Sri Govindaraju Vs Iffco Tokio General Insurance Co. Ltd.

SRI GOVINDARAJU S/O LATE DODDA THIMMANA AGED ABOUT 46 YEARS RESIDING AT HUNSEHALLI VILLAGE GOWDAGERE HOBLI SIRA TALUK, HUNSEHALLI POST TUMKUR DISTRICT-572 139.

¶10

…APPELLANT

¶11

(BY SRI. RAGHU R, ADVOCATE)

¶12

AND:

¶13

Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA

¶14

IFFCO TOKIO GENERAL INSURANCE CO.LTD., REGIONAL OFFICE NO.8 III MAIN, SHANTHI TOWERS V FLOOR, EAST TO NGEF LAYOUT KSTURINAGAR BENGALURU-560 043. REP. BY IT'S MANAGER

¶15

SRI CHITRASHEKAR N.H S/O HONNASETTAPPA R/AT VIGNESHWARA MOTOR SERVICE KYATHASANDRA, TUMKUR-572 104.

¶16

…RESPONDENTS

¶17

(BY SRI. P.S JAGADISH, ADVOCATE FOR R1)

¶18

2 -

¶19

NC: 2026:KHC:35842 MFA No. 8452 of 2022

¶20

HC-KAR

¶21

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.09.2022 PASSED IN MVC NO.7963/2019 ON THE FILE OF THE XI ADDITIONAL SMALL CAUSES JUDGE AND ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-12, BENGALURU SCCH-12, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶22

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

¶23

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

¶24

ORAL JUDGMENT

¶25

The claimant, being dissatisfied with the compensation of Rs.3,59,806/- awarded by the Tribunal, is in appeal.

¶26

The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute.

¶27

The Tribunal, on assessment of evidence, has awarded

¶28

the following sums as compensation:

¶29

Sl. No.	Particulars	Amount in (Rs.)
1.	Towards pain and sufferings	15,000
2.	Medical Expenses	28,566
3.	Conveyance, Attendant charges & food and nourishment expenses (1,000/- X 6)	6,000

¶30

3 - NC: 2026:KHC:35842 MFA No. 8452 of 2022

¶31

HC-KAR

¶32

4.	Loss of income during treatment period	28,000
5.	Loss of income due to permanent disability	2,82,240
	Total	3,59,806

¶33

The sums awarded by the Tribunal towards 'loss of future

¶34

income' and 'conveyance, attendant charges & food and nourishment expenses' , being just and proper, are affirmed.

¶35

The sum awarded as medical expenses at Rs.28,566/- being based on the documentary evidence, do not call for modification and hence confirmed.

¶36

Having regard to the injuries suffered by the claimant and

¶37

the treatment taken for the same, I deem it just and appropriate to award a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.15,000/- and a sum of Rs.42,000/- towards 'loss of income during the laid up period' as against sum of Rs.28,000/- awarded by the Tribunal.

¶38

Having regard to the lasting effect of injuries suffered by the claimant, I deem it just and appropriate to award a sum of

¶39

Rs.40,000/- towards 'loss of amenities' .

¶40

4 -

¶41

NC: 2026:KHC:35842 MFA No. 8452 of 2022

¶42

HC-KAR

¶43

Consequently, the award of the Tribunal is modified and

¶44

the claimant would be entitled to the following compensation:

¶45

Sl. No.	Compensation under different Heads	As awarded by the Tribunal	As awarded by this Court
		(Rs.)	(Rs.)
1.	Towards pain and sufferings	15,000	50,000
2.	Medical Expenses	28,566	28,566
3.	Conveyance, Attendant charges & food and nourishment expenses (1,000/- X 6)	6,000	6,000
4.	Loss of income during treatment period	28,000	42,000
5.	Loss of income due to permanent disability	2,82,240	2,82,240
6.	Loss of amenities	---	40,000
	Total	3,59,806	4,48,806

¶46

Thus, the claimant is held entitled to the total compensation of Rs.4,48,806/- as against Rs.3,59,806/-, along with interest at the rate of 6% per annum from the date of petition till its realization.

¶47