Sri. Madegowda Vs Mahesh

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.02.2021 PASSED IN MVC NO.372/2017 ON THE FILE OF THE PRL. JUDGE, COURT OF SMALL CAUSES AS A PRESIDING OFFICER, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

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ORAL JUDGMENT

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The claimant, being dissatisfied with the compensation of

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Rs.1,92,500/- awarded by the Tribunal, is in appeal.

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The fact that the accident occurred is not in dispute.

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The Tribunal, on assessment of evidence, has awarded

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the following sums as compensation:

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3 -

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HC-KAR

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NC: 2026:KHC:36324 MFA No. 3108 of 2021

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CNR: KAHC010272342021

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Sl. No.	Particulars	Amount in (Rs.)
1.	Compensation towards pain, shock and sufferings	15,000
2.	Compensation towards attendant charges, extra diet, nourishment and conveyance	4,000
3.	Compensation towards loss of amenities	5,000
4.	Compensation towards medical expense	1,68,500
	Total	1,92,500

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Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.60,000/- towards 'pain and suffering' as against the sum of Rs.15,000/awarded by the Tribunal.

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Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.40,000/- towards loss of amenities, as against the sum of Rs.5,000/- awarded by the Tribunal.

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Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Conveyance, food and nourishment and attendant charges' at

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4 -

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HC-KAR

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NC: 2026:KHC:36324 MFA No. 3108 of 2021

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CNR: KAHC010272342021

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Rs.15,000/- as against the sum of Rs.4,000/- awarded by the Tribunal.

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Having regard to the nature and gravity of injuries suffered by the claimant and for its further treatment in future, I deem it just and appropriate to award a sum of Rs.20,000/- toward 'future medical expenses' .

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The sum awarded as medical expenses at Rs.1,68,500/-

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being based on the documentary evidence, do not call for modification and hence confirmed.

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Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation:

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Sl. No.	Compensation under different Heads	As awarded by the Tribunal	As awarded by this Court
		(Rs.)	(Rs.)
1.	Compensation towards pain, shock and sufferings	15,000	60,000
2.	Compensation towards attendant charges, extra diet, nourishment and conveyance	4,000	15,000

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5 - NC: 2026:KHC:36324 MFA No. 3108 of 2021

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HC-KAR

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CNR: KAHC010272342021

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Compensation towards
3.
loss of amenities 5,000 40,000
Compensation towards
4.
medical expense 1,68,500 1,68,500
5. Future medical expenses ---
20,000
Total 1,92,500 3,03,500

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Thus, the claimant is held entitled to the total compensation of Rs.3,03,500/- as against Rs.1,92,500/-, along with interest at the rate of 6% per annum from the date of petition till its realization.

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Admittedly the driver of the offending vehicle was not possessing valid driving license at the time of accident. In view of the law laid down by the Hon'ble Apex Court in the case of Pappu vs. Vinod Kumar Lamba and another reported in

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(2018) 3 SCC 208, the Tribunal ought to have fastened the liability on the insurer with liberty to recover the same from the insured. Accordingly, that portion of the impugned award stands modified.

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