Partly allowed

Mohan Naik @ Mohan Naik Chowan v. M/S. Bajaj Allianz Gen. Ins. Co. Ltd.

Karnataka HC24 Sept 2024MFA/831/2019

Case brief

AI extract

What is this about?

Claimant injured in a motorcycle collision sought enhancement of compensation. The High Court enhanced amounts under heads of pain and sufferings, loss of amenities and future medical expenses, raising total compensation to Rs.7,40,076 with interest at 6% per annum following the Division Bench decision in Joyeeta Bose, and directed the insurer to deposit the amount.

What did the court decide?

Total compensation enhanced to Rs.7,40,076 with interest at 6% p.a.; insurer to deposit within six weeks.

Mohan Naik @ Mohan Naik Chowan Vs M/S. Bajaj Allianz… — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:39620 MFA No. 831 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 831 OF 2019 (MV)

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BETWEEN:

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MOHAN NAIK @ MOHAN NAIK CHOWAN S/O. L. BHOJYA NAIK AGED ABOUT 30 YEARS R/AT NO. 15/4, POOJAR NILAYA 1ST MAIN ROAD, MARENAHALLI VIJAYANAGAR, BENGALURU-560 040. …APPELLANT (BY SRI. NAGARAJA REDDY D.,ADVOCATE)

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AND:

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M/S. BAJAJ ALLIANZ GEN. INS. CO. LTD., REP BY ITS MANAGER GOLDEN HEIGHTS, 4TH FLOOR #1/2, 59TH "C" CROSS 4TH "M" BLOCK, RAJAJINAGAR BENGALURU-560 010.

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Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA

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NIRANJAN N. K. S/O. NINGAIAH KALLUR MAJOR, R/AT #348, NEELAGIRI THOP MAIN ROAD MUNESHWARANAGAR, HEGGANAHALLI SUNKADAKATTE,BENGALURU-560 091.…RESPONDENTS (BY SRI.A.N.KRISHNA SWAMY., ADVOCATE FOR R1: NOTICE TO R2 IS DISPENSED WITH V/O DATED: 07.11.2023)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11/10/2018, PASSED IN MVC NO.4141/2017, ON THE FILE OF THE VII ADDITIONAL SMALL CAUSES JUDGE & XXXII ACMM., MEMBER, MACT-3, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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2 - NC: 2024:KHC:39620 MFA No. 831 of 2019

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD

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ORAL JUDGMENT

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This appeal under Section 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’) has been filed by the claimant being aggrieved by the judgment dated 11.10.2018 passed by the Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru (hereinafter referred to as ‘the Tribunal’) in MVC No.4141/2017.

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Facts giving rise to the filing of the appeal briefly stated are that on 28.06.2017 at about 6.25 p.m., when the claimant was proceeding on motorcycle bearing registration No.KA-04/J-3490 on the extreme left side of M.C.Circle, Magadi main road, at that time, another motorcycle bearing registration No.KA-02/JL-7966 being driven by its driver at a high speed and in a rash and negligent manner, dashed to the vehicle of the claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.

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3 - NC: 2024:KHC:39620 MFA No. 831 of 2019

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The claimant filed a petition under Section 166 of the Act, seeking compensation. It was pleaded that he spent significant amount towards medical expenses, conveyance charges and other related costs. It was further pleaded that the accident occurred solely on account of rash and negligent riding of the offending vehicle by its rider.

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Upon service of notice, the respondent Nos.1 and 2 appeared through counsel and respondent No.1 filed written statement denying the averments made in the claim petition.

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On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter, recorded the evidence. The claimant, in order to prove the case, examined himself as PW-1, and other 5 witnesses were examined as PW-2 to PW-6, and got exhibited documents namely Ex.P1 to Ex.P44. On behalf of the respondents, neither any witness was examined nor got exhibited documents. The Claims Tribunal, by the impugned

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4 - NC: 2024:KHC:39620 MFA No. 831 of 2019

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judgment, inter alia, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the claimant sustained injuries. The Tribunal further held that the claimant is entitled to a compensation of Rs.6,40,076/along with interest at the rate of 8% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. Being aggrieved, the present appeal has been filed.

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The learned counsel for the claimant submits that due to the accident the claimant suffered grievous injury, he was inpatient for a period of 27 days, he has suffered lot of pain during treatment and he has to suffer the disability throughout his life. Considering the evidence of the doctor and injuries suffered by the claimant, the compensation awarded by the Tribunal for 'pain and sufferings', 'loss of amenities', 'future medical expenses' and other incidental expenses is on the lower side. Hence, sought to allow the appeal.

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NC: 2024:KHC:39620 MFA No. 831 of 2019

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On the other hand, the learned counsel for the Insurance Company raised the following countercontentions:

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(i) Firstly, considering the evidence of PW4 and the medical records, and the wound certificate ExP9, the compensation awarded by the Tribunal for 'pain and sufferings', 'loss of amenities' and other incidental expenses is just and reasonable.

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(ii) Secondly, in light of the Division Bench decision of this Court in the case of Ms.Joyeeta Bose and others

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–v- Venkateshan.V and others (MFA 5896/2018 and connected matters disposed of on 24.8.2020), the

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rate of interest awarded by the Tribunal at 8% p.a. on the compensation amount appears excessive. Hence, he sought to dismiss the appeal.

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Heard the learned counsel for the parties and perused the judgment and award of the Tribunal and the original records.

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6 - NC: 2024:KHC:39620 MFA No. 831 of 2019

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It is not in dispute that the claimant has sustained injuries in the road traffic accident occurred on 28.06.2017 due to rash and negligent riding of the offending vehicle by its rider.

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Due to the accident, the claimant has sustained head injury with facio-maxillary injuries, traumatic brain injury, multiple facial fracture, mandibular ramus displaced fracture and left clavicular fracture. He was inpatient for a period of 27 days. He has suffered lot of pain during the treatment period and he has to suffer the disability throughout his life. Considering the prolonged pain during treatment as well as the permanent disability certified by the doctor, I am inclined to enhance the compensation awarded by the Tribunal under the head of 'pain and sufferings' from Rs.40,000/- to Rs.75,000/-, under the head of 'loss of amenities, nourishing food, conveyance and attendant charges' from Rs.20,000/- to Rs.60,000/-, 'future medical expenses' from Rs.20,000/- to Rs.45,000/-

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NC: 2024:KHC:39620 MFA No. 831 of 2019

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Considering the nature of injuries, the

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compensation awarded by the Tribunal under other heads is just and reasonable.

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Thus, the claimant is entitled to the following compensation:

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Compensation under different Heads	As awarded by the Tribunal (Rs.)	As awarded by this Court (Rs.)
Pain and sufferings	40,000	75,000
Medical expenses	3,30,000	3,30,000
Loss of amenities, conveyance, food, nourishment and attendant charges	20,000	60,000
Loss of income during laid up period	52,290	52,290
Loss of future income	1,77,786	1,77,786
Future medical expenses	20,000	45,000
Total	6,40,076	7,40,076

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In the result, the following order is passed:

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8 - NC: 2024:KHC:39620 MFA No. 831 of 2019

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ORDER

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(i) The appeal is allowed in part.

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(ii) The judgment of the Claims Tribunal is modified.

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(iii) The claimant is entitled to a total compensation of Rs.7,40,076/- as against Rs.6,40,076/- awarded by the Tribunal.

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(iv) Following the judgment of the Division Bench of this Court in the case of ‘MS.JOYEETA BOSE’ (supra) , the enhanced compensation shall carry interest at 6% per annum.

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(v) The Insurance Company is directed to deposit the compensation amount along with interest from the date of filing of the claim petition till the date of realization, within a period of six weeks from the date of receipt of a copy of this

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judgment.

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Sd/(H.T. NARENDRA PRASAD) JUDGE

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CM List No.: 1 Sl No.: 53

Mohan Naik @ Mohan Naik Chowan v. M/S. Bajaj Allianz Gen. Ins. Co. Ltd.

Case brief

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Mohan Naik @ Mohan Naik Chowan v. M/S. Bajaj Allianz Gen. Ins. Co. Ltd.

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