An appeal against the award compensation in a motor vehicle accident case. The court enhanced the compensation amount from rupees 1,16,784 to rupees 2,86,784 by adding a sum for legal expenses.
Appeal allowed in part; compensation enhanced to Rs. 2,86,784 with 6% interest, order for immediate deposit by 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5443 OF 2015 (MV-I)
BETWEEN:
SRI PRADEEP S/O SELVARAJ AGED ABOUT 27 YEARS R/AT NO.104 MUNICHIKKANNA COMPOUND COCONUT GARDEN, RMV 2ND STAGE ASHWATH NAGAR, BANGALORE PERMANENT ADDRESS: NO. 23, R BLOCK, ELARGO STREET, M.M.D.A. COLONY, ARUMBAKKAM CHENNAI-6000106
…APPELLANT
Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA
(BY SRI. SRINIVASA T P.,ADVOCATE)
AND:
R/O DODDABANAHALLI VILLAGE
NC: 2023:KHC:30911 MFA No. 5443 of 2015
KANNAMANGALA POST HOSAKOTE-KADUGODI ROAD BANGALORE-560067
…RESPONDENTS
(BY SRI P.B. RAJU.,ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.01.2015 PASSED IN MVC NO.5653/2011 ON THE FILE OF THE COURT OF SMALL CAUSES, MEMBER, ADDITIONAL MACT, MAYOHALL UNIT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This is an appeal filed by the claimant aggrieved by
the award passed in MVC.No.5653/2011 dated 05.01.2015 on the file of the Court of Small Causes, Mayohall Unit and MACT, Bangalore (SCCH.19).
claimant is that on 11.08.2011 at about 11.00 p.m, when the claimant was riding his motor cycle on Nallurahalli
main road by observing the traffic rules and regulations slowly and cautiously, at that time the tractor driven by its driver came in a rash and negligent manner with a high speed without following the traffic rules dashed the motor cycle, caused the accident. He had sustained multiple grievous injuries, fracture of right zygoma bone of cheek, clavicle, middle phalanx, right 2nd Rib and little phalanx and other injuries. After the accident, he was rushed to the hospital, he was treated as inpatient, he had incurred an amount of Rs.1,00,000/- towards medical treatment. Because of the injuries he was not able to sit, stand and not able to lift the things and he was advised to take rest for six months. According to the claimant, he was aged 23 years working as Manager at Sodexo Restaurant and was drawing salary of an amount of Rs.7,500/- per month.
NC: 2023:KHC:30911 MFA No. 5443 of 2015
expenses, conveyance, diet and nourishment and other incidental charges granted an amount of Rs.32,784/- and towards future medical expenses granted an amount of Rs.20,000/-, towards loss of income during laid up period granted an amount of Rs.24,000/-, towards loss of amenities an amount of Rs.10,000/- was granted. Altogether an amount of Rs.1,16,784/- was awarded by the Tribunal.
learned counsel for the appellant. Heard the learned counsel for the insurance company and perused the entire material on record. In this case, as per the wound certificate, he had sustained cut lacerated would 4 x 0.5 x 0.5 cm right middle finger, abrasion over 8 x 6 cm right deltoid, 4 x 3 cm right cheek, fracture of zygoma bone of check, fracture of right clavicle bone, fracture of right middle phalanx, fracture of right 2nd rib, fracture of right little phalanx finger. The doctor had opined that injuries are grievous in nature. He had sustained three simple injuries and four grievous injuries. For the said injuries,
under the head of pain and suffering, he is entitled for an amount of Rs.1,90,000/-, towards medical expenses, conveyance, diet and nourishment, attendant charges the court below had granted an amount of Rs.32,784/- which is a reasonable amount and towards future medical expenses an amount of Rs.20,000/- is granted, the said amount granted by the court below is reasonable. Coming to the income during the laid up period, though there was no evidence, the court had considered an amount of Rs.6,000/- per month and granted an amount of Rs.24,000/- which is also reasonable. Towards of loss of amenities, an amount of Rs.10,000/- was granted, even that amount do not require any interference.
1 (2014) 11 SCC 178
an amount of Rs.2,86,784/-. Accordingly, this appeal filed by the claimant is Allowed-in-part by enhancing the compensation from Rs.1,16,784/- to Rs.2,86,784/-.
the following heads:
| Sl.No. | Description of Items | C | ompensation Awarded |
|---|---|---|---|
| 1. | Pain and suffering | Rs. | 1,90,000/- |
| 2. | Medical expenses, attendant charges, food and nourishment |
Rs. | 32,784/- |
| 3. | Future medical expenses | Rs. | 20,000/- |
| 4. | Loss of income during laid up period |
Rs. | 24,000/- |
| 5. | Loss of amenities | Rs. | 10,000/- |
| 6. | Legal Expenses | Rs. | 10,000/- |
| Total | Rs. | 2,86,784/- |
NC: 2023:KHC:30911 MFA No. 5443 of 2015
Pending miscellaneous petitions, if any, shall stand closed.
SD/JUDGE
TS List No.: 1 Sl No.: 1
1 issue framed by the court
Whether the compensation awarded by the tribunal was appropriate and whether it should be enhanced.
Colour shows how this judgement treated each authority
V. MEKALA -vs- M. MALATHI AND ANOTHERApplied¶37
V. MEKALA -vs- M. MALATHI AND ANOTHER
SRI PRADEEP S/O SELVARAJ
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.
SRI SAJJAPPA S/O CHIKKARAMAIAH MAJOR
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
