Partly allowed

G Somashekar v. G Harish

Karnataka HC5 Mar 2024MFA/9659/2018

Case brief

AI extract

What is this about?

Claimant appealed for enhancement of motor accident compensation, having sustained grievous injuries when a two-wheeler dashed his bicycle. The High Court enhanced compensation from Rs.51,268 to Rs.81,768 without requiring medical expert evidence.

What did the court decide?

Compensation enhanced from Rs.51,268/- to Rs.81,768/- with interest at 6% p.a.; insurance company to deposit within eight weeks; no costs.

G Somashekar Vs G Harish — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:9205 MFA No. 9659 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 9659 OF 2018

(MV-I)

BETWEEN:

G SOMASHEKAR

S/O GOVINDAPPA R/O AJJAPANAHALLI VILLAGE

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HUTHUR HOBLI, KOLAR TALUK

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…APPELLANT

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(BY MS. SWATI G. HEGDE., ADVOCATE FOR; SRI. PAVANA CHANDRA SHETTY H.,ADVOCATE)

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AND:

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G HARISH

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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S/O GURUMURTHAPPA KURUBARAHALLI VILLAGE MULBAGAL TALUK, KOLAR DISTRICT

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UNITED INDIA INSURANCE CO LTD SUGUNA NURSING HOME COMPLEX ANTHARAGANGE ROAD NEAR KSRTC BUS STAND KOLAR-563101 REP BY ITS BRANCH MANAGER

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…RESPONDENTS

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(BY SRI.Y.P. VENKATAPATHY.,ADVOCATE FOR R2; V/O DTD. 28.11.2022 NOTICE TO R1 IS D/W)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED28.02.2018 PASSED IN MVC NO.153/2016 ON THE FILE OF THE MACT AND III ADDITIONAL SENIOR CIVIL JUDGE, KOLAR, PARTLY ALLOWING THE CLAIM

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NC: 2024:KHC:9205 MFA No. 9659 of 2018

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PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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JUDGMENT

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Aggrieved by the award dated 28.02.2018, passed in MVC No.153/2016, by the MACT And III Additional Senior Civil Judge, Kolar, the claimant is before this Court seeking enhancement of the compensation.

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It is the case of the claimant that on

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09.04.2016, when the claimant was going to Vadagur gate

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for his personal work in his bicycle, one two wheeler came

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from opposite direction and dashed the petitioner and as a

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result, he sustained injuries. As per the wound certificate Exhibit-P5, the claimant had sustained the following injuries:

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(i) Soft tissue injury over right side of the skull, (ii) Head Injury;

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(iii) Right shoulder posterior dislocation;

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3 - NC: 2024:KHC:9205 MFA No. 9659 of 2018

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(iv) Multiple and grievous injuries on all over the body;

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It is the case of the claimant that he had sustained permanent disability but no Doctor was

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examined. Considering all this the court below has granted compensation as per the table below:

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	Heads	Com A	pensation warded
1.	Pain and Sufferings :	Rs.	30,000/-
2.	Incidental Expenses :	Rs.	3,000/-
3.	Medical Expenses :	Rs.	6,268/-
4.	Loss of income during treatment :	Rs.	2,000/-
5.	Loss of amenities, nourishment food, conveyance, and attendant charges :	Rs.	10,000/-
	TOTAL :	Rs.	51,268/-

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Learned counsel appearing for the appellant

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submits that the claimant had suffered injuries to the head and he had sustained disability but unfortunately they

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could not examine the doctor but the discharge summary

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was placed on record and the court below ought to have granted reasonable compensation.

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NC: 2024:KHC:9205 MFA No. 9659 of 2018

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Learned counsel for the respondent - insurance

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company submits that without examining the doctor and without placing material before the court the claimant cannot claim enhancement of the compensation. It is submitted that no grounds are made out for enhancement. Further the learned counsel submits that all the injuries sustained by the claimant are simple in nature he has drawn the attention of the Court to the evidence of the claimant wherein it is stated the injuries are simple in nature. He submits that the claimant is not entitled for enhancement of the compensation.

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6. Having heard the learned counsel on either

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side, perused the material on record. As per the wound certificate the injury suffered by the claimant is grievous in

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nature. Considering the same, this Court is granting an

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amount of Rs.40,000/- towards pain and sufferings . Toward medical expenses the Court Below had granted an amount of Rs.6,268/- basing on the evidence and no

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5 - NC: 2024:KHC:9205 MFA No. 9659 of 2018

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interference is called for. Then towards transport, nourishment and conveyance charges the claimant was in hospital for six days and hence an amount of Rs.6,000/- is granted, towards loss of income during laid up period since this accident is of the year 2016 considering the chart prepared by the Karnataka State Legal Services Authority, this Court is taking the income at Rs.9,500/- p.m., and taking the laid up period as one month an amount an amount of Rs.9,500/- is awarded towards loss of income during laid up period, towards

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loss of amenities , an amount of Rs.10,000/- is granted.

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In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA vs. M. MALATHI AND ANOTHER¹ , the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses .

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1 (2014) 11 SCC 178

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6 - NC: 2024:KHC:9205 MFA No. 9659 of 2018

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8. The claimant is therefore, entitled to the

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compensation under the following heads:

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Description		By Tribunal	By this Court
Pain and Sufferings	Rs.	30,000/-	40,000/-
Incidental Expenses	Rs.	3,000/-	6,000/-
Medical Expenses	Rs.	6,268/-	6,268/-
Loss of income during treatment	Rs.	2,000/-	9,500/-
Loss of amenities, nourishment food, conveyance, and attendant charges	Rs.	10,000/-	10,000/-
Legal Expenses	Rs.	0	10,000/-
Total	Rs.	51,268/-	81,768/-
Enhancement		Rs.30,5	00/-

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8. Accordingly, the appeal is partly allowed ,

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enhancing the compensation amount from Rs.51,268/- to

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Rs.81,768/-.

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i) The enhanced amount shall carry interest at 6% p.a., from the date of petition till the date of realization.

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7 - NC: 2024:KHC:9205 MFA No. 9659 of 2018

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ii) The respondent - insurance company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security.

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iii) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.

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iv) No costs.

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Pending miscellaneous petitions, if any, shall stand closed.

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SD/JUDGE

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List No.: 1 Sl No.: 38

G Somashekar v. G Harish

Case brief

What is this about?

What did the court decide?

G Somashekar v. G Harish

Case brief

What is this about?

What did the court decide?

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