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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
M.F.A.NO.5667 OF 2015 (MV)
C/W
M.F.A. CROB.118 OF 2015 (MV)
IN M.F.A.NO.5667 OF 2015 (MV)
BETWEEN:
TOHID PASHA
S/O MUNEER JAN
AGED ABOUT 20 YEARS
R/O C/O SHAIK MEHBOOB
NO.147, NEXT TO DTDC COURIER
M.S. PALYA CIRCLE
YELAHANKA MAIN ROAD
VIDYARANYAPURA POST
BANGALORE - 560 097.
… APPELLANT
(BY SRI. VIJAY KUMAR T, ADVOCATE)
AND:
1.
NEW INDIA ASSURANCE CO. LTD.,
BY ITS MANAGER
REGIONAL OFFICE
NO.2-B, 1ST FLOOR
UNITY BUILDING ANNEXE
MISSION ROAD
BANGALORE - 560 027.
2.
PICHANDI R.,
S/O RAJAGOPAL
2
AGED MAJOR
NO.138, THARVAZHI VILLAGE
PUDU STREET
ELAVAMPADI POST
VELLORE TALUK
USSOOR
TAMIL NAIDU STATE - 632 105.
... RESPONDENTS
(BY SRI. K. NAGARAJAIAH, ADVOCATE FOR R1
NOTICE TO R2 IS DISPENSED WITH, V/O
DATED:04.08.2015)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLE ACT AGAINST THE JUDGMENT AND AWARD
DATED:30.05.2015 PASSED IN MVC NO.1974/2014 ON THE
FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE,
MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU,
PARTLY
ALLOWING
THE
CLAIM
PETITION
FOR
COMPENSATION
AND
SEEKING
ENHANCEMENT
OF
COMPENSATION.
M.F.A. CROB NO.118 OF 2015(MV)
BETWEEN:
THE NEW INDIA ASSURANCE COMPANY LIMITED
REPRESENTED BY ITS MANAGER
REGIONAL OFFICER
PRESENTLY FUNCTIONING AT
MAHALAKSHMI CHAMBERS
NO.9, M.G. ROAD
BANGALORE - 560 001.
...CROSS OBJECTOR
(BY SRI. K. NAGARAJAIAH, ADVOCATE)
AND:
1.
SHRI. TOHID PASHA
SON OF SHRI MUNEER JAN
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AGED ABOUT 20 YEARS
CARE OF SHRI SHAIK MEHBOO
NO.147, NEXT TO DTDC COURIER
M.S. PALYA CIRCLE
YELAHANKA MAIN ROAD
VIDYARANYAPURA POST
BANGALORE - 560 097.
2.
SHRI. R. PICHANDI
S/O SHRI. RAJAGOPAL
MAJOR, NO.138, THARVAZHI VILLAGE
PUDU STREET
ELAVAMPADI POST
VELLORE TALUK, USSOOR
TAMILNADU - 632 105.
….RESPONDENTS
(BY SRI. VIJAY KUMAR T., ADVOCATE FOR R1;
R2 SERVED)
MFA CROSS OBJECTION NO.118 OF 2015 IN MFA
5667/2015 IS FILED UNDER ORDER 41 RULE 22 OF CPC
AGAINST THE JUDGMENT AND AWARD DATED:30.05.2015
PASSED IN MVC NO.1974/2014, ON THE FILE OF THE XIII
ADDITIONAL SMALL CAUSES JUDGE AND MEMBER, MACT,
BENGALURU,
AWARDING
COMPENSATION
OF
RS.13,93,000/- WITH INTEREST @ 9% P.A. FROM THE DATE
OF PETITION TILL THE REALIZATION.
THE APPEAL AND THE MFA CROSS OBJECTION ARE
COMING ON FOR HEARING, THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
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This appeal is filed under Section-173(1) of the Motor
Vehicles Act, 1988, (hereinafter referred to as ‘MV Act’ for
brevity) by the appellant-claimant challenging the judgment
and award dated 30.05.2015, passed in MVC No. 1974/2014,
on the file of the Motor Accident Claims Tribunal Court of
Small Causes, Bengaluru, (hereinafter referred to as ‘the
Tribunal’ for brevity) seeking enhancement of compensation.
MFA Crob. No.118/2015 in the above appeal is
filed by the Insurance company-cross objector challenging
the above stated award in MVC No.1974/2014 on the ground
that quantum order is on a higher side. Hence, prays for
reduce the quantum of compensation awarded by the
Tribunal.
Brief facts of the case are:
3.
That on 25.04.2014 at about 5.35 p.m. the
appellant was proceeding as the pillion rider on the motor
cycle
bearing
registration
No.KA-03-ES-5525
on
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Doddaballapura- Dabaspet road i.e., NH-207 road near Gram
Panchayath Office. At that time the lorry bearing registration
No.TN-23-AC-9959 came from Doddaballapura in rash and
negligent manner came to the extreme wrong side of the
road and dashed against him. Due to the accident, he fell
down and sustained grievous injuries.
4. Hence, a claim petition was filed by the appellant
under Section-166 of the M.V. Act, claiming compensation for
the injuries sustained in the accident. The Tribunal on
appreciating the materials on record, allowed the petition in
part, and awarded a compensation of Rs.13,93,000/-, along
with interest at 9% per annum from the date of petition till
the realization in its entirety from the first respondent
therein.
5.
Heard arguments of the learned counsel for the
appellant and the learned counsel for respondent No.2 –
insurance company and perused the materials on record.
6.
The learned counsel for the appellant submitted
that the quantum of compensation awarded under various
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heads is on lesser side. Therefore, seeks for enhancement of
the compensation.
7.
On the other hand, the learned counsel appearing
for the first respondent – insurance company as well as
cross-objector in MFA Cross objection submits that the
compensation amount as awarded by the Tribunal is on
higher side. Hence, prays for reduce the compensation award
by the Tribunal.
8. The compensation awarded by the Tribunal is as
follows:
Pain and Suffering
:
Rs.
50,000.00
Loss of income during laid up
period, Diet, Nourishment and etc.,
:
Rs.
30,000.00
Attendant
Charges,
Conveyance,
other Incidental charges and etc.,
:
Rs.
30,000.00
Medical Expenditure
:
Rs.
3,00,000.00
Future medical expenditure
:
Rs.
1,50,000.00
Loss of Future income
(7500X12X30/100X18)
4,86,000.00
25% of future prospectus
:
Rs.
1,21,500.00
Loss of Amenities and comfort
:
Rs.
75,000.00
Permanent Physical Impairment
:
Rs.
1,50,000.00
TOTAL :
Rs. 13,92,500/-
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and rounded off to Rs.13,93,000/-
9.
In the present case, Ex.P5 is a wound certificate,
Ex.P6 is a discharge summary, EX.P10 is a colour
photographs, Ex.P13 is a X-ray film. The evidence of the
doctor-PW.2 proves the fact that the appellant had sustained
injury on the right lower limb with traumatic auto amputation
of right leg above the knee joint level with attachment only
by skin. Therefore, surgery was conducted. Inevitably
revision amputation with stump closure above knee was
done.
10.
The Tribunal has awarded compensation of
Rs.50,000/-
towards
'Pain
and
Sufferings'
and
Rs.30,000/- towards 'Loss Of Income During Laid Up
Period, Diet, Nourishment And Etc.' and Rs.30,000/-
towards
'Attendant
Charges,
Conveyance,
Other
Incidental Charges and Etc., are correct. Therefore, it
needs no interference. Same is kept in tact.
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11.
Further, the Tribunal has awarded compensation
of
Rs.3,00,000/-
towards
'Medical
Expenses'.
The
appellant-claimant has produced medical bills and hospital
charges totally for a sum of Rs.2,89,551/-. But the Tribunal
has rounded off the same to Rs.3,00,000/- which needs no
interference because the Tribunal has awarded compensation
as
