had sustained injuries and taken treatment at M.S.Ramaiah Hospital, Bangalore, as inpatient for 9 days and had undergone operations. It is stated that, she has spent more than Rs.3,50,000/- towards medical, Nourishment, conveyance and other incidental expenses. She was aged about 30 years and working as a Software Engineer at IBM, Bangalore and earning Rs.45,000/- 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.2,27,000/-, along with interest at 6% per annum from the date of petition till the date of deposit. The Tribunal held respondent Nos.1 and 2 being the insurer and

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owner of the offending Car were jointly and severally liable to pay the compensation.

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Heard arguments of the learned counsel for the appellant and the learned counsel for the respondents and perused the materials on record.

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The learned counsel for the appellant-claimant submitted that the Tribunal while considering the nature of injuries sustained and disabilities occurred to the petitioner, awarded compensation, which is on lesser side. Therefore, prays for enhancement of compensation.

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On the other hand, the learned counsel for respondent No.1- Insurance Company submitted that the amount of compensation awarded is correct and proper. Therefore, there is no ground to interfere with the quantum. Hence, requests for dismissal of the appeal.

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The compensation awarded by the Tribunal is as follows:

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Pain and Suffering	: Rs.	40,000/-
Attendant charges, extra nourishment and transportation expenses	: Rs.	4,000/-
Medical Expenses	: Rs.	1,43,000/-
Loss of amenities and happiness	: Rs.	40,000/-
TOTAL	: Rs.	2,27,000/-

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Ex.P2-wound certificate, Ex.P8-Discharge Summary and as per evidence of PW.3-Dr.S.Ramachanda, proves the fact that the appellant had sustained Proximal 1/3 left femur shaft closed fracture and multiple soft tissue injuries on face and left forearm. The appellant had been in the hospital as inpatient for a period of 8 days from 26.03.2014 to 03.04.2014. Therefore, the compensation awarded under the head ‘pain and suffering’ which is found to be lesser, the same is enhanced to Rs.60,000/-. 10. The Tribunal awarded a compensation of Rs.4,000/towards attendant charges, extra nutritious food and transportation charges. But the appellant had suffered grievous injuries and hospitalized. She has been taking follow-up treatment after discharge from the hospital. Therefore, considering all these factors the compensation awarded under

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the head ‘Attendant charges, extra nourishment and transportation expenses’ which is found to be lesser, the same is enhanced to Rs.15,000/-.

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The Tribunal awarded a compensation of 1,43,000/towards ‘medical expenses’. As per the medical records produced by the appellant, it is seen that there is no reason to enhance the quantum of this amount since the Tribunal upon considering the medical bill has correctly awarded the compensation. There is no need to make enhancement on the medical expenses and therefore needs no interference.

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Further the Tribunal awarded compensation of Rs.40,000/- towards loss of amenities and happiness. The appellant is a woman was working as Software Engineer. Even though the appellant is continued to work as Software Engineer and receiving a same salary but not entitled to compensation under the head of loss of future earning capacity but certainly the appellant being a woman is facing much difficulty, inconvenience, discomfort and loss of enjoyment in life due to Proximal 1/3 left femur shaft closed fracture and multiple soft

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tissue injuries on her face and left forearm. Considering these factors of fracture injuries sustained by the appellant and also to some extent the appellant is suffering mental agony, discomfort and inconvenience in life , loss of enjoyment, difficulty in squatting and walking and also traveling. Therefore, same is suitably be compensated. Accordingly, Rs.1,00,000/- is awarded under the head of ‘ loss of amenities and happiness’ .

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Further the compensation of Rs.15,000/- is awarded under the head of ‘ future medical expenses ’ to undergo further surgeries and other medical charges.

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Hence, the appellant is entitled for a total enhanced compensation, under various heads as follows:

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Pain and Suffering	:	Rs.	60,000/-
Attendant charges, extra nourishment and transportation expenses	:	Rs.	15,000/-
Medical Expenses	:	Rs.	1,43,000/-
Loss of amenities and happiness	:	Rs.	1,00,000/-
Future medical expenses	:	Rs.	15,000/-
TOTAL	:	Rs.	3,33,000 -
			2,27,000
		Rs.	1,06,000/-

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Therefore, the appellant is awarded a total compensation of Rs.3,33,000/- as against the compensation awarded by the Tribunal at Rs.2,27,000/- . Hence, the appellant is entitled for an additional compensation of Rs.1,06,000/- (Rs.3,33,000 – Rs.2,27,000), along with interest at 6% per annum from the date of filing of the petition till deposit.

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16. 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 judgment and award dated 15.04.2015, passed IN MVC No.1923/2014, on the file of Court of Small Causes and Motor Accident Claims Tribunal at Bengaluru, is hereby modified and the appellant is entitled for an additional compensation of Rs.1,06,000/- (Rs. 3,33,000 – Rs.2,27,000), 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. 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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iv. Draw award accordingly.

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Sd/JUDGE

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SKS

Smt. Soudamani v. National Insurance Co. Ltd.

Case brief

What is this about?

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Smt. Soudamani v. National Insurance Co. Ltd.

Case brief

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