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2021 DAILYLAW 1060 (KAR)

SRI C AMARANATH REDDY v. M/S ARUNACHALA LOGISTICS PVT LTD

MFA/6591/2021 · 2026-04-24

K Manmadha Rao

body2021

Judgment text

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- 1 - MFA No. 6591 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO.6591 OF 2021 (ECA) BETWEEN: SRI. C. AMARANATH REDDY, AGED ABOUT 28 YEARS, S/O. C. CHANDRASHEKAR REDDY, R/AT NO.1/1050, STALIN NAGAR, NARAYANAPURA, ANANTHAPURA ANDRA PRADESH - 515 004. …APPELLANT (BY SRI. NAGARAJ REDDY D.,ADVOCATE) AND: 1. M/S ARUNACHALA LOGISTICS PVT., LTD., NO 8-3-961/B, 4TH FLOOR SBI BUILDING, SRI NAGAR COLONY, S.R. NAGAR, HYDERABAD, ANDRA PRADESH - 560 038. 2. THE NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, NO.144, SHUBARAM COMPLEX, M.G. ROAD, BENGALURU - 560 001. REPRESENTED BY ITS MANAGER. …RESPONDENTS (VIDE ORDER DATED 15.02.2022, NOTICE TO R1 DISPENSED WITH, BY SRI. A.M. VENKATESH, ADVOCATE FOR R2) THIS MFA IS FILED U/S 30(1) EMPLOYEES COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DT.24.10.2019 PASSED IN ECA NO.1/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, MACT, CHIKBALLAPUR, PARTLY ALLOWING THE CLAIM PETITION FOR Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - MFA No. 6591 of 2021 COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 26.03.2026 AND COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO CAV JUDGMENT This appeal is filed by the claimant challenging the judgment and award dated 24.10.2019, passed by the II Additional Senior Civil Judge and Motor Accident Claims Tribunal, at Chickballapur, in ECA No.1/2016, whereby the Tribunal has partly allowed the claim petition and awarded compensation of Rs.3,51,920/- with interest at 12% per annum, which is assailed in this appeal seeking enhancement. 2. The appellant – petitioner has filed a claim petition under Section 22 of the Workmen’s Compensation Act, 1923 seeking compensation of Rs.8,00,000/- for the injuries sustained in a road traffic accident that occurred on 07.07.2014 at about 4:50 a.m. The petitioner, who - 3 - MFA No. 6591 of 2021 was working as a Driver under respondent No.1, was driving a Lorry bearing Registration No.AP-24-Y-4550 on Chickballapur road. When the vehicle reached near Sabalil cross, it met with an accident during the course of his employment. Due to the said accident, the petitioner sustained fracture of both bones right fore arm fracture D- 9 right rib and right medial T contusion temporal and sulcal subarachnoid heamorrhage. The petitioner was treated as an inpatient at St.John Hospital from 07.07.2014 to 21.07.2014 and thereafter, at Dr.P.Shivashankar Murthy Hospital from 01.08.2014 to 15.08.2014. During the course of treatment, he underwent surgical procedures. At the time of accident, the petitioner was aged about 21 years and earning Rs.15,000/- per month as a driver. Due to the injuries sustained, he claims to have suffered permanent disability affecting his earning capacity. The Tribunal, after considering the evidence, partly allowed the claim petition and awarded total compensation of Rs.3,51,920/-. - 4 - MFA No. 6591 of 2021 3. Learned counsel for the appellant submits that the Tribunal has not properly considered the medical bills for a sum of Rs.2,25,573/- produced by him which are marked as Exs.P.9 to 13 in the impugned judgment and award. The Tribunal has also taken income of the petitioner at Rs.8,000/- per month, which is also very meager. Hence, prays for allowing the appeal. 4. Per contra, learned counsel for the respondent No.2 has denied all the allegations made and pleaded that the respondent No.1 has not complied with the statutory demand and is not liable to pay the compensation. Hence, sought for dismissal of the appeal. 5. Heard learned counsel appearing for the appellant and respondent No.2 and perused the material on record. 6. It is evident from the record that, the Tribunal has not properly considered the medical bills produced by the petitioner. The actual medical expenses incurred were either ignored or inadequately assessed. The compensation awarded under various heads is on the - 5 - MFA No. 6591 of 2021 lower side and not corresponding with the nature of injuries. 7. It is not in dispute that the petitioner sustained grievous injuries and underwent prolonged treatment including hospitalization and surgeries. The documentary evidence on record clearly establishes that the petitioner incurred substantial medical expenses. The Tribunal has erred in not properly appreciating the medical bills and prescriptions produced and awarding lesser amount towards medical expenses without valid reasoning and has ignored the period of hospitalization and nature of treatment. Medical bills form a crucial component in assessing just compensation when supported by documentary evidence, such expenses ought to be fully considered unless specifically disputed. The appellant has produced medical bills at Exs.P.9 to P.13 and as per Ex.P.13, the amount spent by the appellant at Sairathna Multi Specialty Hospital, Ananthpur is Rs.1,06,299/-. As per Ex.P.9, the total amount spent by the petitioner for treatment at St.John Medical General Hospital, Bengaluru - 6 - MFA No. 6591 of 2021 is Rs.1,11,184/-. As per Ex.P.11, the appellant has spent an amount of Rs.4,630/- and Ex.P.12, an amount of Rs.3,730/-. In all, he has spent an amount of Rs.2,25,573/- towards medical expenses. 8. The Tribunal has awarded total compensation of Rs.3,51,920/-. Hence, considering the medical bills produced by the appellant, it is just and appropriate to award a sum of Rs.2,25,573/- towards medical expenses. 9. The claimant is entitled to total compensation of Rs.5,77,493/- with interest at the rate of 12% p.a., from the date of petition till realization. Accordingly, I proceed to pass the following: ORDER i. The appeal is hereby allowed. ii. The judgment and award passed by the II Additional Sr. Civil Judge and Motor Accident Claims Tribunal at Chickballapur in E.C.A.No.1/2016 dated 24.10.2019 is hereby set aside holding that the claimant is entitled for compensation of Rs.5,77,493/- with - 7 - MFA No. 6591 of 2021 interest @ 12% p.a., from the date of petition till its realization. iii. No order as to costs. SD/- (DR.K.MANMADHA RAO) JUDGE MH/-