This High Court allowed an appeal partly, enhancing compensation awarded for motor vehicle accident injuries from Rs.2,87,774 to Rs.3,17,774 by adding amounts for loss of future amenities and legal expenses.
Compensation enhanced from Rs.2,87,774 to Rs.3,17,774; interest at 6% p.a. awarded; respondent to deposit amount within eight weeks.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5077 OF 2019 (MV-I)
BETWEEN:
…APPELLANT
(BY SRI.SHRIPAD V.SHASTRI .,ADVOCATE)
AND:
NC: 2023:KHC:46125 MFA No. 5077 of 2019
HUDSON CIRCLE, BENGALURU-01.
…RESPONDENTS
(BY SRI.K.NAGARAJAIAH.,ADVOCATE FOR R3) (VIDE ORDER DATED 06.11.2023 NOTICE TO R1 AND R2 D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14/11/2018, PASSED IN MVC NO.4113/2017, ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE AND MACT, (SCCH-17), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This is an appeal filed by the claimant seeking enhancement of the compensation aggrieved by the award
passed in M.V.C. No 4113/2017, dated 14.11.2018 by the XIX Additional SCJ and MACT, Bengaluru (SCCH-17). The claim petition was filed seeking compensation of an amount of Rs.20,00,000/- for the injuries sustained by the claimant in the accident.
left, X-ray right leg shows fracture mid shaft of right tibia. He was inpatient for a period of 17 days. According to the claimant he was working as Stope Associate in Reliance Digital Private Limited and earning an amount of Rs.13,000/- per month. The Court below considering the income of the claimant at Rs.13,000/- per month has awarded a sum of Rs.39,000/- (13,000x3=39,000/-) towards loss of income during the laid up period. According to the doctor, Claimant had sustained 14% disability to the whole body.
NC: 2023:KHC:46125 MFA No. 5077 of 2019
heads the Court below had granted compensation of an
amount of Rs.2,87,774/-.
| Sl.No. | Heads | Amount |
|---|---|---|
| 1. | Towards pain and suffering |
Rs.55,000/- |
| 2. | Towards attendant charges, extra food and conveyance expenses |
Rs.25,000/- |
| 3. | Towards medical expenses |
Rs.38,774/- |
| 4. | Loss of income during laid up period |
Rs.39,000/- |
| 5. | Loss of income due to permanent disability |
NIL |
| 6. | Towards disability | Rs.75,000/- |
| 7. | Loss of future amenities and happiness |
Rs.30,000/- |
| 8. | Towards future medical expenses |
Rs.25,000/- |
| Total | Rs.2,87,774/- |
submits that the Court below without considering any
evidence on record has granted the compensation. He submits that when the doctor had deposed that there is disability, the Court below considering the disability and by applying the multiplier ought to have granted compensation under the head of loss of future income. It is further submits that the compensation awarded by the Tribunal was not just and reasonable.
Rs.39,000/- towards loss of income during the laid up period . Then when it comes to the loss of future
income the claimant had not produced any document to show that he had lost the income because of the injuries sustained by him and even the bank statement was not produced. This Court is not able to appreciate the submission of the learned counsel for the appellant that the Court below has not applied appropriate multiplier. When the claimant has failed to adduce necessary evidence, Court below had rightly applied appropriate multiplier and granted an amount of Rs.75,000/- towards disability . On all the other heads also, the compensation that was awarded by the Tribunal was just and reasonable. When it comes to the loss of amenities , considering the evidence of the doctor this Court is inclined to grant an amount of Rs.50,000 /- under the said head.
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 .
1 (2014) 11 SCC 178
compensation under the following heads:
| Sl.No. | Heads | Com A |
pensation warded |
|
|---|---|---|---|---|
| 1. | Pain and Sufferings | : | Rs. | 55,000/- |
| 2. | Loss of income during laid up period (Rs.13,000 x 3 ) |
: | Rs. | 39,000/- |
| 3. | Medical expenses | : | Rs. | 38,774/- |
| 4. | Loss of future Amenities | : | Rs. | 50,000/- |
| 5. | Attendant, extra food and nourishment, conveyance charges |
: | Rs. | 25,000/- |
| 6. | Loss of future income | : | Rs. | 75,000/- |
| 7. | Loss of future medical expenses | : | Rs. | 25,000/- |
| 8. | Legal Expenses | : | Rs. | 10,000/- |
| TOTAL | : | Rs. | 3,17,774/- |
Rs.2,87,774/- to an amount of Rs.3,17,774 /-.
of realization.
Pending miscellaneous petitions, if any, shall stand
closed.
SD/JUDGE
RMS List No.: 1 Sl No.: 57
2 issues framed by the court
Whether compensation awarded by the Motor Accident Claims Tribunal should be enhanced based on medical evidence of disability and loss of amenities.
Whether the claimant is entitled to legal expenses under the precedent V.Mekala vs. M.Malathi.
Colour shows how this judgement treated each authority
V.MEKALA vs. M. MALATHI AND ANOTHERFollowed¶43
V.MEKALA vs. M. MALATHI AND ANOTHER
1 provisions across 1 enactments
SRI.K.THARUN RAJ
SRI. L.SATISH
SRI. MANJUNATHA
UNITED INDIA INSURANCE CO.LTD.
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
