Allowed

Shri Praveen H v. Shri S G Narasimha Murthy

Karnataka HC18 Mar 2024MFA/2411/2020

Case brief

AI extract

What is this about?

Claimant appealed against meagre motor accident compensation for injuries caused by a rashly driven lorry. The Court enhanced compensation from Rs.69,364 to Rs.1,27,364, increasing heads of pain and suffering, loss of amenities and loss of income during laid-up period, while retaining disability and medical expense awards.

What did the court decide?

Compensation enhanced to Rs.1,27,364 with 6% p.a. interest on enhanced amount, payable within four weeks; tribunal's other terms intact.

Shri Praveen H Vs Shri S G Narasimha Murthy — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:11041 MFA No. 2411 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF MARCH, 2024 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 2411 OF 2020 (MV-I)

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BETWEEN:

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SHRI PRAVEEN H, S/O HOOVAPPA, AGED ABOUT 36 YEARS, R/AT NO. 152, 1^ST CROSS, RAMAKRISHNA BLOCK, T.R. NAGAR BANGALORE - 28.

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…APPELLANT

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(BY SRI. SHRIPAD V SHASTRI., ADVOCATE)

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AND:

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SHRI S G NARASIMHA MURTHY, S/O S GUNDAIAH, SRIHARI NILAYA, NEAR OLD BUS STAND, K R EXTENSION, SIRA TALUK, TUMKUR DISTRICT

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Digitally signed by GAYATHRI P G Location: High Court of Karnataka

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SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.302, III FLOOR, S AND S CORNER BUILDING, FLAT NO. 48, HOSPITAL ROAD, SHIVAJINAGAR, BENGALURU - 560 001.

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…RESPONDENTS (BY SRI. B. PRADEEP., ADVOCATE FOR R2; VIDE ORDER DATED 29.03.2023, NOTICE TO R1 DISPENSED WITH;)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED.05.10.2019, PASSED IN MVC NO.5677/2017, ON THE FILE OF THE XIX ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-17), PARTLY ALLOWING THE CLAIM PETITION FOR

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2 - NC: 2024:KHC:11041 MFA No. 2411 of 2020

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COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal is preferred by the claimant challenging the judgment and award dated 05.10.2019 passed by XIX Additional Judge and Motor Accident Claims Tribunal, Court of Small Causes Bengaluru (SCCH-17) (for short ‘the Tribunal’) in MVC.No.5677/2017. This appeal is founded on the premise of inadequacy of compensation. Hence, the appellant seeks enhancement of compensation.

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Parties to the appeal shall be referred to as per their status before the Tribunal.

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Brief facts of the case are as under:

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That on 20.06.2015 at about 6.00 p.m, the claimant was

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riding Motor cycle bearing registration No.KA-06-EC-7300 from Tumkur to Bengaluru on NH-4 road, during which time the Lorry bearing registration No.KA-04-B-9458 came in a rash and negligent manner and dashed against the Motor cycle. Due to which the claimant fell down and sustained injuries and he took

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3 - NC: 2024:KHC:11041 MFA No. 2411 of 2020

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treatment for the injuries suffered therein. He filed a claim petition seeking compensation for the injuries and medical treatment expenses.

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3.1. On service of notice, respondent filed statement of objection, denied the claim of the claimant, sought for dismissal of the claim petition and also denied the age, avocation, income and the negligence attributed against the driver of the Lorry, so also, the disability suffered.

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3.2. On the basis of pleadings, the tribunal framed relevant issues for consideration.

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3.3. In order to substantiate the issues and to establish the case, the claimant got examined himself as PW.1 and Doctor as PW.2 and got marked documents as Exs.P1 to P12. On the other hand, respondents got examined as RW.1 and got marked documents as Exs.R1 to R3.

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3.4. On the basis of material evidence, both oral and documentary and on hearing the submissions of learned counsel for both parties, the tribunal awarded compensation of Rs.69,364/- with interest @ 8% p.a. from the date of petition

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NC: 2024:KHC:11041 MFA No. 2411 of 2020

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till the date of realization and also held that the respondent No.2 – Insurance Company to be liable to pay the compensation to the claimant and directed to deposit the compensation amount with interest within two months.

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3.5. Being aggrieved by the meagre compensation awarded by the tribunal, the claimant is before this Court challenging the impugned judgment and award.

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The main contention of the learned counsel for appellant-claimant is that, the tribunal has committed an error in awarding meagre compensation, which calls for interference at the hands of this Court. Accordingly, he seeks enhancement of compensation.

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Per contra , learned counsel for respondent-Insurance Company submits that the tribunal has rightly awarded just and reasonable compensation, which does not call for interference. Therefore, on these grounds, he seeks to dismiss the appeal.

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Having heard learned counsel for the claimant - appellant and learned counsel for the respondent, perused the impugned judgment and award. There is not much serious

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5 - NC: 2024:KHC:11041 MFA No. 2411 of 2020

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dispute with regard to occurrence of accident, involvement of the vehicle, or injuries suffered by the claimant. Negligence is rightly attributed against the driver of the offending Lorry.

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Now coming to the aspect of age, avocation,

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income and the multiplier. The tribunal has taken the age of the claimant at 33 years and taken income Rs.6,500/- p.m for the purpose of awarding compensation under the head loss of income during laid up period.

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Tribunal awarded a sum of Rs.30,000/- under the

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head reduced eligibility of employment or damages due to disability. Same is retained.

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Towards pain and suffering, the tribunal awarded Rs.25,000/-. Therefore, this Court deems it appropriate to award additional amount of Rs.25,000/-. In all, the claimant would be entitled to Rs.50,000/- under this head.

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Towards medical expenses a sum of Rs.2,864/- is awarded on the basis of actual bills produced by the claimant. Same is retained.

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Towards loss of amenities, attendant, nourishment and conveyance charges the tribunal awarded Rs.5,000/-.

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Therefore, this Court deems it appropriate to award additional amount of Rs.20,000/-. In all, the claimant would be entitled to Rs.25,000/- under this head.

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Towards loss of income during laid up period, the tribunal has awarded Rs.6,500/-. The claimant would require atleast three months period to recuperate and to get back to his normal day to day activities. Therefore, the claimant would be entitled to Rs.19,500/- (Rs.6,500/- x 3) under this head.

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I do not find any valid reason to provide a disability, as the tribunal has come to the conclusion that the claimant has continued to do his job. Therefore, there is no reduction in the salary or discomfort in performing the day today activities. No material is placed before the Court to prove the said discomfort and disability. Hence, the contention put forth by the learned counsel for the appellant is rejected.

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In view of the above, the claimant would be entitled to a total compensation of Rs.1,27,364/- as against Rs.69,364/- as mentioned in the table below:

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Head	Amount in Rs.
Pain and suffering	Rs.50,000-00

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NC: 2024:KHC:11041 MFA No. 2411 of 2020

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Loss of Amenities, attendant, Rs.25,000-00
nourishment and conveyance
charges
Loss of income during laid up Rs.19,500-00
period
Reduced eligibility of Rs.30,000-00
employment or damages due
to disability
Medical expenses Rs.2,864-00
TOTAL Rs.1,27,364-00

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Accordingly, I pass the following:

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ORDER

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i) The appeal is allowed-in-part ;

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ii) The judgment and award dated 05.10.2019 passed by XIX Additional Judge and Motor Accident Claims Tribunal, Court of Small Causes Bengaluru (SCCH17) in MVC.No.5677/2017 is modified;

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iii) The claimant would be entitled to a sum of Rs.1,27,364/- as against Rs.69,364/-;

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iv) The interest awarded by the tribunal at the rate of 8% per annum on the compensation amount of Rs.69,364/- is left undisturbed. The enhanced compensation shall carry interest at the rate of 6% per annum.

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v) The enhanced compensation amount shall be paid within a period of four weeks from the date of receipt of a copy of this order;

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vi) The compensation amount shall be released in favour of the claimant, upon proper verification.

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vii) The original records shall be transmitted to the jurisdictional tribunal forthwith.

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viii) All other terms and conditions stipulated by the tribunal shall stand intact.

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Sd/JUDGE

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List No.: 1 Sl No.: 41

Shri Praveen H v. Shri S G Narasimha Murthy

Case brief

What is this about?

What did the court decide?

Shri Praveen H v. Shri S G Narasimha Murthy

Case brief

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What did the court decide?

What the court decided

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