High Court enhanced motor accident compensation from Rs.1,75,000 to Rs.4,00,455/- applying Mallikarjun guidelines based on 11% disability and expenses. Interest rate reduced to 6%.
Compensation enhanced to Rs.4,00,455/- with interest at 6% per annum from the date of petition till realization.
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: 2024:KHC-D:14095 MFA No. 104424 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF SEPTEMBER 2024 BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL NO. 104424 OF 2019
BETWEEN:
SWAGAT S/O. DAYANAND KAMBLE @ VANAKAMBLE, AGE: 17 YEARS, OCC: STUDENT, R/BY HIS MINOR GUARDIAN, NATURAL MOTHER, SMT. DHARANAVVA DAYANAND KAMBLE @ VANAKAMBLE, AGE: 36 YEARS, OCC: HOUSEHOLD WORK, R/O: KUSANAL, NOW AT HARUGERI, TQ: RAIBAG, DIST: BELAGAVI-591 220.
…APPELLANT
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
AND:
BHARATHI H M
Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(R1- SERVED;
SRI. SURESH S. GUNDI, ADVOCATE FOR R2)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, PRAYS TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD PASSED IN MVC NO.2252/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., RAIBAG, DATED 11.06.2018 BY ALLOWING THIS APPEAL WITH COST, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
- 2 - NC: 2024:KHC-D:14095 MFA No. 104424 of 2019
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
This appeal is filed by the claimant seeking enhancement of compensation awarded in judgment dated 11.06.2018 passed in MVC No.2252/2016 by the learned Senior Civil Judge and JMFC, Raibag.
appreciating the evidence on record has awarded global compensation of Rs.1,75,000/- with interest at 7% per annum. The claimant seeking enhancement of compensation awarded by the Tribunal, has filed this appeal.
v. Divisional Manager, National Insurance Company Limited and another reported in (2014) 14 SCC 396 has held that, if disability is above 10% and up to 30% to the whole body, Rs.3,00,000/- has to be awarded towards pain and suffering and etc. He further contends that the
medical bills produced indicate that an amount of Rs.64,205/- is spent towards medical expenses and the same requires to be awarded. The injured was admitted in the hospital for 13 days and as there is loss of income of the parents, 3 months income at the rate of Rs.8,750/requires to be awarded. He also contends that a sum of Rs.10,000/- requires to be awarded towards incidental charges, as the injured was admitted in the hospital for 13 days. With this he prayed to allow the appeal.
contend that the compensation awarded by the Tribunal is just and proper and that the fracture which is sustained by the injured is united and there is no disability. With this, he prayed to dismiss the appeal.
has perused the impugned judgment and award and other materials placed on record.
Tribunal, considering the evidence of the Doctor-PW.2 and the disability certificate Ex.P-37, has rightly assessed the permanent physical disability @ 11% to the whole body. As the Tribunal has assessed the disability at 11% to the whole body, as per Mallikarjun’s case (supra), claimant is entitled to Rs.3,00,000/- towards pain and suffering, as the disability is more than 10%. Considering the bills produced, a sum of Rs.64,205/- requires to be awarded towards medical expenses. The injured was admitted in the hospital for 13 days and there is loss of income of the parents for a period of 3 months. By taking the notional income at Rs.8,750/- the parents are entitled to loss of income in a sum of Rs.26,250/- (8,750/-x3). Considering the fact that the claimant was admitted in the hospital for 13 days, he is entitled to incidental charges of Rs.10,000/-.
NC: 2024:KHC-D:14095 MFA No. 104424 of 2019
| Sl.No | Head | Amount in Rs. | |
|---|---|---|---|
| 1 | Pain and suffering | 3,00,000/- | |
| 2 | Medical expenses | 64,205/- | |
| 3 | Loss of income to the parents | 26,250/- | |
| 4 | Incidental charges | 10,000/- | |
| Total | 4,00,455/- |
7% per annum which is on the higher side. Considering the decisions of the Hon’ble Apex Court and this Court, interest at 6% per annum on the compensation is awarded.
The appeal is allowed in part. The judgment and
award judgment dated 11.06.2018 passed in MVC No.2252/2016 by the learned Senior Civil Judge and JMFC, Raibag, is modified. The appellant/clamant is
entitled to compensation of Rs.4,00,455/- with interest at
6% per annum from the date of petition till realization.
Respondent No.2-insurance company shall deposit the compensation amount with interest within a period of six weeks from the date of receipt of certified copy of this judgment, failing which, it is liable to pay interest at 9% per annum.
The appellant is entitled to release of the entire amount of compensation.
Draw the award accordingly.
Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE
Kmv CT:ANB
3 issues framed by the court
Whether the compensation awarded by the Tribunal below should be enhanced considering the disability percentage and medical expenses.
Whether the rate of interest awarded by the Tribunal below is appropriate.
Whether the appellant is entitled to the entire enhanced compensation amount.
Colour shows how this judgement treated each authority
Mallikarjun v. Divisional Manager, National Insurance Company LimitedApplied¶30
(2014) 14 SCC 396 · Who else cites this
1 provisions across 1 enactments
Swagat S/o. Dayanand Kamble
Shri. Basayya S/o. Basavanneya Swami
Bharathi H M
The Divisional Manager, Shreeram General Insurance Company Ltd.
Shivashankar Amarnavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
