High Court enhanced motor accident compensation from Rs.4,62,000 to Rs.5,30,000 allowing claimant's appeal in part by re-calculating loss of earning, attendant charges, and legal expenses under MV Act.
Compensation enhanced from Rs.4,62,000 to Rs.5,30,000; direction to insurer to pay with 6% interest within 8 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.
NC: 2023:KHC:37320 MFA No. 5913 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5913 OF 2012
(MV-I)
BETWEEN:
SRI ARUN KUMAR SHETTY AGED ABOUT 38 YEARS S/O LATE VENKAPPA SHETTY R/AT NO. 61/38, G RAMANNA BUILDING, INFRONT OF IYAPPA TEMPLE, NTI BUS STOP, BOOPASANDRA MAIN ROAD,NAGASHETTIHASLLI, BANGALORE-94
Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA
(BY SMT.BHANU H.M. ADVOCATE FOR; SRI. M.R. KUMARA SWAMY., ADVOCATE)
…APPELLANT
AND:
NC: 2023:KHC:37320 MFA No. 5913 of 2012
…RESPONDENTS
(BY R1 - NOTICE D/W V/O DTD: 18.02.2015; SRI. K N SRINIVASA., ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.10.2011 PASSED IN MVC NO.5833/2010 ON THE FILE OF THE XXI A.C.M.M., AND XXIII ADDITIONAL SMALL CAUSE JUDGE, MACT, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This is an appeal filed by the claimant aggrieved by
the award passed in MVC.No.5833/2010 dated 21.10.2011 on the file of the XXI ACMM & XXIII ASCJ, MACT, Bengaluru.
NC: 2023:KHC:37320 MFA No. 5913 of 2012
seeking compensation of an amount of Rs.10,00,000/- for
the injuries sustained by the claimant in the accident, whereby the Tribunal had granted compensation of an amount of Rs.4,62,000/-. The case of the claimant is that on 20.07.2010 at about 5.00 p.m. the claimant was riding the Honda active on Jayamahal road on the left side of the road at moderate speed. When the claimant was proceeding near Mekhri circle, R.T. Nagar, the diver of the car drove the same in high speed in a rash and negligent
manner and dashed against the claimant. Due to the impact, claimant fell down and sustained grievous injuries. Immediately after the accident, claimant was taken to Baptist Hospital, Bangalore and thereafter shifted to M.S. Ramaiah Hospital for higher treatment, wherein he took treatment as inpatient for 15 days. According to the claimant he had sustained L-2 wedge compression fracture with both transverse process fractures with left lower limb porosis. He underwent anterior decompression with tricortical iliac crest bone grafting and anterior
instrumentation with rod and screw. He had spent huge amount towards treatment. According to the claimant he was working as a Supervisor in M/s. Sai Caterers and earning an amount of Rs.15,000/- and daily bata of Rs.200/-. In support of his case, he has marked Ex.P-12 Salary Certificate. The court below on the issue of negligence had held that the accident had taken place because of the rash and negligent driving of the driver of the offending vehicle and same is insured by the respondent-insurance company and the insurance company is liable to pay the compensation. Then coming to the compensation, the court below has considered the income at Rs.5,000/- as no evidence was placed except marking Ex.P-12, as the author of the same was not examined, the court below had considered an amount of Rs.5,000/- as income. Then coming to the disability, according to the doctor he had sustained 20% disability to the whole body. The court without any evidence without any calculation has granted an amount of Rs.1,50,000/-. Towards medical expenses basing on the evidence had
granted an amount of Rs.1,53,000/-., towards loss of amenities an amount of Rs.40,000/-, towards future medical expenses, as it is the evidence of the doctor that he required future surgery which may cost around Rs.30,000/ to Rs.40,000/-, the court below had granted an amount of Rs.30,000/-, towards loss of earning during the laid up period considering Rs.5,000/- per month, the court had granted an amount of Rs.5,000/-, towards transport, conveyance and attendance charges the court had granted an amount of Rs.4,000/-.
that when he has placed on record the evidence to show that he is earning an amount of Rs.15,000/-, the court below ought not to have taken Rs.5,000/-. It is submitted that claimant was aged 36 years and whether the court below had applied the multiplier or not and on what basis the court has arrived at the said amount is not known. Learned counsel submits that the amount that was
granted under the head of conveyance and attendant charges is on lower side. For the injuries sustained by him
at least it would take three months time for him to get back to the work and the court below ought not have granted compensation only for one month under the head
of loss of earning during the laid up period.
accident is of the year 2010, the income can be considered at Rs.5,000/- . When it comes to loss of earning during
laid up period , considering the kind of injuries sustained by him, at least it would take three months for him to recover, this court is inclined to grant an amount of Rs.15,000/-, towards pain and suffering and medical expense, loss of amenities in life, the court below had granted an amount of Rs.80,000/-, Rs.1,53,000/- and Rs.40,000/- respectively and in the opinion of this court, it is a reasonable amount. Then coming to the head of
loss of income due to disability as, this court has considered Rs.5,000/- as income, Rs.5,000/- x 12 x Multiplier 16 x disability 20% it would come to Rs.1,92,000/-. Towards future medical expenses , the court below rightly granted an amount of Rs.30,000/-, towards attendant and conveyance charges the court below had granted only an amount of Rs.4,000/-, considering the nature of injuries, hospitalisation and the recovery, this court is inclined to grant an amount of Rs.10,000/- towards these three heads.
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. Altogether the claimant is entitled for an amount Rs.5,30,000/-. Accordingly the appeal is Allowed-inpart by enhancing the compensation from Rs.4,62,000/-
to Rs.5,30,000/-.
| Sl. No. |
Description of Items | C | ompensation Awarded |
|---|---|---|---|
| 1. | Loss of disability | Rs. | 1,92,000/- |
| 2. | Medical Bills | Rs. | 1,53,000/- |
| 3. | Pain and suffering | Rs. | 80,000/- |
| 4. | Loss of amenities in life | Rs. | 40,000/- |
| 5. | Future Medical Expnses | Rs. | 30,000/- |
| 6. | Loss of Income during laid up period |
Rs. | 15,000/- |
1 (2014) 11 SCC 178
| 7. | Attendant, conveyance & transport charges |
Rs. | 10,000/- |
|---|---|---|---|
| 8. | Legal Expenses | Rs. | 10,000/- |
| Total | Rs. | 5,30,000/- |
Rs.5,30,000/-.
NC: 2023:KHC:37320 MFA No. 5913 of 2012
Pending miscellaneous petitions, if any, shall stand closed.
SD/JUDGE
TS
List No.: 1 Sl No.: 15
2 issues framed by the court
Whether the compensation awarded by the tribunal under the Motor Vehicles Act requires enhancement?
Whether quantum of compensation should be recalculated based on documented income and multiplier?
Colour shows how this judgement treated each authority
V. MEKALA -vs- M. MALATHI AND ANOTHERExplained¶48
(2014) 11 SCC 178 · Who else cites this
1 provisions across 1 enactments
Sri Arun Kumar Shetty
Syed Zainulla Bussin Danial
New India Assurance Company Ltd.
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
