Pavan Thakare @ Pavan Narayanrao Thakare Vs P Vivekananda Shanmughanathan

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.10.2021 PASSED IN MVC NO. 1451/2019 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (SCCH-14), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

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JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA

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HC-KAR

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ORAL JUDGMENT

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This appeal has been filed by the appellant/claimant challenging the judgment and award dated 11.10.2021, passed by the Motor Vehicles Accident Claims Tribunal, Bangalore City (for short `Tribunal'), in MVC

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No.1451/2019, seeking enhancement of compensation.

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With the consent of both the parties, the matter is taken up for final disposal.

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For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

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Brief facts of the case are that, on 21.02.2019, at around 9.15 a.m., the claimant was proceeding on Honda Activa bearing Reg No. KA-01-HP-5114; when he reached near 5^th main road, in front of Shanmugha hotel, HSR layout, he met with an accident due to rash and negligent driving of the car bearing Reg.No.KA-03-NB2273 by its driver. As a result of which, the claimant sustained grievous injuries and he suffered permanent

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NC: 2025:KHC:40802 MFA No. 7894 of 2022

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HC-KAR

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disability. With these reasons, the claimant has prayed for awarding of compensation of Rs.50,00,000/-.

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Respondent No.1 is the owner and Respondent No.2 is the insurer of the offending vehicle. Both the respondents have filed the written statement denying the contents of the claim petition. Respondent No.2 denied its liability to pay the compensation. With these reasons, prayed to dismiss the claim petition.

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From the rival contentions of the parties, the Tribunal framed necessary issues, for its determination and recorded the evidence of the claimant.

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The claimant to prove his case, examined three

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witnesses as P.Ws. 1 to 3 and marked 31 documents, as Exs.P-1 to P-31.

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The Tribunal after hearing both parties and

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appreciating the evidence on record, held that the accident

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HC-KAR

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occurred due to negligence of the driver of the car and

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awarded the following amount of compensation:

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Particulars	Amount in Rs.
Pain and sufferings	20,000
Food and Nourishment, conveyance and attendant charges expenses	10,000
Medical expenses	45,283
Loss of amenities	20,000
Future medical expenses	20,000
Total	1,15,283

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9. Being aggrieved by the said award passed by

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the Tribunal, the claimant has filed the present appeal seeking enhancement of compensation.

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10. Heard Sri. Shripad V Shastri, learned counsel for the appellant and Sri. Ravi S Samprathi, learned counsel for respondent No.2.

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11. The fact of accidents and injuries sustained by the claimant are not in serious dispute. Respondents have

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HC-KAR

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not challenged impugned judgments and hence no need to revisit the same.

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12. Looking at the materials placed on record and going through the evidence of P.W.2 the amount of compensation awarded by the Tribunal is on the lower side. The claimant sustained a fracture of the right femur involving two parts: the neck of the femur and the shaft of the femur. He underwent surgery and implants were instilled. The wound certificate also indicates that he sustained a fracture of the nasal bone. He was admitted to the hospital as an inpatient for a period of five days.

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13. P.W.2 - Doctor in his evidence stated in detail about the restrictions of movement and assessed the disability to the extent of 20% to the full body. He also stated that the claimant has to undergo further surgery for removal of the implant.

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NC: 2025:KHC:40802 MFA No. 7894 of 2022

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HC-KAR

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14. Looking at the medical evidence, the amount of compensation awarded in respect of pain and sufferings is highly inadequate.

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15. The Tribunal awarded only Rs.20,000/- towards loss of amenities. Looking at the nature of injuries, disabilities stated by P.W.2, even if the claimant may not have suffered a loss of income due to the injuries sustained, he might have lost several amenities of life. Therefore, more amount of compensation is required to be awarded under the head of loss of amenities.

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16. Learned counsel for the appellant contends that according to the evidence of P.W.2, Rs.45,000/- is required for removal of implants but the Tribunal has awarded only Rs.20,000/-. Considering the contentions, it appears that the claimant has obtained health insurance. Therefore, he can recover the same from his Insurance Company. Considering this fact, the claimant is entitled to the following amount of compensation as under:

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HC-KAR

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Particulars	Amount in Rs.
Pain and sufferings	75,000
Food and Nourishment, conveyance and attendant charges expenses	25,000
Medical expenses	45,283
Loss of amenities	1,00,000
Future medical expenses	20,000
Total	2,65,283
Amount awarded by the Tribunal	1,15,283
Enhancement-	1,50,000

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The claimant is entitled to interest at the rate of 6% p.a. on the compensation amount from the date of petition till its realization excluding the delayed period of 143 days in filing the appeal. Undisputedly, respondent No.2 is the insurer of the offending vehicle and the policy was in force as on the date of the accident. Hence, respondent No.2 is liable to pay the enhanced amount of compensation of Rs.1,50,000/- with interest on the enhanced amount from the date of petition till its realization.

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HC-KAR

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In the result, I proceed to pass the following:

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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 dated dated 11.10.2021, passed in MVC No.1451/2019 by the Motor Vehicles Accident Claims Tribunal, Bangalore City stands modified.

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iii. The claimant is entitled to enhanced compensation of Rs.1,50,000/-, with interest at the rate of 6% p.a. on the enhanced amount, from the date of petition till its realization excluding the delayed period of 143 days in filing the appeal.

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