Partly allowed

Gowtham. M v. Sowjanya. R

Karnataka HC27 Sept 2024MFA/5776/2023

Case brief

AI extract

What is this about?

This miscellaneous first appeal challenged a compensation award of Rs. 80,000 by the Additional Motor Accidents Claims Tribunal as unjustifiably low. The High Court accepted that enhancement was warranted based on documented treatment and injury nature, directing an additional Rs. 50,000 to be awarded to the appellant.

What did the court decide?

Compensation awarded by the tribunal was enhanced by Rs. 50,000, with interest at 6% per annum, directed to be deposited by Respondent No. 2 within eight weeks.

Gowtham. M Vs Sowjanya. R — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:40322 MFA No. 5776 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 5776 OF 2023 (MV-I)

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BETWEEN:

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GOWTHAM. M, S/O. MUNIRAJU, AGED ABOUT 25 YEARS, R/AT NO. 13, OPP. ASHWATH KATTE, VADDARAPALYA, ITCHANGUR, BANGALORE - 562 107.

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…APPELLANT

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(BY SRI. CHANDRASHEKAR SWAMY K.B, ADVOCATE)

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AND:

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SOWJANYA. R, S/O. RAVINDRA REDDY, AGED ABOUT 56 YEARS, R/AT NO. CHURCH STREET, YADAVAAHALLI, AIYAPPA TEMPLE, BANGALORE - 562 107.

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Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA

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RELIANCE GENERAL INSURANCE CO. LTD., NO. 28, 5TH FLOOR, CENTENARY BUILDING, M.G. ROAD, BANGALORE - 560 001, REPRESENTED BY ITS MANAGER.

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…RESPONDENTS

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(BY SRI. H.S. LINGARAJA, ADVOCATE FOR R2; VIDE ORDER DATED 24.08.2023, NOTICE TO R4 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.04.2023 PASSED IN MVC

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2 - NC: 2024:KHC:40322 MFA No. 5776 of 2023

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NO.4289/2020 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE, ACMM, COURT OF SMALL CAUSES AND MEMBER, MACT-15, BENGALURU SCCH-15 PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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ORAL JUDGMENT

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Heard Sri. Chandrashekara Swamy K.B, learned

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counsel for the appellant as well as Sri.H.S.Lingaraj, learned counsel for respondent No.2.

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Challenge in this appeal is the order that is passed by the Additional Motor Accidents Claims Tribunal, Bengaluru in M.V.C. No.4289/2020 dated 10.04.2023.

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This is a claimants appeal. As against the claim for Rs.9,00,000/-, the tribunal through the impugned order awarded a sum of Rs.80,000/- as compensation and aggrieved by the same, this appeal is filed.

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Sri. Chandrashekara Swamy K.B, arguing the matter for appellant, contends that the appellant sustained grievous injuries due to the accident. He took extensive

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3 - NC: 2024:KHC:40322 MFA No. 5776 of 2023

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treatment. He expended huge sum for his treatment. Though relevant documents to that effect were produced, without considering the same and also ignoring the aspect of disability, the tribunal globally awarded a sum of Rs.80,000/- as compensation which is unjustifiable. Learned counsel thereby seeks for enhancement of compensation.

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Sri.H.S.Lingaraj, learned counsel for respondent No.2 on the otherhand submits that the appellant failed to produce any proof to establish his version. The appellant did not examine either the doctor who treated him or any other medical expert who assessed the alleged disability. Thus, in the light of absence of any proof with regard to hospitalization etc., the tribunal awarded a sum of Rs.80,000/- as compensation which is highly justifiable. Learned counsel thereby seeks to pass necessary orders.

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It is not in dispute that the appellant sustained

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Right hand index finger proximal phalanx fracture and Large Haematoma at Right frontal and Multiple facial

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4 - NC: 2024:KHC:40322 MFA No. 5776 of 2023

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lacerations. The tribunal observed that the medical bills produced by the petitioner would show that he spent a sum of Rs.66,395/- for his treatment.

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Considering the bills that were produced, the

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tribunal awarded a sum of Rs.80,000/- globally towards compensation. However, having considered the nature of injuries sustained, this Court is of the view that the appellant is entitled to a sum of Rs.40,000/- under the head pain and suffering. The appellant is also entitled to a sum of Rs.10,000/- towards food, extra nourishment, diet and attendant charges. Admittedly there would be some loss of earnings due to the injuries sustained. Thus, considering all these aspects, this Court is of the view that the amount awarded as compensation is required to be enhanced by Rs.50,000/-.

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Thus, the appeal is disposed of with the following:

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ORDER

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i. The appeal is allowed in part.

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5 - NC: 2024:KHC:40322 MFA No. 5776 of 2023

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ii. The compensation that is awarded by the Additional Motor Accidents Claims Tribunal, Bengaluru through orders in M.V.C. No.4289/2020 dated 10.04.2023 is enhanced by Rs.50,000/-

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iii. The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit.

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iv. Respondent No.2 is directed to deposit the enhanced

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sum within a period of eight weeks from the date of receipt of copy of this order.

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v. On such deposit, the appellant is permitted to withdraw the entire amount.

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Sd/(DR.CHILLAKUR SUMALATHA) JUDGE

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List No.: 1 Sl No.: 42 CT: BHK

Gowtham. M v. Sowjanya. R

Case brief

What is this about?

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Gowtham. M v. Sowjanya. R

Case brief

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