- 1 - NC: 2025:KHC:9420 MFA No. 2347 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 2347 OF 2017 (MV-I) BETWEEN: THE MANAGER UNITED INDIA INSURANCE COMPANY LIMITED, PRABHU BUILDING MAIN ROAD, PUTTUR NOW REPRESENTED BY ITS DEPUTY MANAGER AJAY KUMAR SINHA REGIONAL OFFICE, UNITED INDIA INSURANCE COMPANY LIMITED 5TH FLOOR, KRUSHI BHAVAN NRUPATHUNGA ROAD, HUDSON CIRCLE, BENGALURU 560 001 …APPELLANT (BY SRI. L.SREEKANTA RAO, ADVOCATE) AND: 1. M.SANJEEV SHETTY S/O MONAPPA SHETTY AGED ABOUT 50 YEARS R/O KUMARAMANGALA HOUSE PUNCHAPPADY VILALGE, PUTTUR TLAUK, D.K. 2. M. JUNAID MANSOOR S/O ABDUL RAHIMAN HAJI, AGED ABOUT 27 YEARS ALAKEMAJALU HOUSE, KULA VILLAGE BANTWAL TALUK, D.K. 3. A. ABDUL RAHIMAN Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9420 MFA No. 2347 of 2017 S/O ABBAS, AGED ABOUT 54 YEARS, ALAKEMAJALU HOUSE, IDKIDU VILLAGE, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT-574 211 …RESPONDENTS (R1 & R3- SERVED AND UNREPRESENTED V/O/D 10/1/2020 NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.01.2017 PASSED IN MVC NO.187/2015 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND ACJM AND MACT AT PUTTUR, AWARDING COMPENSATION OF RS.1,30,000/- WITH FUTURE INTEREST AT THE RATE OF 6% P.A.FROM THE DATE OF PETITION TILL ITS REALIZATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the order passed in MVC.No.187/2015 dated 02.01.2017 by the Principal Senior Civil Judge and ACJM and Member, MACT, Puttur, the Insurance Company is before this Court. 2. The claim petition is filed by respondent No.1 herein seeking compensation of an amount of Rs.6,00,000/- for injuries sustained by the claimant in the accident that took place on 28.08.2014 at about 10:30 pm., the claimant was - 3 - NC: 2025:KHC:9420 MFA No. 2347 of 2017 walking on the left side of the Puttur-Mani State Highway, at Bolwar, Puttur Kasba Village, Puttur. It is the case of the claimant that a car suddenly came from the claimant’s back side in a rash and negligent manner and dashed against the claimant and due to this impact, he fell on the road and sustained severe and grievous injuries all over his body and he had incurred lot of expenses. It is his case that he is earning and amount of Rs.12,000/- per month. The Tribunal had held that the accident had taken place because of the rash and negligent driving of the driver of the offending vehicle. As per Ex.P3 wound certificate, the claimant had sustained simple injuries. The Tribunal in the order impugned had also observed that he had sustained simple injuries. The Tribunal, considering Ex.P8 containing 6 medical bills, had granted an amount of Rs.17,000/- towards medical expenses and an amount of Rs.50,000/- is granted under the head of pain and suffering and also the Tribunal had also observed that there is a curtailment of enjoyment of life. Hence, an amount of Rs.21,000/- is granted towards the loss of amenities and the Tribunal had granted Rs.5,000/- each under the heads of attendant, conveyance, food and nourishment charges. Then, - 4 - NC: 2025:KHC:9420 MFA No. 2347 of 2017 an amount of Rs.12,000/- was granted towards loss of earnings during treatment period. Considering the income at Rs.6,000/- per month, an amount of Rs. 15,000/- was granted towards future medical expenses. All together an amount of Rs.1,30,000/- was awarded by the Tribunal. 3. Basing on the evidence, the trial Court had granted the compensation as per the table given below: Sl. No. Head of Compensation Amount in Rs. 1. Pain and Sufferings Rs.50,000/- 2. Medical Expenses Rs.17,000/- 3. Loss of amenities Rs.21,000/- 4. Loss of earnings during treatment Rs.12,000/- 5. Attendant charges Rs.5,000/- 6. Conveyance Charges Rs.5,000/- 7. Food and Nutrition/Nourishment Rs.5,000/- 8. Future Medical Expenses Rs.15,000/- Total Rs.1,30,000/- 4. Learned counsel appearing for the petitioner/ Insurance Company submits that the compensation that was awarded by the Tribunal is contrary to the evidence and settled - 5 - NC: 2025:KHC:9420 MFA No. 2347 of 2017 principles of law. It is submitted that Ex.P3, the wound certificate discloses that the claimant had sustained simple injuries. Even as per the Tribunal, the same was observed and when the claimant had sustained simple injuries granting of an amount of Rs.50,000/- towards pain and sufferings is on the higher side. It is submitted that in a simple injuries, question of loss of amenities and when he was in hospital for 5 days granting an amount of Rs.15,000/- towards attendant, conveyance, food and nourishment charges is on the higher side. It is further submitted that without there being any evidence, how the Tribunal had granted Rs.15,000/- towards future medical expenses. Even, for that also there is no basis. He submits that the amount that is granted by the Tribunal needs to be reduced. 5. Though notice is served on the respondents, no vakalath is filed on their behalf. 6. Having heard the learned counsel appearing for the appellant, perused the material on record. The facts in the case are that the claimant had sustained simple injuries. According to him, he was in hospital for 5 days. The wound certificate - 6 - NC: 2025:KHC:9420 MFA No. 2347 of 2017 reveals that he had sustained simple injuries and if that the case, on what basis, the Tribunal without any evidence had granted an amount of Rs.15,000/- towards attendant, conveyance, food and nourishment charges, an amount of Rs.50,000/- towards pain and sufferings and an amount of Rs.15,000/- towards future medical expenses, is not known. All the compensation that is awarded by the Tribunal is on the higher side and without any basis. In that view of the matter, the order impugned needs interference from this Court. Accordingly, this Court is granting an amount of Rs.10,000/- towards pain and sufferings, an amount of Rs.17,000/- towards medical expenses, an amount of Rs.8,500/- towards loss of earning during the laid up period. Considering the accident is of the year 2014, by taking the income at Rs.8,500/- per month, an amount of Rs.5,000/- is granted towards attendant, food and transport charges. Altogether the claimant is entitled for an amount of Rs.40,500/-. 7. The claimant is therefore, entitled to the compensation under the following heads: - 7 - NC: 2025:KHC:9420 MFA No. 2347 of 2017 Sl. No. Head of Compensation Amount in Rs. 1. Pain and Sufferings Rs.10,000/- 2. Medical Expenses Rs.17,000/- 3. Loss of earning during the laid up period Rs.8,500/- 4. Attendant, Conveyance, Food and Nutrition/Nourishment charges Rs.5,000/- Total Rs.40,500/- 8. Accordingly, the appeal filed by the Insurance Company is partly allowed by reducing the compensation from an amount of Rs.1,30,000/- to Rs.40,500/- and the petitioner/ insurance company is liable to pay the compensation. i. The amount in deposit shall be forthwith transmitted to the Tribunal and if any excess amount is deposited, the petitioner/Insurance Company is at liberty to withdraw the same. ii. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. iii. No costs. - 8 - NC: 2025:KHC:9420 MFA No. 2347 of 2017 Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 22