In a Motor First Appeal against the Motor Accident Claims Tribunal award, the High Court enhanced compensation from Rs.2,85,000 to Rs.5,13,500 considering higher disability percentage, income loss, and pain.
Compensation enhanced to Rs.5,13,500 inclusive of interest at 6% p.a., with deposit directed to Respondent.
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:46801 MFA No. 4201 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO.4201 OF 2019 (MV-I)
BETWEEN:
PRASANNA, S/O CHANDRASHEKARA, AGED ABOUT 23 YEARS, R/O MANICHANAHALLI VILLAGE, SHANTHIGRAMA HOBLI, HASSAN TALUK AND DISTRICT-573201.
…APPELLANT
(BY SRI.PAVAN.M AND SRI.GIRISH B.BALADARE, ADVOCATE)
AND:
Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA
REPRESENTED BY THE MANAGER, RELIANCE INSURANCE COMPANY LTD., KRUTHIKA ORCADE, HOLENARASIPURA ROAD, HASSAN-573201.
NC: 2023:KHC:46801 MFA No. 4201 of 2019
…RESPONDENTS
(BY SRI. MAHESWARA S., ADVOCATE FOR R1 V/O DT.20.03.2020 NOTICE TO R2 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.12.2018 PASSED IN MVC NO.697/2018 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETIC.,
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in M.V.C. No.
697/2018 dated 29.12.2018, by the V Additional District
and Sessions Court and Additional MACT at Hassan. The claimant is before this Court seeking enhancement of the compensation. The claim petition was filed seeking compensation of an amount of Rs.15,00,000/- for the injuries sustained by the claimant in the accident. The
Court below had granted compensation of an amount of Rs.2,85,000/-.
as a JCB driver and when he was riding the motorcycle the Mahendra Vehicle came in rash and negligent manner and dashed against the motor bike due to which the claimant fell down and sustained right sided posterior dislocation of hip, left sided distal 1/3rd tibia fracture and facial injury and in his opinion injury No.1 to 3 were grievous in nature and according to the doctor injury Nos.1 to 3 are grievous in nature. The doctor had deposed that he had sustained 27% disability to the limb and the Court below had taken 10% as the disability. When it comes to income, according to the claimant he was working as a driver and earning an amount of Rs.20,000/- per month, but the Court below had taken the monthly income at Rs.8,000/-. The Court below had granted compensation under the following heads :
| Sl. No. | Heads | Amount |
|---|---|---|
| 1. | Towards disability | 1,73,000 |
| 2. | Medical Expenditure | 66,000 |
| 3. | Pain and Suffering | 10,000 |
| 4. | Attendant charges | 1,400 |
| 5. | Food and nourishment | 5,000 |
| 6. | Further Surgery cost | 30,000 |
| Total | 2,85,400 |
claimant submits that the accident had taken place in the year 2018. According to the claimant he was working as a driver and earning an amount of Rs.20,000/- per month.
The Court below had taken the income at Rs.8,000/-. He submits that for a JCB driver taking the income at Rs.8,000/- is on the lower side. He submits that when the claimant had sustained two grievous injuries, granting an amount of Rs.10,000/- under the head of pain and suffering was not just and reasonable. Further, towards attendant charges, food and nourishment also very meager amount of Rs.6,400/- was awarded. As he had sustained 10% disability no amount was granted under the
head of loss of amenities. Even under the head of loss of income during the laid up period also no amounts were granted. It is submitted that the compensation that was awarded by the Tribunal was not just and reasonable.
the Court below had rightly taken the income at Rs.8,000/- per month. It is submitted that under all the other heads, the compensation that was awarded was just and reasonable and no grounds are made out for enhancement of the compensation.
perused the entire material on record. In this case the claimant had sustained two grievous injuries and under
the head of pain and suffering, the Court below had granted an amount of Rs.10,000/- which is on lower side.
NC: 2023:KHC:46801 MFA No. 4201 of 2019
This Court is inclined to granting an amount of Rs.50,000 /- under the head of pain and suffering . Coming to the disability, Court below had taken the income at Rs.10,000/-. As this is an accident of the year 2018, for a JCB driver considering the salary at Rs.8,000/was on the lower side. This Court is taking the salary at Rs.12,500/- and towards loss of future income , it would comes to ( Rs.12,500x12x18x10/100) an amount of Rs.2,70,000/-. Then towards medical expenses the Court below had rightly granted an amount of Rs.66,000/-. Towards Attendant charges, food and nourishment, considering the injuries, hospitalization and the recovery , this Court is inclined to granting an amount of Rs.20,000/-, towards future surgery , Court below had rightly granted an amount of Rs.30,000/- and no interference is called for. Then coming to the loss of income during laid up period considering the injuries, it takes minimum 3 months to get back to the work (12,500x3), hence an amount of Rs.37,500/- is granted . Towards loss of amenities, no amounts were granted.
Considering the disability and the injuries and its impact this Court is granting an amount of Rs.30,000/- towards
loss of amenities.
compensation under the following heads:
| Heads | Com A |
pensation warded |
||
|---|---|---|---|---|
| 1. | Pain and Sufferings | : | Rs. | 50,000/- |
| 2. | Medical expenses | : | Rs. | 66,000/- |
| 3. | Attendant, food and nourishment | : | Rs. | 20,000/- |
| 4. | Future surgery | : | Rs. | 30,000/- |
| 5. | Loss of income during laid up period 12500x3 |
: | Rs. | 37,500/- |
| 6. | Loss of amenities | : | Rs. | 30,000/- |
1 (2014) 11 SCC 178
NC: 2023:KHC:46801 MFA No. 4201 of 2019
| 7. | Loss of future income | : Rs. |
2,70,000/- |
|---|---|---|---|
| 8. | Legal Expenses | : Rs. |
10,000/- |
| TOTAL | : Rs. |
5,13,500/- |
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.
NC: 2023:KHC:46801 MFA No. 4201 of 2019
certified copy of the order passed by this
Court forthwith without any delay.
iv. No costs.
Pending miscellaneous petitions, if any, shall stand closed.
SD/JUDGE
RMS
List No.: 1 Sl No.: 26
3 issues framed by the court
Whether the compensation awarded by the Tribunal needs enhancement considering the disability and injuries sustained.
Whether the salary affidavit should be accepted for calculation of future loss of income.
Whether an amount should be granted for pain and suffering, loss of amenities, and attendant charges.
Colour shows how this judgement treated each authority
V.MEKALA vs. M. MALATHI AND ANOTHERExplained¶49
V.MEKALA vs. M. MALATHI AND ANOTHER (2014) 11 SCC 178 · Who else cites this
PRASANNA
THE MANAGER, RELIANCE INSURANCE CO. LTD.
LALITHA KANNEGANTI
As recorded by the court registry
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LALITHA KANNEGANTI
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