Partly allowed

Shalini K.N. v. H.M. Chandrashekhar

Karnataka HC30 Oct 2023MFA/3194/2017

Case brief

AI extract

What is this about?

High Court Enhanced compensation in a motor vehicle accident appeal arising from injuries sustained in a road traffic collision involving a bicycle and a motor vehicle, revising medical and pain and suffering awards.

What did the court decide?

Appeal partly allowed; compensation enhanced from Rs.42,524/- to Rs.97,524/- with 6% simple interest from date of petition to realization.

Shalini K.N. Vs H.M. Chandrashekhar — Motor Accident Claims | Karnataka HC (2023)

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NC: 2023:KHC:38351 MFA No. 3194 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 30^TH DAY OF OCTOBER, 2023 BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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MISCELLANEOUS FIRST APPEAL NO. 3194/2017 (MV-I)

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BETWEEN:

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SHALINI K.N. D/O LATE NITYANANDA AGED 23 YEAWRS, KADALAMAGE,ARASIKERE TALUK, ASSAN DIST. NOW R/AT KALPATHARU COLLEGE WOMENS HOSTEL, TIPTUR.

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…APPELLANT

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(BY SRI HANUMANTHARAYAPPA K, ADVOCATE)

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AND:

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Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA

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H.M. CHANDRASHEKHAR S/O MALLAIAH, HALENAHALLI, TIPTUR TALUK.

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IFFCO-TOKIO GENERAL INSURANCE CO., LTD., CORPORATE OFFICE, 4TH & 5TH FLOOR, IFFCO TOWER, PLOT NO.3, SECTOR 29, GURGAON, HARYANA 122001.

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…RESPONDENTS

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(BY SRI MALLIKARJUNA REDDY, ADVOCATE)

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NC: 2023:KHC:38351 MFA No. 3194 of 2017

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.10.2016 PASSED IN MVC NO.1043/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND XIV MACT, TIPTUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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This is an appeal filed by the claimant aggrieved by the judgment and award dated 03.10.2016 passed by the Senior Civil Judge & XIV MACT, Tiptur in MVC No.1043/2012 seeking enhancement of the compensation. 2. It is the case of the claimant that on 13.04.2012 when the claimant was riding a bicycle to go to 2nd PU Tuition on NH-206 Road on the left side and when she reached near Gurudarshan Hotal at about 5.45am, at that point of time the rider of Bajaj Discover bearing Registration No. KA-44 G-579 came from bus stand side in a rash and negligent manner without observing the traffic rules and regulations with high speed and dashed against the claimant. Due to the said impact, the claimant fell down and sustained grievous injuries all

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3 - NC: 2023:KHC:38351 MFA No. 3194 of 2017

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over the body. Immediately claimant was shifted to General Hospital, Tiptur and after first aid she was shifted to Vinayaka Nursing Home, Tumkur. Thereafter, on the advise of the doctor she was shifted to Manipal Hospital, Bangalore for higher treatment. She incurred huge amount for treatment and other expenses and even after discharge he has been taking follow up treatment. According to the claimant, she lost one year education and in the meantime, her father died and her mother only taking case of the claimant. The claimant filed claim petition seeking compensation of an amount of Rs.11,00,000/-.

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The Tribunal taking into consideration all the

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relevant facts granted an amount of Rs.20,000/- towards

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pain and sufferings, towards medical and treatment expenses a sum of Rs.17,524/- as claimed was awarded. The Tribunal awarded a sum of Rs.5,000/- towards food, nourishment and attendant charges. All together compensation of an amount of Rs.42,524/- was awarded to the claimant.

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NC: 2023:KHC:38351 MFA No. 3194 of 2017

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The learned counsel for appellant submits that

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as per the evidence of the doctor the claimant had sustained fracture of dentoalveolar segment upper and lower canine to canine. Intrusion and lingual displacement of incisors. Avulsed upper left central incisor tooth and for

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the said injuries under GA the fractured dentoalveolar segments were reduced and teeth brought into occlusion. Surgical splinting done to stabilize the loose teeth. Debridement done. The learned counsel submits that considering the grievous injuries granting an amount of Rs.20,000/- towards pain and suffering is on the lower

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side. He submits that as the injury was to the mouth she require lot of extra nourishment. He submits that the Tribunal under the head of food, nourishment and attendant charges granted only a sum of Rs.5,000/-, which is on the lower side. He further submits that the Tribunal has not granted any amount towards the medical

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bills produced at Ex.P17, 23, 27 to 47 related to the said injuries. The Court below ought to have granted the said amount mentioned in those bills. He submits that because

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5 - NC: 2023:KHC:38351 MFA No. 3194 of 2017

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of the injuries she sustained, it would have an impact on her future life and these aspects were not at all considered by the Tribunal. He further submits that the compensation that was awarded by the Tribunal was not just and reasonable and hence prays to enhance the same.

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The learned counsel for respondent - Insurance Company submits that the Tribunal has rightly not considered the medical bills produced at Ex.P17, 23, 27 to 47, as they do not relate to the injuries sustained in the road traffic accident and these medical bills were much prior to the date of accident. It is further submitted that the Tribunal considering the injuries sustained by the claimant has rightly granted a sum of Rs.20,000/- towards pain and suffering. He submits that the compensation that was granted by the Tribunal was just and reasonable and no grounds are made out for enhancement of the compensation.

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Having heard the counsel on either side, perused the entire material on record.

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6 - NC: 2023:KHC:38351 MFA No. 3194 of 2017

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In this case the injuries that are sustained by

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the claimant are grievous in nature. As per the evidence of the doctor and Ex.P7 - wound certificate the injuries sustained are fracture of dentoalveolar segment upper and lower canine to canine. Intrusion and lingual displacement of incisors. As per the discharge summary produced at Ex.P63 issued by Manipal Hospital to the injuries sustained are fracture of dentoalveolar segment upper and lower canine to canine. Intrusion and lingual displacement of incisors. They have treated the claimant of avulsed upper left central incisor tooth and for the said injuries under GA the fractured dentoalveolar segments were reduced and teeth brought into occlusion. Surgical splinting done to stabilize the loose teeth. Debridement done.

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The injuries sustained by the claimant are grievous in nature and she must have undergone lot of pain and suffering, but the Tribunal has awarded only an amount of Rs.20,000/- under this head, which is on the lower side. Therefore, this Court is inclined to award a sum of Rs.50,000/- under the head of pain and suffering.

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When it comes to the medical bills, the Tribunal has not considered the medical bills produced at Ex.P17, 23, 27 to

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47 as these bills and expenses are much prior to the accident. On this ground this Court finds that there is no irregularity with the finding of the Tribunal and the Tribunal has rightly not considered and rightly granted only an amount of Rs.17,524/- towards medical expenses. Then coming to the head food, nourishment and attendant charges, the Tribunal had granted only an amount of Rs.5,000/-, but considering the injuries sustained by the claimant to the mouth and the extra nourishment required, the amount granted is on the lower side. Under this head this Court is inclined to grant a sum of Rs.20,000/-.

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In the light of the law laid down by the Hon'ble Apex Court in the case of V.MEKALA vs. M. MALATHI AND ANOTHER¹ , the claimants are entitled for an amount

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of Rs.10,000/- towards legal expenses.

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1 (2014) 11 SCC 178

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All together, the claimant is entitled to an amount of Rs.97,524/- as detailed under the following heads:

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SL.	HEAD	AMOUNT (in Rs.)
NO.
01.	PAIN AND SUFFERINGS	50,000=00
02.	MEDICAL EXPENSES	17,524=00
03.	CONVEYANCE, FOOD, NOURISHMENT, ATTENDANT CHARGES	20,000=00
04.	LEGAL EXPENSES	10,000=00
	TOTAL	97,524=00

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Accordingly, the appeal preferred by the claimant is partly allowed by enhancing the compensation from Rs.42,524/- to Rs.97,524/-.

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(i) The enhanced amount of compensation shall be deposited by the respondent - Insurance Company within 8 weeks and on such deposit the claimant is at liberty to withdraw the same.

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(ii) The enhanced amount shall carry interest at 6% p.a. from the date of petition till the date of realization.

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NC: 2023:KHC:38351 MFA No. 3194 of 2017

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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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(v) No costs.

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SD/JUDGE

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VK List No.: 1 Sl No.: 39

Shalini K.N. v. H.M. Chandrashekhar

Case brief

What is this about?

What did the court decide?

Shalini K.N. v. H.M. Chandrashekhar

Case brief

What is this about?

What did the court decide?

What the court decided

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