In a first appeal under Section 173(1) of the MV Act, the High Court enhanced motor accident compensation from Rs.2,69,000 to Rs.3,62,320, considering the claimant's injuries, income, and legal expenses.
Compensation enhanced from Rs.2,69,000 to Rs.3,62,320 with 6% interest per annum from date of petition.
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.
NC: 2023:KHC:38483 MFA No. 280 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 280 OF 2018 (MV-I)
BETWEEN:
MR KURSHAD ALAM S/O. MR.TAYYAB ALAM AGED ABOUT 30 YEARS OCC:JOKEY KARNATAKA TRAINERS ASSOCIATION C/O. BENGALURU TURF CLUB RACE COURSE ROAD BENGALURU - 560 001
…APPELLANT
(BY SRI. SURESH M LATUR.,ADVOCATE)
AND:
Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA
HUBLI DHARWAD DIST - 580 020
…RESPONDENTS
(BY SRI.S.V.HEGDE MULKHAND.,ADVOCATE FOR R-2; NOTICE TO R-1 IS DISPENSED WITH V.O.D 08.10.2021)
NC: 2023:KHC:38483 MFA No. 280 of 2018
THIS MISCELLANEOUS FIRST APPEAL FILED U/S 173(1) OF MV ACT, 1988 PRAYING AGAINST THE JUDGMENT AND AWARD PASSED BY THE III ADDL SENIOR CIVIL JUDGE & COURT OF SMALL CAUSES JUDGE, BENGALURU MACT IN MVC NO.1902/2014 AT BENGALURU DATED MAY KINDLY BE MODIFIED AND ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION OF RS.9,31,000/- WITH 18% INTEREST PER ANNUM MAY KINDLY BE GRANTED ETC.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This is an appeal filed by the claimant aggrieved by the award passed in MVC No.1902/2014, dated 07.07.2017 passed by the III Additional Senior Civil Judge & Court of Small Causes Judge, Bengaluru MACT seeking enhancement of compensation.
compensation of Rs.12,00,000/- for the injuries sustained by the claimant in the accident. The case of the claimants is that on 08.07.2013, at about 5.30 a.m., when the claimant was traveling along with others as passengers in a bus from Bengaluru to Hyderabad and when the said bus
reached near Kurnool, on Bellary road fly over at that time the driver of the said bus drove the same in a rash and negligent manner and hit the hind portion of the lorry which was proceeding in front of the said bus. As a result, the claimant and other passengers of the bus sustained injuries. On a claim petition being filed the court below had awarded a compensation of Rs.2,69,000/-.
that the accident had taken place because of the rash and negligent driving of the driver of the offending vehicle and the insurance company is liable to pay the compensation. The insurance company has not preferred any appeal and
this is an appeal by the claimant and this Court is concerned only with the enhancement. As per the discharge summary the claimant had sustained fracture of polytrauma with displaced segmental fracture of shaft of left femur, head injury and other grievous injuries. The court below under the head of pain and suffering had granted an amount of Rs.30,000/-. When it comes to the
NC: 2023:KHC:38483 MFA No. 280 of 2018
income according to the claimant he was earning an amount of Rs.50,000/- per month and he has relied upon Exhibits-P22 and P23, the ID card to show that he was working with the Bangalore Turf Club Limited and earning substantial amounts. The court below had observed that expect marking the documents the claimant had not examined the concerned person and since the accident is of the year 2013, the court below had considered the monthly income of the claimant at Rs.7,000/- and under the head of 'loss of income due to disability' granted an
amount of Rs.1,71,000/-, towards loss of amenities an amount of Rs.25,000/- was granted, towards nourishment, conveyance and attendant charges an amount of Rs.7,000/- was granted. Considering the income at Rs.7,000/- for three months towards loss of income during laid up period granted an amount of Rs.21,000/-. Towards future medical expenses the court below had granted an amount of Rs.15,000/-.
the compensation that was granted towards pain and sufferings was also not reasonable.
NC: 2023:KHC:38483 MFA No. 280 of 2018
Rs.7,000/- per month. He submits that without examining the concerned person merely filing of the documents is not sufficient and the court below had rightly observed and granted the compensation. He submits that no grounds are made out by the claimant for enhancement of the compensation.
this Court is of the view that the ID card and accounts statement shows that he is earning substantial amounts
NC: 2023:KHC:38483 MFA No. 280 of 2018
and this Court cannot consider the same as it is, as no further oral evidence in support of the same was adduced. However, this court is inclined to consider the salary at Rs.9,000/- p.m. The court below as per the evidence of the Doctor had rightly considered the disability at 12% to the whole-body. i.e., Rs.9,000 x 12 x 17 x 12/100 = Rs.2,20,320/ -, towards loss of amenities the Court had granted Rs.25,000/-, considering the nature of injuries and the impact, the suffering this Court is inclined to grant a sum of Rs.30,000/- . Towards Attendant, Nourishment And Conveyance the court below had granted only Rs.7,000/- which is not appropriate. Considering the injuries, recovery and the nourishment that was required this Court is inclined to grant Rs.15,000/- on all these three heads. Towards loss of income during laid up period this court considering Rs.9,000/- x 3 months it comes to Rs.27,000/-. Towards
Future Medical Expenses as this is accident of 2013 this court is inclined to grant an amount of Rs.20,000/-.
7. Further, in the light of the law laid down by the
Hon'ble Supreme Court in the case of V.MEKALA vs. M.
MALATHI AND ANOTHER1 , the claimant is entitled for
an amount of Rs.10,000/- towards Legal Expenses .
compensation under the following heads:
| Heads | Co |
mpensation Awarded |
||
|---|---|---|---|---|
| 1. | Pain and Sufferings | : | Rs. | 40,000/- |
| 2. | Loss of future income due to disability | : | Rs. | 2,20,320/- |
| 3. | Loss of Earning during laid up period (Rs.9,000 x 3 ) |
: | Rs. | 27,000/- |
| 4. | Loss of Amenities | : | Rs. | 30,000/- |
| 5. | Attendant, Nourishment & Conveyance | : | Rs. | 15,000/- |
| 6. | Future Medical Expenses | : | Rs. | 20,000/- |
| 7. | Legal Expenses | : | Rs. | 10,000/- |
| 8. | TOTAL | : | Rs. | 3,62,320/- |
1 (2014) 11 SCC 178
NC: 2023:KHC:38483 MFA No. 280 of 2018
9. Accordingly, the appeal is partly allowed ,
enhancing the compensation amount from Rs.2,69,000/to Rs.3,62,320/-.
i) The enhanced amount shall carry interest at 6% p.a. from the date of petition till the date of realization.
ii) The respondent - insurance company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security.
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.
NC: 2023:KHC:38483 MFA No. 280 of 2018
Pending miscellaneous petitions, if any, shall stand
closed.
SD/JUDGE
JJ
List No.: 1 Sl No.: 57
3 issues framed by the court
Whether the compensation awarded for motor vehicle accident injuries should be enhanced.
Whether documents relating to the appellant's income are sufficient to prove earnings without oral testimony.
Whether the awarded compensation is reasonable given the nature of injuries sustained.
Colour shows how this judgement treated each authority
V. MEKALA vs. M. MALATHI AND ANOTHERApplied¶49
V.MEKALA vs. M. MALATHI AND ANOTHER
1 provisions across 1 enactments
MR KURSHAD ALAM
THE MANAGING DIRECTOR M/S VRL LOGISTICS LTD
THE DIVISIONAL MANAGER THE NEW INDIA ASSURANCE CO.LTD
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
