The High Court allowed the appeal partly, setting aside the Tribunal's refusal to prove an accident. Awarding Rs. 2,11,000 compensation including pain, suffering, and medical expenses directly instead of remanding.
Total compensation of Rs. 2,11,000 along with 6% interest; insurer directed to deposit the amount within two months.
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:48337 MFA No. 518 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 518 OF 2018 (MV-I)
BETWEEN:
…APPELLANT
(BY SRI. P.C.LOKEHSA., ADVOCATE)
AND:
Digitally signed by KIRAN KUMAR R Location: High Court of Karnataka
…RESPONDENTS
(BY SRI. B.S.KRISHNA., ADVOCATE FOR R-2; R-1 IS SERVED AND UNREPRESENTED)
NC: 2024:KHC:48337 MFA No. 518 of 2018
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:16.10.2017 PASSED IN MVC NO.876/2016 ON THE FILE OF X ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND M.A.C.T., AT BANGALORE (SCCH-16) PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
was working as an Assistant Sub-Inspector of Police (as on 01.01.2016), stating that while he was doing his morning rounds at about 07.00 a.m. and was proceeding on the motor-cycle belonging to his Department, he was hit by a car as a result of which, he suffered grievous injuries and was therefore entitled to compensation.
that the occurrence of the accident and that the claimant was entitled to compensation. In order to come to the said conclusion, the Tribunal has reasoned that though the accident occurred on 01.01.2016, the statement was recorded on the following day. It has also noticed that the vehicle was seized for a motor vehicle inspection on 02.01.2016 and was inspected between 12.30 to 01.30 p.m. but the complaint, on the basis of which a First Information Report was registered, was made at 01.00 p.m. In other words, even before the First Information Report (‘FIR’) was registered, an inspection had been done.
suffered head injuries, he was taken to Channagiri Government Hospital where he was given first aid treatment and thereafter, he was shifted to NH Sahyadri Narayana Multi-Specialty Hospital where he was hospitalized for the period from 01.01.2016 to 05.01.2016.
authorities. The claimant suffered a head injury and was hospitalized and any irregularities in the of records cannot obviously be fastened on the claimant and he cannot therefore be made liable to the consequences thereof. The findings recorded by the Tribunal in this regard are therefore set aside .
five days and was also treated at Government hospital dealing with his mental health. The doctor who was examined has stated that the claimant had suffered whole body disability at 5%.
medical expenses .
food, nutrition and attendant charges .
| Sl. No. |
Nature of Heads | As awarded by the Tribunal (In Rs.) |
As awarded by this Court (In Rs.) |
|---|---|---|---|
| 1. | Pain and suffering | 75,000/- | |
| 2. | Medical expenses | 41,000/- | |
| 3. | Conveyance, food, nourishment, attendant charges |
NIL | 20,000/- |
| 4. | Loss of amenities in life | 75,000/- | |
| Total | 2,11,000/- |
NC: 2024:KHC:48337 MFA No. 518 of 2018
with interest shall be released in favour of the claimant
on proper identification.
20.The appeal is accordingly allowed in part .
Sd/(N S SANJAY GOWDA) JUDGE
RK
List No.: 1 Sl No.: 47
3 issues framed by the court
Whether the Tribunal's findings regarding the failure to prove the accident and discrepancies in records were sustainable.
Whether the high court should remand the matter for assessment of compensation or award it directly in the appeal.
Whether the appellant is entitled to enhanced compensation for pain, suffering, and other heads of claim.
Sri P B Mahadevappa
Sri Shashidhar S D
The Manager United India Insurance Co Ltd.
N S Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
