Partly allowed

H M Shivakumar v. Ramachandra M

Karnataka HC22 Nov 2023MFA/8693/2017

Case brief

AI extract

What is this about?

High Court of Karnataka allowed a Motor Accident Claim appeal filed by the claimant against the award of the Motor Accident Claims Tribunal. The High Court enhanced the total compensation granted under various heads of liability and directed the insurance company to deposit the amount.

What did the court decide?

Appeal allowed; compensation enhanced to Rs.5,06,162; respondent obligated to deposit amount within eight weeks; interest at 6% p.a. granted.

H M Shivakumar Vs Ramachandra M — Motor Accident Claims | Karnataka HC (2023)

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1 - NC: 2023:KHC:42026 MFA No. 8693 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 8693 OF 2017 (MV-I)

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BETWEEN:

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H.M. SHIVAKUMAR, S/O MUDDAPPA, AGED ABOUT 37 YEARS, R/O SAJJEHOSAHALLI, DODDERI HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT - 573 132.

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…APPELLANT

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(BY SRI. VASANTHAPPA, ADVOCATE)

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AND:

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RAMACHANDRA M,

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

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S/O LATE MUDALAGIRIYAPPA, MAJOR, R/O KAPALI BUILDING, 1ST CROSS, P.P. SRIDEVI DIAGNOSTIC CENTRE, TUMKUR - 573 132.

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THE MANAGER,

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THE UNITED INDIA INSURANCE CO. LTD., 1ST FLOOR, RAJA COMPLEX, DR. AMBEDKAR ROAD, SIRA - 572 137.

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…RESPONDENTS

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(SRI. JANARDHAN REDDY, ADVOCATE FOR R2; VIDE ORDER DATED 03.11.2023 NOTICE TO R1 IS DISPENSED WITH)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28/04/2017 PASSED IN MVC

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2 - NC: 2023:KHC:42026 MFA No. 8693 of 2017

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NO.282/2016 ON THE FILE OF THE X ADDITIONAL JUDE, COURT OF SMALL CAUSES, BENGALURU PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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JUDGMENT

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This is an appeal filed by the claimant aggrieved by the award passed in M.V.C.No.282/2016 dated 28.04.2017 by the X Addl. Judge, Court of Small Causes and Motor Accident Claims Tribunal at Bengaluru (SCCH-16). The claim petition was filed seeking compensation of an amount of Rs.10,00,000/- for the injuries sustained by the claimant in the road accident.

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In the accident that took place on 10.10.2015, as per the wound certificate, the claimant had sustained

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(a) Grade II compound fracture both bones of right leg, (b) T12 vertebra wedge compression fracture with retro pulsion without neuro deficit, (c) cut lacerated wound over

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3 - NC: 2023:KHC:42026 MFA No. 8693 of 2017

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face. He was admitted in the hospital and underwent surgery with wound debridement and intra medullary interlocking nailing.

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According to the claimant, he was earning an

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amount of Rs.12,000/- per month and the Court below had considered an amount of Rs.8,000/- as the income and granted an amount of Rs.32,000/- towards loss of income during the laid up period. Under the head of pain and suffering an amount of Rs.70,000/- was granted. Towards attendant charges, nutritious food and conveyance charges an amount of Rs.14,000/- was granted. Towards medical expenses an amount of Rs.78,362/- was granted. Under the head of loss of future income due to permanent disability, the disability was considered at 14% and granted an amount of Rs.1,87,200/- and towards loss of amenities an amount of Rs.30,000/- and towards future medical expenses an amount of Rs.15,000/was granted. Altogether,

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4 - NC: 2023:KHC:42026 MFA No. 8693 of 2017

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compensation of an amount of Rs.4,26,562/- was granted by the Tribunal.

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Learned counsel appearing for the claimant submits that the Court below had granted compensation which is not reasonable. It is submitted that under all the heads, compensation that was granted by the Court below was on the lower side. It is submitted that the Court below had taken an amount of Rs.8,000/- as the income which is not appropriate.

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Learned counsel appearing for the Insurance

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Company submits that the compensation that was awarded by the Tribunal is just and reasonable and no grounds are made out for enhancement of compensation.

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Having heard the learned counsel on either side, perused the entire material on record. Considering the injuries sustained by the claimant, the Court below had granted an amount of Rs.70,000/- under the head of pain

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5 - NC: 2023:KHC:42026 MFA No. 8693 of 2017

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and suffering which is reasonable. When it comes to the

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attendant charges, nutritious food and conveyance

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charges , the Court below had granted an amount of Rs.14,000/- and this Court is inclined to grant an amount of Rs.20,000/- . As this is an accident of 2015, this Court

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is inclined to consider the income of the claimant at Rs.9,000/and for four months Rs.9,000x4 =

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Rs.36,000/- is towards loss of income during the laid up period . Then towards medical bills, the Court below had rightly granted compensation of an amount of Rs.78,362/- and this Court finds no reason to interfere.

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When it comes to the loss of earning due to disability ,

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comes to Rs.9,000x12x15x14/100 = Rs.2,26,800/- . Towards loss of amenities , the Court below had granted an amount of Rs.30,000/- and this Court is inclined to grant an amount of Rs.40,000/- . Towards future medical expenses the Court below had granted an amount of Rs.15,000/- and this Court is inclined to grant an amount of Rs.25,000/- .

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6 - NC: 2023:KHC:42026 MFA No. 8693 of 2017

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

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MALATHI AND ANOTHER¹ , the claimant is entitled for an amount of Rs.10,000/- towards litigation expenses . Altogether, the claimant is entitled for compensation of an

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amount of Rs.5,06,162/- .

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The claimant is therefore, entitled to the

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compensation under the following heads:

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	Heads		C	ompensation Awarded
1.	Pain and Sufferings	:	Rs.	70,000/-
2.	Attendant charges, Nutritious food and Conveyance charges	:	Rs.	20,000/-
3.	Loss of income during the laid up period	:	Rs.	36,000/-
4.	Medical Bills	:	Rs.	78,362/-
5.	Loss of earning due to disability	:	Rs.	2,26,800/-
6.	Loss of amenities	:	Rs.	40,000/-
6.	Future medical expenses	:	Rs.	25,000/-
7.	Litigation Expenses	:	Rs.	10,000/-
	TOTAL	:	Rs.	5,06,162/-

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1 (2014) 11 SCC 178

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7 - NC: 2023:KHC:42026 MFA No. 8693 of 2017

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Accordingly, the appeal is allowed in part, by enhancing the compensation from an amount of Rs.4,26,562/- to an amount of Rs.5,06,162/- setting aside the award passed in M.V.C.No.282/2016 dated 28.04.2017.

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i. The enhanced amount shall carry interest at 6% p.a. from the date of petition till the date of realization.

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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.

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iii. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.

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8 - NC: 2023:KHC:42026 MFA No. 8693 of 2017

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iv. No costs.

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Pending miscellaneous petitions, if any, shall stand closed.

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SD/JUDGE

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MEG List No.: 1 Sl No.: 120 CT: BHK

H M Shivakumar v. Ramachandra M

Case brief

What is this about?

What did the court decide?

H M Shivakumar v. Ramachandra M

Case brief

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