Sri Yogesha M C Vs Girish H P

THIS MFA FILED U/S 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 19.08.2020 PASSED IN MVC NO.206/2019 ON THE FILE OF THE 5^TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

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NC: 2026:KHC:6386 MFA No. 4463 of 2020

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HC-KAR

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ORAL JUDGMENT

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The present appeal seeks to challenge an award dated 19.08.2020, passed by the learned 5^th Additional District and Sessions Court and Additional MACT at Hassan, in M.V.C.No.206/2019 [hereinafter referred to as the “Impugned Award”]. By the Impugned Order, a sum of ₹4,48,000/- has been awarded with interest at the rate of 9% per annum.

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The brief facts are that the appellant/claimant was doing electrical contract work and had gone to Maradi Village on 24.06.2018 in his Scooter bearing No.KA-04/ HX-7969, for completing his work. At about 6:15 p.m., a Car bearing No.KA-41/N-8088 came from the opposite direction, which was stated to be driven in a rash and negligent manner and hit the Scooter of the appellant/ claimant. As a result, the appellant/claimant fell down and sustained grievous injuries to his face, left hand and right leg. The appellant/claimant was admitted in SSM Hospital, Hassan, for about 45 days. The appellant/claimant further

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NC: 2026:KHC:6386 MFA No. 4463 of 2020

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HC-KAR

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claimed that because of the injuries sustained in the accident, he was not in a position to work as before.

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A claim petition was filed by the appellant/claimant

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before the learned 5^th Additional District and Sessions Court and Additional MACT at Hassan [hereinafter referred to as the “Tribunal”]. Respondent Nos.1 and 2 being the driver and owner of the vehicle did not appear before the Tribunal and were placed ex-parte. The claim petition was contested by the respondent No.3/Insurance Company. Several grounds were raised by the respondent No.3/ Insurance Company including that the policy conditions were violated.

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On the basis of the pleadings, the following Issues were framed by the learned Tribunal:

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“1. Whether the petitioner proves that on 24.6.2018 at about 6.15 pm when petitioner was coming in Scooter No.KA 04 HX 7969 from Maradi Village, in Hassan Arkalgud Road, in front of ANP Hollow Bricks in Kattaya village, a Car belonging to Respondent No.1, bearing Reg.No.KA 41 N-8088 came from Hassan side and it was driven in rash and negligent manner by its driver and has dashed to the scooter of the Petitioner and caused accident, by which Petitioner sustained injuries?

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NC: 2026:KHC:6386 MFA No. 4463 of 2020

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HC-KAR

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2. Whether Respondent no.3 proves that, it is not liable to pay compensation?

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3. Whether the Petitioner is entitled for the compensation? If so to what amount and from whom?

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4. What order or award?”

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The learned Tribunal, after finding that the

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accident was caused by the rash and negligent driving of the Car bearing registration No.KA-41/N-8088 and

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based on the medical records and other documents

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produced by the appellant/claimant, granted the following compensation:

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Sl. No.	Particulars	Amount in ₹
1	Painand suffering	30,000/-
2	Medical expenses	1,51,000/-
3	Attendant charges	6,000/-
4	Food & nourishment	5,000/-
5	Loss of Income during laid up period	18,000/-
6	Loss of future earning (₹12,000/-x11%x12x15)	2,38,000/-
7	Loss ofamenities	-
	Total	4,48,000/-

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5.1. In addition, it was also held that the respondent

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No.1/owner and respondent No.3/insurance company are

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NC: 2026:KHC:6386 MFA No. 4463 of 2020

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HC-KAR

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jointly and severally liable to make payment of the awarded amount, in view of the fact that there was no breach of the Insurance Policy.

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Learned counsel for the appellant/claimant, on instructions submits that the aforesaid compensation is acceptable to the appellant/claimant.

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None appears for the respondent No.1, despite service. Notice to respondent No.2 is dispensed with by this Court by order dated 16.04.2024.

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The learned counsel for the appellant/claimant and learned counsel for the respondent No.3/Insurance Company today have contended that they have reached an amicable settlement in the matter.

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Learned counsel for the appellant/claimant submits that the notional income as taken by the Tribunal was taken at ₹12,000/- per month, however, since the accident occurred on 24.06.2018, the notational income should have been taken as ₹12,500/- per month.

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HC-KAR

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Secondly, he contends that the amount awarded by the Tribunal towards pain and suffering and attendant charges is on the lower side.

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The learned counsel for the respondent No.3/ Insurance Company, on the other hand, on instructions, fairly concedes that, after evaluation of the amounts, an

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enhanced amount of ₹80,500/- as compensation would be

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paid by the Insurance Company, in the following manner:

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Sl. No.	Particulars	Amount in ₹
1	Pain and suffering	50,000/-
2	Medical expenses	1,51,000/-
3	Attendant charges	10,000/-
4	Food & nourishment	5,000/-
5	Loss of Income during laid up period	25,000/-
6	Loss of future earning (₹12,500/-x11%x12x15)	2,47,500/-
7	Loss ofamenities	40,000/-
	Total	5,28,500/-
	Less: awarded by Tribunal	4,48,000/-
	Enhanced compensation	80,500/-

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In view of the settlement arrived at between the parties, this Court deems apposite to pass the following:

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HC-KAR

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ORDER

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(i) The appeal is disposed of as settled.

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(ii) The impugned Judgment and Award dated 19.08.2020, passed by the learned 5^th Additional District

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and Sessions Court and Additional MACT at Hassan, in M.V.C.No.206/2019 is modified, enhancing the compensation of ₹80,500/-[Rupees Eighty Thousand Five Hundred] along with interest applicable thereon as awarded by the learned Tribunal.

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(iii) The Insurance Company shall deposit the enhanced compensation with interest applicable thereon, as awarded by the Tribunal, within a period of four weeks from the date of receipt of a copy of this judgment.

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