Partly allowed

Pradeep Kumar M S v. Gowramma

Karnataka HC18 Jan 2024MFA/5749/2017

Case brief

AI extract

What is this about?

In this Motor Accident Claims case, the High Court allowed an appeal for compensation enhancement, modifying the Tribunal's award by increasing damages for pain and suffering, medical expenses, and loss of amenities, and adding future medical costs.

What did the court decide?

The appeal is allowed in part; the original award is modified to increase compensation by Rs.99,000 plus 6% interest per annum.

Pradeep Kumar M S Vs Gowramma — Medical Negligence | Karnataka HC (2024)

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NC: 2024:KHC:2349 MFA No. 5749 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 5749 OF 2017 (MV-I)

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BETWEEN:

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PRADEEP KUMAR M.S, S/O SANNAIAH M.S, AGED ABOUT 38 YEARS, RESIDING AT NO. 227 JANATHA COLONY, HOSAKEREHALLI, BANGALORE - 560 085.

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…APPELLANT

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(BY SRI. GURUDEV PRASAD K.T, ADVOCATE)

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AND:

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Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA

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GOWRAMMA, W/O GANGAPPA, MAJOR IN AGE, RESIDING AT NO.13/1, KANKAPURA MAIN ROAD, HOSADODDI, BOLARE POST, BANGALORE - 560 082.

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RELIANCE GENERAL INSURANCE COMPANY LIMITED, CENTENARY BUILDING, 5TH FLOOR, M.G.ROAD, BANGALORE - 560 001, BY ITS MANAGER.

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…RESPONDENTS

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(BY SRI. H.C. BETSUR, ADVOCATE FOR R2; R1 - NOTICE SERVED)

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NC: 2024:KHC:2349 MFA No. 5749 of 2017

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.02.2016 PASSED IN MVC NO.4747/2014 ON THE FILE OF THE ADDITIONAL JUDGE, MACT, COURT OF SMALL CAUSES, MAYO HALL UNIT, BENGALURU, (SCCH-19), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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ORDER

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This appeal is filed by the claimant challenging the judgment and award dated 27.02.2016, passed by the Motor Accident Claims Tribunal and Additional Judge, court of Small Causes, Mayo Hall Unit, Bengaluru (SCCH-19), in MVC No.4747/2014, seeking enhancement of compensation awarded by the Tribunal.

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The factum of accident, injuries sustained by the

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claimant and coverage of insurance are not in dispute.

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Heard the arguments of both sides and perused the records.

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In the present case, the Tribunal has awarded compensation as under:

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3 - NC: 2024:KHC:2349 MFA No. 5749 of 2017

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1	Towards pain and suffering	Rs.30,000/-
2	Towards attendant, nourishment, food and conveyance	Rs.4,000/-
3	Towards medical expenses	Rs.1,45,280/-
4	Towards loss of amenities and unhappiness	Rs.20,000/-
5	Towards loss of earnings during taking treatment	Rs.40,000/-
	Total	Rs.2,39,280/-

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In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injuries as per wound certificate:-

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i. Swelling above right knee,

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ii. Muscular tear over lateral aspect of right lower limb exposing deep structures and tendons,

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iii. Lacerated wound over right knee.

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The Tribunal while determining the compensation

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has not adopted the correct parameters. Hence, claimant

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is entitled for enhancement of compensation.

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The claimant is working as a Conductor in KSRTC Bus and has suffered many fractures. The Tribunal has awarded Rs.30,000/- towards pain and sufferings, which is on the lower side. Considering the nature of injuries

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NC: 2024:KHC:2349 MFA No. 5749 of 2017

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sustained, the same is enhanced to Rs.50,000/- under the

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head ‘Pain and sufferings’.

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The compensation awarded under the head ‘Medical Expenses’ is as per the medical bills produced by the claimant and the same is kept intact.

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The Tribunal has awarded a lesser sum of Rs.4,000/- under the head 'Attendant charges, food, nourishment and conveyance'. The same is enhanced to Rs.15,000/-.

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The Tribunal has awarded a lesser sum of Rs.20,000/- under the head 'Loss of amenities'. The same is enhanced to Rs.50,000/-.

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The claimant has continued to work as a Conductor in KSRTC Bus and therefore, he is not entitled for compensation under the head ‘loss of future income due to disability’. But the claimant was constrained to take more treatment and rest at home atleast for a period of four months for which, salary was not paid to the

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5 - NC: 2024:KHC:2349 MFA No. 5749 of 2017

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claimant. It is contended by the counsel for the appellant/claimant that the claimant has not received ten months salary as he was constrained to take bed rest at home for ten months. Therefore, prays to award salary for a period of ten months. Considering the nature of injuries sustained and evidence of doctor, the claimant is constrained to take rest at home for four months. It is submitted that claimant was earning salary of Rs.12,000/per month. Therefore, the compensation to be awarded under the head ‘loss of income during laid up period’ is Rs.48,000/- (12,000 x 4).

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The doctor has deposed that the claimant is required to undergo surgery in future. The doctor has not stated about the medical expenses to be incurred for future treatment. But, considering that the claimant had sustained fracture injuries and he needs surgery in future, compensation of Rs.30,000/- is awarded under the head future medical expenses.

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6 - NC: 2024:KHC:2349 MFA No. 5749 of 2017

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Thus, in all, the appellant/claimant is entitled for

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total compensation under various heads as follows:

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1	Towards pain and suffering	Rs.	30,000/-	50,000/-
2	Towards attendant charges, food, nourishment and conveyance	Rs.	4,000/-	15,000/-
3	Medical expenses	Rs.	1,45,280/-	1,45,280/-
4	Loss of income during laid up period	Rs.	40,000/-	48,000/-
5	Loss of amenities	Rs.	20,000/-	50,000/-
6	Future medical
	expenses	Rs.	-	30,000/-
	TOTAL	Rs.	2,39,280/-	3,38,280/-

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The Tribunal has awarded compensation of Rs.2,39,280/-, but the appellant/claimant is entitled for total compensation of Rs.3,38,280/-. Hence, the appellant/claimant is entitled to enhanced compensation of Rs.99,000/- (Rs.3,38,280/- - Rs.2,39,280/-), along with interest at the rate of 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by the Tribunal.

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Accordingly, I proceed to pass the following:

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NC: 2024:KHC:2349 MFA No. 5749 of 2017

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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 passed by the Tribunal in MVC No.4747/2014 dated 27.02.2016 by the Motor Accident Claims Tribunal and Additional Judge, Court of Small Causes, Mayo Hall Unit, Bengaluru (SCCH19), is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.99,000/- along with interest @ 6% p.a., from the date of petition till its realization, in addition to what has been awarded by the Tribunal.

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iii. Costs made easy.

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iv. Ordered accordingly.

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v. The other observations and findings of the Tribunal are kept in tact.

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Sd/JUDGE

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MH/-

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List No.: 1 Sl No.: 14

Pradeep Kumar M S v. Gowramma

Case brief

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Pradeep Kumar M S v. Gowramma

Case brief

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