The High Court of Karnataka, in a Motor Accidents appeal, enhanced the compensation awarded by the Tribunal from Rs.1,55,909 to Rs.2,05,909, adding Rs.50,000 for attendant charges and increased sum for pain and suffering.
Enhancement of compensation by Rs.50,000; interest at 6% per annum; deposit by 2nd respondent within eight weeks.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.7190 OF 2021(MV-I)
BETWEEN:
NARASIMHA MURTHY H.R., S/O LATE RAJANNA, AGED ABOUT 45 YEARS, R/AT NO.2 RENUKA NILAYA, 2ND CROSS, VIJAYA BANK COLONY NELAMANGALA BANGALORE RURAL KARNATAKA-562123 …APPELLANT
(BY SRI. PARAMESHAPPA S., ADVOCATE)
AND:
Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA
HUB, KRUSHIBHAVAN, 6TH FLOOR, HUDSON CIRCLE, NRUPATHUNGA ROAD, BANGALORE-560 001 (INSURER OF MARUTHI ALTO K-10 CAR NO.KA-16-M-6862) BANGALORE-560 068
…RESPONDENTS (BY SRI. KUMARA K.G., ADVOCATE FOR R1 (ABSENT); SRI. H.C. VRUSHABHENDRAIAH, ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.02.2021 PASSED IN MVC NO.6102/2019 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE AND ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU SCCH-7, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri.Parameshappa.S, learned counsel for the appellant as well as Sri.H.C.Vrushabhendraiah, learned counsel for respondent No.2. Though Sri.Kumara.K.G, is
on record for respondent No.1, learned counsel failed to make his appearance.
compensation awarded under all other heads is also grossly low. Learned counsel thereby seeks for enhancement of compensation.
respondent No.2 on the otherhand states that the appellant by the date of accident was working as Teacher at a Government Lower Primary School. Though he was on leave during the period of treatment, there was no loss monetarily. The appellant received salary during the period of leave also. Thus, the compensation granted is highly justifiable. Learned counsel however finally states that in case the Court intends to enhance the compensation, there may be marginal enhancement.
sustained. Apart from that, the appellant also sustained right knee tibial spine fracture. The appellant also underwent surgery.
a sum of Rs.1,55,909/- as compensation divided under following heads:-
| Heads | Amount in Rs. |
|---|---|
| For pain and sufferings, |
50,000-00 |
| mental agony | |
| Actual medical expenses | 45,909-00 |
| For Special diet and |
10,000-00 |
| Conveyance. | |
| Loss of Amenities | 50,000-00 |
| Total | 1,55,909-00 |
compensation towards pain and suffering needs
enhancement.
Thus, the appeal is disposed of with the following
ORDER
ii. The compensation that is granted by the Additional Motor Accidents Claims Tribunal, Bengaluru through orders in M.V.C. No.6102/2019 dated 15.02.2021 is enhanced by Rs.50,000/-
Sd/(DR.CHILLAKUR SUMALATHA) JUDGE
VS List No.: 1 Sl No.: 46
1 issue framed by the court
Whether the compensation awarded by the Tribunal requires enhancement given the nature of injuries and attendant charges.
Narasimha Murthy H.R.
Krishniająa L.C.
The Branch Manager United India Insurance Co. Ltd.
Chillakur Sumalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
