The High Court allowed a Motor Vehicles Act appeal seeking enhancement of compensation. The Court modified the Tribunal's award, granting an additional Rs. 50,000 as future medical expenses and fixed interest at 6% p.a. for the enhanced amount.
Allowed in part; enhanced compensation of Rs. 50,000 granted; interest on enhanced amount fixed at 6% p.a.
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:44420 MFA No. 897 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 897 OF 2021 (MV)
BETWEEN:
MR SRIRAM S/O SANKARAN AGED ABOUT 29 YEARS R/AT NO.156, SENBAGAVANA STREET THIRUMALNAGAR NGO COLONY EXTENSION PHALAYAMKOTTAI, TIRUNELVELI TAMILNADU-627007.
…APPELLANT
(BY SRI. GURUDEV PRASAD K T., ADVOCATE)
AND:
M/S TATA AIG GENERAL Digitally signed INSURANCE COMPANY LTD., by DHANALAKSHMIMURTHY NO.69, 2ND FLOOR Location: High JP AND JAMBUKESHWAR ARCADE Court of Karnataka NEAR ICICI FIRST SQUARE MILLERS ROAD, BENGALURU-560052.
…RESPONDENTS
(BY SRI. LINGARAJ H S.,ADVOCATE FOR R1: NOTICE TO R2 IS DISPENSED WITH)
NC: 2023:KHC:44420 MFA No. 897 of 2021
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:06.11.2019 PASSED IN MVC NO.3562/2019 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MEMBER, MACT, BENGALURU SCCH-19, 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 appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’, for short) has been filed by the claimant being aggrieved by the judgment dated 06.11.2019 passed by the Motor Accident Claims Tribunal & XV Addl. Judge, Court of Small Causes, Mayo Hall Unit, Bengaluru (SCCH-19) (for short, ‘the Tribunal’) in MVC No.3562/2019.
rash and negligent manner, dashed to the vehicle of the claimant. As a result of the aforesaid accident, the claimant fell down, sustained grievous injuries and was hospitalized.
NC: 2023:KHC:44420 MFA No. 897 of 2021
conditions of the policy. It was further pleaded that the quantum of compensation claimed by the claimant is exorbitant. Hence, he sought for dismissal of the petition. The respondent No.1 did not appear before the Tribunal inspite of service of notice and was placed ex-parte.
Claims Tribunal framed the issues and thereafter recorded the evidence. The claimant himself was examined as PW1 and got exhibited documents namely Ex.P1 to Ex.P15. On behalf of the respondents, neither any witness was examined nor got exhibited documents. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the claimant sustained injuries. The Tribunal further held that the claimant is entitled to a compensation of Rs.2,88,300/- along with interest at the rate of 9% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. Being aggrieved, this appeal has been filed.
contended that, due to the accident the claimant suffered grievous injuries, he has spent Rs.1,36,235/- towards medical expenses. The overall compensation awarded by the Tribunal at Rs.2,88,300/- is on the lower side. Hence, he sought for allowing the appeal.
(i) Firstly, the injuries suffered by the claimant are minor in nature, he has not examined the doctor. Considering the injuries suffered by the claimant and considering the medical records, the overall compensation awarded by the Tribunal is just and reasonable.
(ii) Secondly, in view of the Division Bench decision of this Court in the case of MS.JOYEETA BOSE AND
OTHERS vs. VENKATESHAN.V AND OTHERS (MFA 5896/2018 and connected matters disposed of on
24.8.2020), the interest granted by the Tribunal at the rate of 9% p.a. is on the higher side and the same has to
NC: 2023:KHC:44420 MFA No. 897 of 2021
be reduced to 6% p.a. Hence, he sought for dismissal of the appeal.
Perused the judgment and award and the original records.
injuries in the accident occurred on 30.04.2019 due to
rash and negligent driving of the car bearing registration No.TN-72/BC-5620 by its driver.
(ii) The judgment of the claims Tribunal is modified.
In addition to the compensation awarded by the Tribunal, the claimant is entitled to compensation of Rs.50,000/-.
(iii) The Insurance Company is directed to deposit the compensation amount along with interest from the date of filing of the claim petition till the date of realization, within a period of six weeks from the date of receipt of copy of this judgment excluding interest for the compensation awarded under the head of 'future medical expenses' .
(iv) The enhanced compensation carries interest @ 6% p.a.
Sd/JUDGE
CM
List No.: 3 Sl No.: 54
1 issue framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal is sufficient given the medical expenses incurred.
Colour shows how this judgement treated each authority
MS. JOYEETA BOSE AND OTHERS VS. VENKATESHAN.V AND OTHERSRelied on¶38
MS.JOYEETA BOSE AND OTHERS vs. VENKATESHAN.V AND OTHERS (MFA 5896/2018 and connected matters disposed of on 24.8.2020)
2 provisions across 1 enactments
Mr. Sriram
The Manager, M/s Tata AIG General Insurance Company Ltd.
Mr. Sathish Gopalaiah
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
