Partly allowed

Ramesh v. Sandeep

Karnataka HC15 Dec 2023MFA/4689/2019

Case brief

AI extract

What is this about?

The High Court enhanced compensation amounts in two motor accident cases arising from rash driving, increasing awards for pain and suffering, loss of income, and future medical needs based on applicable legal standards, directing the insurance company to pay and recover from the vehicle owner within eight weeks.

What did the court decide?

Enhanced compensation awarded; Insurance company to deposit within eight weeks and recover from vehicle owner; Interest @ 6% per annum granted.

Ramesh Vs Sandeep — Contract and Commercial Disputes | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:45947 MFA No. 4689 of 2019 C/W MFA No. 4690 of 2019

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 15^TH DAY OF DECEMBER, 2023

¶4

BEFORE

¶5

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.4689 OF 2019(MV-I)

¶6

C/W

¶7

MISCELLANEOUS FIRST APPEAL NO. 4690 OF 2019

¶8

IN MFA NO.4689/2019

¶9

BETWEEN:

¶10

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

¶11

RAMESH, S/O BETTAIAH @ BETTA NAYAKA, AGED ABOUT 30 YEARS, R/O KALLIYUR VILLAGE, T NARASIPURA TQ, MYSURU DISTRICT, NOW R/AT K.P. AGRAHARA, BANGALORE - 560 031.

¶12

(BY SRI. SREENIVASAN M.Y., ADVOCATE)

¶13

AND:

¶14

…APPELLANT

¶15

SANDEEP, S/O MAHADEVA, AGED ABOUT 32 YEARS, R/AT 182, ALAKERE VILLAGE & POST, MANDYA TQ AND DISTRICT - 571 411.

¶16

¶17

NC: 2023:KHC:45947 MFA No. 4689 of 2019 C/W MFA No. 4690 of 2019

¶18

THE BRANCH MANAGER, NATIONAL INSURANCE CO.LTD., V V ROAD, MANDYA - 571 401.

¶19

…RESPONDENTS

¶20

(BY SRI. RAVISH BENNI, ADVOCATE FOR R2; R1 SERVED AND UNREPRESENTED)

¶21

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.10.2018 PASSED IN MVC NO.218/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶22

IN MFA NO.4690/2019

¶23

BETWEEN:

¶24

RANGASWAMY, S/O BETTAPPA, AGED ABOUT 31 YEARS, R/O 1/1, 5TH MAIN, 8TH CROSS, K.P. AGRAHARA BADAVANE, BUVANESHWARI NAGARA, BANGALORE - 560 0037.

¶25

…APPELLANT

¶26

(BY SRI. SREENIVASAN M.Y., ADVOCATE)

¶27

AND:

¶28

SANDEEP, S/O MAHADEVA, AGED ABOUT 32 YEARS, R/AT 182, ALAKERE VILLAGE & POST, MANDYA TQ AND DISTRICT - 571 411.

¶29

¶30

NC: 2023:KHC:45947 MFA No. 4689 of 2019 C/W MFA No. 4690 of 2019

¶31

THE BRANCH MANAGER, NATIONAL INSURANCE CO.LTD., V V ROAD, MANDYA - 571 401.

¶32

…RESPONDENTS

¶33

(BY SRI. RAVISH BENNI, ADVOCATE FOR R2; R1 SERVED AND UNREPRESENTED)

¶34

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.10.2018 PASSED IN MVC NO.219/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶35

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

¶36

JUDGMENT

¶37

Aggrieved by the award passed in MVC Nos.218/2016 and 219/2016 dated 20.10.2018, the claimants have preferred MFA Nos.4689/2019 and 4690/2019. The claim petitions are filed seeking compensation of an amount of Rs.33,00,000/respectively.

¶38

It is the case of the claimants that as they were traveling as inmates of the Car, the driver of the Car drove the same in a rash and negligent manner and dashed against the another Car which was crossing the road, due to which the claimants sustained injuries. The respondent No.2 – Insurance

¶39

4 - NC: 2023:KHC:45947 MFA No. 4689 of 2019 C/W MFA No. 4690 of 2019

¶40

Company has taken specific plea that the Car was not having valid permit as on the date of accident and permit was valid from 02.05.2012 to 01.05.2017, wherein, the accident had taken place on 27.04.2012. The Court below considering the evidence held that though they are not having valid permit, the terms and conditions of the policy are violated, has directed the Insurance Company to pay the compensation and to recover the same from the owner of the vehicle.

¶41

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

¶42

MFA No.4689/2019 arising out of MVC

¶43

No.218/2016

¶44

In this case, the claimant had sustained right leg fracture middle 3^rd right TB fibula and as per the doctor, the said injury is grievous in nature. Under the head pain and sufferings, the Court below had granted an amount of Rs.10,000/- which is on the lower side and this Court is granting an amount of Rs.40,000/-. Coming to the attendant charges, conveyance, nursing care, nourishment and other incidental charges, the Court below

¶45

5 - NC: 2023:KHC:45947 MFA No. 4689 of 2019 C/W MFA No. 4690 of 2019

¶46

had granted an amount of Rs.12,000/-. Considering the period of hospitalization, this Court is granting an amount of Rs.20,000/-. Towards loss of income during laid up period , it is the case of the claimant that he was earning a sum of Rs.30,000/- per month. The Court below had taken Rs.7,500/- considering the year of accident i.e., 2012 and as per the chart, this Court is taking notional income of the claimant at Rs.7,000/- for three months, which comes to Rs.21,000/-. Then coming to the loss of future income, it is the evidence of the doctor that there is disability of 24% to the limb and 1/3^rd of it would be 8%. The Court below had taken 10%. Hence, under the head of loss of future income, Rs.7,000 x 12 x 18 x 8/100 = 1,20,960/- is granted towards loss of future income . Towards loss of amenities, the Court below had granted an amount of Rs.10,000/- which is on the lower side. Considering the injuries, this Court is inclined to grant an amount of Rs.20,000/- towards loss of amenities .

¶47

In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA VS.M.MALATHI AND

¶48

6 - NC: 2023:KHC:45947 MFA No. 4689 of 2019 C/W MFA No. 4690 of 2019

¶49

ANOTHER¹ , the claimant is entitled for an amount of

¶50

Rs.10,000/- towards legal expenses .

¶51

The claimant is entitled for compensation under the following heads:

¶52

Sl.No.	Description of Items	Amounts
		Rs.
1.	Pain and Suffering	40,000.00
2.	Loss of income during laid up period (7,000 X 3)	21,000.00
3.	Attendant charges, food, conveyance and nourishment	20,000.00
4.	Loss of future income	1,20,960.00
5.	Loss of amenities	20,000.00
6.	Legal Expenses	10,000.00
	Total	2,31,960.00

¶53

MFA No.4690/2019 arising out of MVC

¶54

No.219/2016

¶55

In this case, the claimant had sustained abrasion over right forearm, abrasion over right knee and tenderness over left lower limb and the x-ray revealed left knee ribs fracture

¶56

1 (2014) 11 SCC 178

¶57

7 - NC: 2023:KHC:45947 MFA No. 4689 of 2019 C/W MFA No. 4690 of 2019

¶58

proximal left leg tibia. The doctor opined that the said injuries are grievous in nature. Under the head pain and sufferings , the Court below had granted an amount of Rs.10,000/-, which is on the lower side and this Court is inclined to grant an amount of Rs.40,000/-. Towards future medical expenses ,

¶59

the doctor has deposed that the implants have to be removed and it costs around Rs.20,000/-. The Court below had granted Rs.5,000/-, which is on the lower side and this Court is granting an amount of Rs.15,000/-. Towards attendant charges, conveyance, nourishment and other incidental charges , the Court below had granted an amount of Rs.12,000/-. Considering the period of hospitalization, this Court is granting an amount of Rs.20,000/-. Towards loss of income during

¶60

laid up period , the Court below had taken Rs.7,500/considering the year of accident i.e., 2012 and as per the chart, this Court is taking notional income of the claimant at Rs.7,000/- for three months, which comes to Rs.21,000/-. Then coming to the loss of future income, it is the evidence of the doctor that there is disability of 24% to the limb and 1/3^rd of it would be 8%. The Court had taken 10%. Hence, under the head of loss of future income, Rs.7,000 x 12 x 17 x 8/100

¶61

8 - NC: 2023:KHC:45947 MFA No. 4689 of 2019 C/W MFA No. 4690 of 2019

¶62

= 1,14,240/- is granted towards loss of future income . Towards loss of amenities, the Court below had granted an amount of Rs.10,000/- which is on the lower side. Considering the injuries and the disability, this Court is granting an amount of Rs.20,000/- towards loss of amenities .

¶63

In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA VS.M.MALATHI AND ANOTHER² , the claimant is entitled for an amount of

¶64

Rs.10,000/- towards legal expenses .

¶65

The claimant is entitled for compensation under the following heads:

¶66

Sl.No.	Description of Items	Amounts Rs.
1.	Pain and Suffering	40,000.00
2.	Future medical expenses	15,000.00
3.	Loss of income during laid up period (7,000 X 3)	21,000.00
4.	Attendant charges, food, conveyance and nourishment	20,000.00
5.	Loss of future income	1,14,240.00
6.	Loss of amenities	20,000.00

¶67

2 (2014) 11 SCC 178

¶68

9 - NC: 2023:KHC:45947 MFA No. 4689 of 2019 C/W MFA No. 4690 of 2019

¶69

7.	Legal Expenses	10,000.00
	Total	2,40,240.00

¶70

Accordingly, MFA No.4689/2019 is allowed-in-part , by enhancing the compensation from an amount of Rs.2,09,000/- to an amount of Rs.2,31,960/- setting aside the award passed in M.V.C.No.218/2016 dated 20.10.2018 and MFA No.4690/2019 is allowed-in-part , by enhancing the compensation from an amount of Rs.2,05,000/to Rs.2,40,240/- setting aside the award passed in M.V.C.No.219/2016 dated 20.10.2018. The respondent No.2 – Insurance Company shall pay the compensation and recover the same from the owner of the vehicle.

¶71

(a) The enhanced amount shall carry interest @ 6% per annum from the date of petition, till the date of realization.

¶72

(b) Respondent No.2 - Insurance Company shall deposit the enhanced compensation 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 same without furnishing the security.

¶73

10 -

¶74

NC: 2023:KHC:45947 MFA No. 4689 of 2019 C/W MFA No. 4690 of 2019

¶75

(c) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed.

¶76

(d) No Costs.

¶77

(e) Pending miscellaneous petitions, if any, shall stand closed.

¶78

SD/JUDGE

¶79

MH/List No.: 1 Sl No.: 85 CT:SNN

Ramesh v. Sandeep

Case brief

What is this about?

What did the court decide?

Ramesh v. Sandeep

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Sri. P Prashanth Vs the Managing Director

Mr. Ibrahim Vs the Manaing Director

Mr. Parveez Ahmed Vs the Managing Director

The Proprietor / Owner Vs Smt Anitha

Pramod Kumar G C Vs Managing Director/Division Controller

Sri. A.C. Sanjay Vs Sri. N. Hanumantha Kumar