Allowed

Sri Chennareddy R v. the Regional Manager

Karnataka HC22 Mar 2024MFA/5036/2015

Case brief

AI extract

What is this about?

The High Court allowed the appellant's appeal against a Motor Accident Claims Tribunal judgment, enhancing the awarded compensation by approx. Rs. 1.92 lakhs including interest and modified the award under Section 173(1) of the Motor Vehicles Act, 1988.

What did the court decide?

Appeal allowed; compensation enhanced by Rs. 1,92,785/- with 6% interest; judgment of Tribunal modified.

Sri Chennareddy R Vs the Regional Manager — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:11870 MFA No. 5036 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF MARCH, 2024 BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL NO.5036 OF 2015(MV-I)

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BETWEEN:

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SRI CHENNAREDDY.R S/O RAMA REDDY, AGED ABOUT 42 YEARS, R/O BETHAPELA KONDAPAALY, VILLAGE AND POST, THENKANIKOTTAI TALUK, ANDHRA PRADESH

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…APPELLANT

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(BY SRI. PRAKASH H.C., ADVOCATE FOR SRI. ANIL KUMAR., ADVOCATE)

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AND:

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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THE REGIONAL MANAGER, ICICI GENERAL INSURANCE CO. LTD., "PRESTIGE CORNICHE", NO.62/1, 2^ND FLOOR, RICHMOND ROAD, BANGALORE - 560 026. (POLICY NO.52760510 VALID FROM 27-10-2007 TO 26-10-2008).

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MR. Y.P.KUMARASWAMY S/O PUTTALINGAIAH, YALETHOTHADAHALLI VILLAGE AND POST, VEERUPAKSHAPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT, BANGALORE - 560 059.

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…RESPONDENTS

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(BY SRI. A.N.KRISHNA SWAMY., ADVOCATE FOR R1; NOTICE TO R2-DISPENSED WITH V/O DATED: 22/03/2019)

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2 - NC: 2024:KHC:11870 MFA No. 5036 of 2015

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED: 08.11.2011 PASSED IN MVC NO.6873/2008 ON THE FILE OF THE VI ADDITIONAL JUDGE, MACT, COURT OF SMALL CAUSES, BENGALURU.

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THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Sri.Prakash.H.C., learned counsel on behalf of Sri.Anil Kumar., for the appellant and Sri.A.N.Krishna Swamy., learned counsel for respondent No.1 have appeared in person.

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Though the appeal is listed today for admission, it is heard finally.

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The claimant has preferred the captioned appeal seeking enhancement of the compensation.

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Learned counsel for the appellant and respondent No.1 have urged several contentions. Heard, the contentions urged on behalf of the respective parties and perused the appeal papers and also the records with utmost care.

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The point that would arise for consideration is whether the Claimant is entitled for enhanced compensation?

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NC: 2024:KHC:11870 MFA No. 5036 of 2015

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The Claimant's appeal is one for enhancement of compensation and modification of the judgment. The grounds urged in the present appeal are mainly relating to the meager compensation awarded under different heads by the Tribunal. The Claimant has suffered pain and agony owing to the injuries sustained in the accident in question. Hence, this Court deems it appropriate to award Rs.1,00,000/- (Rupees One Lakh only) towards pain and sufferings as against Rs.90,000/- (Rupees Ninety Thousand only) awarded by the Tribunal.

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The amount of Rs.73,785/- (Rupees Seventy Three Thousand Seven Hundred and Eighty Five only) towards Medical expenses awarded by the Tribunal remains intact.

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This Court deems it appropriate to award Rs.27,000/(Rupees Twenty Seven Thousand only) towards Loss of laid up period as against Rs.24,000/- (Rupees Twenty Four Thousand only); Rs.1,00,000/- (Rupees One Lakh only) towards loss of amenities in life as against Rs.75,000/- (Rupees Seventy Five Thousand only) and Rs.15,000/- (Rupees Fifteen Thousand only) towards Conveyance, food and nourishment as against Rs.10,215/- (Rupees Ten Thousand Two Hundred and Fifteen only) awarded by the Tribunal.

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4 - NC: 2024:KHC:11870 MFA No. 5036 of 2015

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It is noticed that the Tribunal has not awarded compensation under the head of Loss of future earning capacity due to disability. However, looking into the nature of injuries sustained by the claimant in the accident, this Court deems it appropriate to award compensation of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) towards loss of future earning capacity due to disability.

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Accordingly, this Court re-determines the

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compensation as under:-

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1.	Pain and Sufferings	90,000 +10,000	Rs.1,00,000/-
2.	Medical Expenses	73,785	Rs.73,785/-
3.	Loss of laid up period	4,500 x 6	Rs.27,000/-
4.	Loss of amenities in life	75,000 +25,000	Rs.1,00,000/-
5.	Conveyance, food and nourishment	10,215 +4,785	Rs.15,000/-
6.	Loss of future earning capacity due to disability	1,50,000	Rs.1,50,000/-
		Total:	Rs.4,65,785/-
	(Less) Compensatio	n awarded by the Tribunal:	-Rs.2,73,000/-
	Enhanced compens	ation awarded by this Court:	Rs.1,92,785/-

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NC: 2024:KHC:11870 MFA No. 5036 of 2015

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Hence, the following:

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ORDER

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The Miscellaneous First appeal is allowed and the Judgment dated:08.11.2011 passed by the Court of VI Addl. Judge, Court of Small Causes and MACT, Bengaluru City in M.V.C No.6873/2008 is modified to the extent stated hereinabove.

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The claimant is entitled for the enhanced compensation of Rs.1,92,785/- (Rupees One Lakh Ninety Two Thousand Seven Hundred and Eighty Five only) with interest at the rate of 6% per annum from the date of the claim petition till the date of realization.

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The first respondent - Insurance

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Company shall deposit the enhanced compensation amount along with 6% interest within a period of two months from the date of receipt of the certified copy of this Judgment.

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NC: 2024:KHC:11870 MFA No. 5036 of 2015

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4. Needless to observe that the claimant is

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not entitled for the interest for delayed period.

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The Registry to draw the modified award

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accordingly.

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Office is directed to transmit the original

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records to the concerned Tribunal forthwith.

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Sd/JUDGE

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MRP List No.: 1 Sl No.: 5

Sri Chennareddy R v. the Regional Manager

Case brief

What is this about?

What did the court decide?

Sri Chennareddy R v. the Regional Manager

Case brief

What is this about?

What did the court decide?

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